College of Estate Management

K103LAW

Assignment 1

INTRODUCTION TO LAW
K103LAW Assignment 1 0703013

16 June 2008

16 June 2008 0703013

Introduction to Law

College of Estate Management

K103LAW

Assignment 1

CONTENTS 1.0 2.0 3.0

QUESTION 1 ................................................................................................................................................1 QUESTION 2 ................................................................................................................................................2 QUESTION 3 ................................................................................................................................................4

REFERENCES

16 June 2008 0703013

Introduction to Law

College of Estate Management

K103LAW

Assignment 1

1.0

QUESTION 1

Write a 300-word explanation of how the three examples of primary or delegated legislation that you found for Activity 1.1 affect your workplace. (10 marks) (Word Count 325)
The sheer quantity of legislation needed to be approved every year to regulate the economic, social and welfare sectors of the UK would be problematic and not least, extremely time consuming if left to parliamentary resources. It has therefore become common practice in English Law for enabling acts to be passed to empower persons or organisations to make the necessary regulatory changes within their specialized sector. (Galbraith et al, 2007).

This system of administering nominated power is known as Delegated Legislation, and is exercised from three main sources:

Orders in council (power usually derived from the privy council, occurring in extreme or emergency circumstances), Statutory Instruments, Bye-laws from Local Authorities or government endorsed public bodies.

The Building Act (1984) provided a framework that enabled the Building Regulation of 2000 (SI 2000:2531) to be imposed upon the UK construction industry, to ensure minimum standards are achieved. This has had wide reaching implications throughout both contracting and professional practices since its inception. Conformity to the standards that have been set out is obligatory and enforced by the local authority under section 35 and 36 of the Building Act.

The Health and Safety at Work Act (1974) initiated the Construction Design and Management (CDM) Regulations (recently updated in 2007), providing Approved Codes of Practice for compliance with the regulations endeavoring to make stakeholders on building projects accountable for issues such as risk allocation and health and safety.

The advantages of delegated legislation is obvious, the power to make well informed decisions is in the hands of the experts, the changes can be carried out rapidly and offers flexibility in tackling issues. However problems result from the lack of scrutiny and ultra vires nature of power in the hands of the few.

16 June 2008 0703013

Introduction to Law

College of Estate Management

K103LAW

Assignment 1

2.0

QUESTION 2

In about 300 words, explain why tribunals are important to the justice system and outline the role of the Tribunal Service and the Council on Tribunals. (10 marks) (Word Count 338)

Since the end of the Second World War, Parliament has, through the application of various Acts created and given ever growing power to tribunal systems. Tribunals are formed by both statute, and through public or organizational consensus. Today, a significant assortment of tribunals exists, dealing with disputes from various elements of both the social and economic sectors of the UK (from asylum to agricultural land). Tribunals can be deemed advantageous as they offer specialized and well informed decision making, in what can be a relatively informal setting allowing for financial and work load savings to the ordinary court system. Additional pros and cons are listed below.

Key advantages of tribunals:

can offer early resolution to a dispute though mediation and the possibility of early settlement No specialized court building required, staffing costs are kept down by discretionary nature of representation. Legal procedure not requisite Offers flexibility as not bound by precedent Accessible forum for grievances Lack of publicity offers privacy to parties involved in hearings

Key Disadvantages of tribunals:

Procedure not robust enough and can breed confusion and be undermined Lack of publicity hinders scrutiny Can incur high costs to public funding

16 June 2008 0703013

Introduction to Law

College of Estate Management

K103LAW

Assignment 1

In addition to the control by the courts, tribunals are subject to the supervision by the Administrative Justice & Tribunals Council (AJCT), which has supplanted The Council of Tribunals (CoT) in the 2007 Tribunal, Courts and Enforcement Act. The CoT was established in the Tribunal and Inquiries Act of 1958 and endeavored to ensure that tribunals were working to the benefit of the field that they represented. This was achieved by constant review from the council appointed by the Lord Chancellor (Kelly et al, 2005).

A defining point in the development of tribunal coordination has been by the recommendations by the Leggatt review in 2002. A central part of this was the unified administrative service which has subsequently been installed. The Tribunal Service is the independent administrative channel for the core government tribunals, initially representing the 10 largest systems at commencement; a number which today has doubled.

16 June 2008 0703013

Introduction to Law

College of Estate Management

K103LAW

Assignment 1

3.0

QUESTION 3

Write up your findings for Activity 1.7 in 200 words. State the principal factors that are taken into account when deciding whether an agreement is a lease or a license, and comment on whether Empire Ltd is in breach of the lease term. (10 marks)
(Word Count 375)

The court will attempt to look past the labeling of the agreement and assess whether it conforms to the traits of either a license or a lease. A lease grants exclusive possession over a fixed period of time, where as a license is a permission to do something in relation to land which would otherwise be considered a trespass. In Thomas v Sorrel (1674), Vaughn CJ affirmed that A license properly passeth no interest, nor alters or transfers property in any thing but only makes an action lawful, which without it had been unlawful

Snook v London & West Riding Investments Ltd (1967) showed that in instances such as this, the exact operation of the agreement will have to be investigated in determining whether the appearance of creating between parties legal rights and obligations different from the actual legal rights and obligations which the parties intend to create (Diplock LJ). If indeed Empire reserved the right of entry and allocation of rooms (and was not a sham) it would be held to be a license agreement, as it does not involve any transfer of exclusive possession. This sentiment has been set in precedent in Street v Mountford (1985).

The issue of leases in property is highly contentious, as agreements often go in the face of modern contractual ideals, often it is the courts decision on how much contractual principles are applied (Smith, 2003). While Card et al (2005:543) claim that previous case law should be regarded as laying down guidelines and not setting precedent.

Further consideration will be to whether the landlord has been reasonable in his refusal for granting consent for Empire to sublet. The Landlord and Tenants (Covenants) Act 1995, makes it necessary for the landlord to pre-define instances whereby consent will or will not be granted. If the landlord has failed to provide reasonable grounds for not given their consent, it could be construed as a liability in tort for breach of statutory duty, if so Empire can claim a mandatory injunction against the landlord and obtain damages (Card et al, 2005). The nature of Allans

16 June 2008 0703013

Introduction to Law

College of Estate Management

K103LAW

Assignment 1

business activities on the property will come under scrutiny. The court might uphold the refusal if the sub-lettee is engaging in undesirable endeavors on the leasehold in relation to the original covenant.

16 June 2008 0703013

Introduction to Law

College of Estate Management

K103LAW

Assignment 1

REFERENCES
Card, R. Murdoch, J & Murdoch, S. 2005. Estate Management Law. Sixth Edition. Oxford University Press. Oxford, UK. Duxbury, R. 2005. Nutshells Contract Law. Seventh Edition. Sweet & Maxwell. London, UK. Galbraith, A. Stockdale, M. Wilson, S. Mitchell, R. Hewitson, R. Spurgeon, S. Woodley& Devenport, A. 2005. Galbraiths Building and Land Management Law for Students. Fifth Edition. Elsevier-Butterworth Heinemann. Oxford, UK. Kelly, D. Holmes, A. Hayward, R. 2005. Business Law. Fifth Edition. Cavendish Publishing Ltd. London, UK. OSullivan, J & Hillard, J. 2004. The Law of Contract. Oxford University Press. Oford, UK.
Smith, R. J. 2003. Property Law. Fourth Edition. Pearson Education Ltd. Essex, UK.

Trietel , G. H. 2004. An Outline of the Law of Contract. Sixth Edition. Oxford, University Press. Oxford, UK.