Due to the recent events of Brexit, I will

Due
to the recent events of Brexit, I will be analysing and evaluating the key
reasons of the relocation of the firm as a legal advisor within the company of
‘Accountants UK’. Throughout this assessment I will evaluate the English Common
Law system benefits and drawbacks towards the English society. Furthermore I
will emphasise on the English Common Law system focusing on two key areas; The
Doctrine of Precedent and Statutory Interpretation. I would briefly mention on
how the Code Civile system operates to allow a comparison with the English
Common Law System. As a result of these findings I would make a decision
whether to relocate our main office to Germany, Berlin or to remain within the
London, UK main office due to the causes of Brexit within the UK.

The
Doctrine of Precedent shows how it influences the outcome of the case being
heard by showing the types of cases, and in which of the courts, such as Court
of Appeal decision would be relevant and how it influences the outcome of the
case being heard. The Doctrine of Precedent shows acceptable application of the
Law within court cases. The Latin phrase “stare decisis” is a Latin phrase meaning
‘let the decision stand’. This key area of English Common Law works by cases
which would be decided in the same way considering the cases have similar facts
that are equal. Furthermore the “ratio decideni” shows a method by using a
previous law case to establish and pursed the legal reasons as a result of this
it can help determine the outcome of the case “obiter dicta”. An example of a case where “ratio
decideni” occurred was in the Re Automatic Telephone and Electric Co. Ltd.’s
Agreement (1965) CA1 as
a previous case was used to influence as decision to make it stand as a judge
objected within the Re Schweppes Ltd.’s (1965) CA but the point was the same in
the previous case.  On the other hand
decisions in the lower ranks within the courts doesn’t have the same effect of
decisions on the higher rank cases in the courts. The Doctrine of Precedent can
be separated into two separate categories such as the binding precedent and the
persuasive precedent. A binding precedent must be applied to a later case but it
would occur if the case information can relate towards a previous case in a
higher court in which the law statement was part of the ratio for the previous
decision. On the other hand the persuasive precedent doesn’t meet the
requirements to be a binding precedent which means other factors to help
determine a decision.

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The
statutory interpretation shows implementing legalisation as a process used by
the courts. There are different techniques used when statutory interpretation
occurs as it can be split into three different types of rules; Literal Rule,
Golden Rule and Mischief Rule. The Literal Rule shows that words, must give
their plain and accurate meaning as shown within the Sussex Peerage Case, (1844)
1 CI & Fin 85.2
This case represents the meaning behind the Rule as it shows that if the words
are too precise then, they must clarify them to it’s natural sense. The Golden
Rule links towards the Literal Rule to an extent that the plain and accurate
meaning of the words used within the courts doesn’t use a narrow or a wide
approach.

This
can be represented within the Grey vs Pearson (1857) 6 HL Cas 613,
HL as it shows any grammatical mistakes within the words must be corrected. The
Mischief Rule is different that the Literal Rule and Golden Rule because it
shows what Parliament meant by using an observation of the former law while on
the other hand the Literal and Golden Rule only talk about the words that
Parliament has said. As presented within the Corkey v Carpenter (1951) 1 KB
102, DC4
the mischief rule was applied when the avoidance of a person on the motorway
which was drunk in charge of the bicycle for public reasons.

By
discussing Statutory Interpretation and The Doctrine of Precedent the
advantages of the English Common Law System are due to flexibility, certainty
and consistency when it is used.

The
English Common Law System offers flexibility because in large-scale court cases
decisions of the judge can be more straightforward and faster than having to
amend the law within different aspects, which means the judges don’t have to
draft, debate and implement the correct legalisation for the cases. This would
benefit ‘Accountants UK’ if they remain within the main office of London as
they can use previous court cases to help come up with a final decision to
allow the process to be quicker. Furthermore there is more certainty within the
English Common Law System as it provides equity which means everyone gets
treated equally. This is due to the fact some individuals have more wealth and
power within court cases, so by using this system this wouldn’t be exploited
within the ruling as everyone would be treated equally. The consistency is
shown within the English Common Law due to the doctrine of precedent as
decisions are not made on personal opinions or judgement instead they are made
on the precedent as it is based on experience and authority it is more likely
to be used by senior judges within the court cases.

The
Civil Law also known as ‘Code Civile’ originates within the European region it
is a primary source of law which is summarized into a referable system.  The Civil Law system occurs within 150
countries in comparison towards the Common Law System within 80 countries. Involvement
of the judges used in the Civil Law System are different because in a civil law
system, the judge’s role is to provide the facts of the case and to apply the relevant
code. Furthermore Civil Law reliance on the precedent is very weak in comparison
towards the English Common Law system which relies on the precedent when making
decisions.

In
conclusion, ‘Accountants UK’ should remain within the main office within London
UK because the use of English Common Law system provides more freedom, and it
is considered more responsible when using the system. Furthermore cases would
be treated more equally and fairly as they have information from previous cases
to a make a judgement due to the use of the Doctrine of Precedent.

In
addition using the English Common Law system as it doesn’t require permission
for actions within Law. By using an English Common Law it is more efficient as
the process can occur faster due to make a decision examples are already put
into place.

 

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