Court system in England and Wales Essay Example | Topics and Well Written Essays - 1500 words

Court system in England and Wales - Essay Example This provides the judge with an opportunity to grow his knowledge and expertise on the basis of the experience of hearing similar cases; this has supported his understanding of and familiarity with the subject matter. This procedure has saved out the time required by the previous judges to educate themselves for the variety of cases, the fundamental benefit of Specialist court is that it has reduced the duration of hearings, and reduced the costs for litigants, courts, and administrative staff. The procedure will develop the command and affiliation of a particular judge towards a particular issue and reference, the fact that the specialist judge is familiar with the particular area of law has frequently enabled the court to resolve and reach the conclusion at an early stage, through case management at a directions hearing, to ensure that only the core issues are pursued, and thus the reduction in the number of issues can be expected. (Graeme C. Moodie. The Government of Great Britain . 1961. Crowell. pp.241) The strong and comprehensive understanding of the respective judges with the case material has ensured greater consistency in the decision making phase, and the outcome of the proceedings is more predictable. This is especially important in certain fields, such as family law, where the ultimate decision usually requires the exercise of a discretionary judgment. The practice has resulted in the uniformity of decisions and verdicts; the uniformity of the decision is expected to further improve by judges having a collegiate association with each other. The consistency of the decision is required especially in family cases, where the court's decision may well impact forcefully on the parties. If such consistency of the decision is not reflected by the court, it is feared that people and families will develop lack of confidence in the court system, and subsequently the court's authority will dilute. (Edward Cazalet. Specialised courts: Are they a "quick fix" or a long-term improvement in the quality of justice A Case Study. 5th March, 2001) DEVELOPMENT OF CORPS OF SPECIALIST ADVOCATES The Court system of England and Wales, has recommended the establishment of Specialized Court, provided that there is sufficient amount of work, which will be followed by the development of a corps of specialist advocates. The purpose and existence of the court is compulsory, so as to assist and support the running court. Furthermore, the practice of the specialist court will enable the newly appointees of specialized court in identification of the important issues relevant to the case, and thereby give to the parties concerned a more informed prognosis about the outcome of the case. The Court system has further reduced the caseload of generalist courts, which are often overburdened. The specialist court is responsible for relieving the general court in case, a new legislation in particular field require thorough interpretation by the court. The specialist court is also responsible for ensuring that the mainstream of litigation is not impeded. (Philip Norton. The British Polity. 1984. Longman. pp.152) INCREASED MOMENTUM OF LITIGATION The adopted Court system has resulted in the increased momentum of litigation and saved costs. According to reports, the benefits of case management through the family court have been seen

Employment Laws in UK Replacing the Collective Laissez-Fair System Essay

Employment Laws in UK Replacing the Collective Laissez-Fair System - Essay Example This paper illustrates that before the introduction of the statutory employment law what was commonly in use was the laissez- fair that lost its significance later after the introduction of the statutory laws. This has made the collective bargaining to lose its significance considerably and instead the statutory laws have become more important. This has resulted into the emergence of new employment patterns in addition to employment disputes. This is clear indications that in the modern day workers depend on law rather than on the collective bargain. The rise of groups lobbying for the rights of workers has continually attacked the tenets of laissez faire through the enforcement of the labor laws. Laissez faire, which advocates for equal competitive chances for all hence survival of the fittest is currently seen as discriminative, offensive and unfair. Not only has individuals and organizations come up with new strategies, but the government has also come up with strategies aimed at protecting the consumers and investors. These regulations deal a great blow to the capitalist nature of businessmen as dictated by the laissez-faire policy. According to the Labor & European Law Review Index, there are articles, acceptable by the law that dictates on the associations at the workplace. Among the regulations in the index are the age regulations. This dictates that investors cannot hire children of a given age. Moreover, there are conditions that have to be fulfilled before an investor can hire women, children or the disabled. This restricts the freedom granted by the laissez-faire where one can hire whoever has the skills to complete the task at hand. Another challenge posed by the LERL is the employment rights, equality, and compensation. As it is widely accepted, Laissez faire is centered on the benefit of the investor but not the employees. It encourages manipulation of the workers as long as they fulfill the demands of the employer. An incompetent worker is automa tically dismissed. However, with the coming of the regulations, these freedoms are curtailed. The freedom of information means that the workers are no longer regulated. Access to information means that the workers are fully aware of their rights. They are therefore empowered to fight for their rights. On the other hand, the employers’ hands are tied as the labour regulations allow for such. Therefore, the employer ceases becoming the top-most authority, as is the case in laissez-faire. The employer also cannot fire the workers at will since that would be a breach of contract and the employer can be arraigned in court for that. Through these regulations, the employer loses the much control that is availed by the laissez-faire system. The UK Department for Business Innovation and Skills (BIS) has also formulated policies that are aimed at bringing a balanced and sustainable growth. On the face of it, this may seem like a great idea, but not in the eyes of investors who believe in the Laissez faire. Under these policies are some policy areas of interest. According to the BIS, these areas include business law, better regulation, consumer issues and business sectors among others. These are the key areas that threaten the continuity and functionality of the laissez faire system. Of greatest impact is the business law. This law is divided into segments which dictate how various functions in a business entity should be carried out. This alone inhibits the freedom of investors. Furthermore, these regulations call for corporate governance. This comes in line with the corporate social responsibility.