- Dedication
- New to edition
- Preface
- Guide to the online resources
- Table of cases
- Table of legislation
- Table of statutory instruments
- Table of EU legislation
- Table of international treaties and conventions
- Table of codes of practice
- Part 1 Introduction
- 1. Studying Law
- Part 2 The English legal system
- 2. Law, the Constitution, EU Membership, and Human Rights
- 3. Sources of Law, Statutory Interpretation, and the Legislative Process
- 4. The Court Structure and Alternative Forms of Dispute Resolution
- Part 3 Contractual obligations
- 5. Essential Features of a Valid Contract 1: Offer and Acceptance
- 6. Essential Features of a Valid Contract 2: Consideration, Intention to Create Legal Relations, and Certainty of Terms
- 7. Contracts, Contractual Capacity, Mistake, Misrepresentation, and Duress
- 8. Contractual Terms
- 9. Statutory Regulation of Contracts
- 10. Discharge of Contract and Remedies for Breach
- Part 4 Tortious liability
- 11. Negligence and Nuisance
- 12. Economic Loss, the Liability of Professional Advisors, and Psychiatric Injury
- 13. Vicarious Liability and Statutory Duties
- Part 5 Company law
- 14. Trading Structures and Forming the Business Enterprise
- 15. Corporate Administration
- 16. Maintenance of Finance and Capital
- 17. Corporate Management
- Part 6 Agency law
- 18. Agency
- Part 7 Employment
- 19. Employment Status and the Terms Forming the Contract
- 20. Dismissal at Common Law; Redundancy and the Transfer of Undertakings
- 21. Unfair Dismissal and Constructive Dismissal
- 22. Equality in the Workplace and Parental Rights
- 23. Regulation of the Conditions of Employment
- Part 8 Intellectual property
- 24. Intellectual Property
- Glossary
- Index
(p. 68) 4. The Court Structure and Alternative Forms of Dispute Resolution
- Chapter:
- (p. 68) 4. The Court Structure and Alternative Forms of Dispute Resolution
- Author(s):
James Marson
and Katy Ferris
- DOI:
- 10.1093/he/9780198766285.003.0004
This chapter identifies courts and tribunals as the place where the laws discussed in the previous chapters are interpreted and utilized in the legal system. The jurisdiction of the courts and the personnel within them are described and a comparison is drawn between these forums for the administration of justice. It is important for those in business to be aware of the work of at least one tribunal—the Employment Tribunal, as many employment-related disputes ultimately end up here. Also, the courts in the English legal system, and the increasing use of Alternative Dispute Resolution mechanisms, are relevant to businesses as they are used either to settle disputes or to avoid them altogether. Because the term ‘court’ is difficult to define in any practical sense, the chapter uses a description of what a court does.
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- Dedication
- New to edition
- Preface
- Guide to the online resources
- Table of cases
- Table of legislation
- Table of statutory instruments
- Table of EU legislation
- Table of international treaties and conventions
- Table of codes of practice
- Part 1 Introduction
- 1. Studying Law
- Part 2 The English legal system
- 2. Law, the Constitution, EU Membership, and Human Rights
- 3. Sources of Law, Statutory Interpretation, and the Legislative Process
- 4. The Court Structure and Alternative Forms of Dispute Resolution
- Part 3 Contractual obligations
- 5. Essential Features of a Valid Contract 1: Offer and Acceptance
- 6. Essential Features of a Valid Contract 2: Consideration, Intention to Create Legal Relations, and Certainty of Terms
- 7. Contracts, Contractual Capacity, Mistake, Misrepresentation, and Duress
- 8. Contractual Terms
- 9. Statutory Regulation of Contracts
- 10. Discharge of Contract and Remedies for Breach
- Part 4 Tortious liability
- 11. Negligence and Nuisance
- 12. Economic Loss, the Liability of Professional Advisors, and Psychiatric Injury
- 13. Vicarious Liability and Statutory Duties
- Part 5 Company law
- 14. Trading Structures and Forming the Business Enterprise
- 15. Corporate Administration
- 16. Maintenance of Finance and Capital
- 17. Corporate Management
- Part 6 Agency law
- 18. Agency
- Part 7 Employment
- 19. Employment Status and the Terms Forming the Contract
- 20. Dismissal at Common Law; Redundancy and the Transfer of Undertakings
- 21. Unfair Dismissal and Constructive Dismissal
- 22. Equality in the Workplace and Parental Rights
- 23. Regulation of the Conditions of Employment
- Part 8 Intellectual property
- 24. Intellectual Property
- Glossary
- Index