What is a lawyer in England

England / UK (Great Britain and Northern Ireland), English law, horak lawyers

In contrast to continental European law, important details of English law are based on court decisions and the common law formed from them. In the meantime, essential legal regulations of English law have been codified. This is particularly true of English business law. However, common law also plays a major role here.

As far as English law is concerned, it is primarily about the law in Great Britain and Northern Ireland. In contrast, English Wales and English Scotland have, in some cases, separate provisions and legal bases.

Overall, one can also speak of the law of the United Kingdom.

The English legal system

English and Welsh law is based on the following English legal system: Traditionally, common law, developed through case law, plays a special role as common law. Knowledge of court decisions, some of which date back to the Middle Ages, is a prerequisite for penetrating the English common law system.

Today, in addition to common law with all its special facets in English law and UK commercial law, primary law in the form of laws is of considerable importance for the legislative process by the Parliament of the United Kingdom and the National Assembly of Wales.

A secondary law exists to implement English law. This derived right can also take the form of administrative regulations. The law that gives power to enact secondary law is called the Empowering Act or the Parent Act.

In the area of ​​primary law, Welsh law may differ because the Welsh National Assembly is responsible for economic development, education, the environment, health, housing, tourism and transport. However, London remains responsible for all civil and criminal law.

International treaties on behalf of the United Kingdom are the responsibility of the Crown. However, the queen traditionally always follows the recommendation of the government.

Conflict resolution and hierarchy of the various sources of law in the United Kingdom

The English courts resolve conflicts between the various sources of law. Questions about the interpretation of laws can also be clarified in court.

As such, parliamentary laws cannot be overturned by a court. Because there is no constitution for this that regulates the corresponding procedures. Instead, the UK Parliament is the highest legislative body and can pass or repeal laws at its own discretion. No other institution has the right to override or question a parliamentary law.

From the common law system it follows that decisions of the courts, in particular the higher-level courts, also mainly pursue the advancement of the law. This results in a case law that builds on previous decisions. New decisions that change the existing case law are called overrulings. A new decision thus becomes part of the existing case law, although in most cases not the entire previous decision is overruled.

As a rule, primary law can only be changed or repealed by new primary law.

The official UK legislation can be found at www.Legislation.gov.uk. It includes the law of the United Kingdom (England, Scotland, Wales and Northern Ireland).

English lawyers: solicitor and barrister

Traditionally, a distinction is made between solicitors and barristers in the United Kingdom. Solicitors are active in drafting contracts, advising and otherwise out of court. They also prepare legal submissions.

The barrister, on the other hand, takes the oral hearing and hears it in court.

This traditional system is also reflected in the different training of the English barrister / solicitor.

In the meantime, the boundaries between the various areas of activity are becoming a little blurred and there is increasing overlap.

UN sales law according to English law

The UN sales law can be excluded by a corresponding agreement. This exclusion makes sense for German companies.

Law Firms in the UK

In Great Britain there are many specialized law firms as well as numerous large law firms that also have “branches” in Germany, such as Freshfields, Clifford Chance, Bird & Bird. We mainly work with specialized law firms / service providers and only name a small selection below (the law firm RGC Jenkins also has German branches in Freiburg and Munich):

More information on UK law

Further information on English law / English business law: