Understanding Common Law

Introduction to Common Law

• Increasingly referenced in social media.
• Often misinterpreted in conjunction with terms like "I stand under common law" vs "maritime law".
• Common law terms: common law nuisance, common law agency, common law partner (non-existent).
• Presenter: Barrister providing legal insights.

Overview of the UK Legal System

• No Written Constitution:

  • UK does not have a single document outlining rights and government functions.
  • Constitution derived from various sources:
    • Statutes (written laws)
    • Constitutional conventions (unwritten norms).

• Parliamentary System:

  • Westminster Parliament is the supreme lawmaking body.
  • Courts uphold legislation over common law.
  • Parliament has two houses:
    • House of Commons: Elected representatives.
    • House of Lords: Non-elected, mostly life peers.
  • Branches of Government:
    • Legislative: Parliament (Commons + Lords) + Monarch.
    • Executive: Prime Minister, ministers, police, armed forces.
    • Judicial: Judges, magistrates, and the Monarch (ceremonial role).

Role of Common Law

• Common law emerges from judiciary rulings and decisions in individual cases.
• Judicial checks ensure individual freedoms and fair trial rights.
• Common law consists of hierarchical decisions that form precedents.

Examples of Common Law Areas

• Common Law Nuisance:

  • Defined through a collection of judgments establishing principles for future cases.
  • Occupiers Liability Acts (1957, 1984) deal with property owner responsibilities.
  • Example case: Leakey and the National Trust (1981) regarding duties to neighbors.

• Duty of Care:

  • Standard defined in Goldman and Hargrave (1967).
  • Courts must decide on unforeseen situations (e.g., Japanese knotweed case: Williams and Network Rail, 2017).

• Common Law Offences:

  • Some crimes remain common law offences (e.g., homicide).
  • Common law defenses: self-defense remains a common law concept.

Misleading Information on Common Law

• Warning against misleading videos stating one can renounce legislation and rely solely on common law.
• Importance of formal legal advice:
  • Videos are not legal advice tailored to individual facts.
  • Seek professional legal guidance if unsure.

Conclusion

• Summary of common law's integration in the legal systems of England, Wales, Scotland, and Northern Ireland.
• Encouragement to seek further reading on the topic.
• Call to action: thumbs up, subscribe for more legal insights.