Aims:

The aim of this module is in the first term to give an overview of the English legal system examining how laws are created, the use of precedent and the application in the civil and criminal courts. In the second term will primarily concentrate on the laws of tort, their importance to construction professionals and the process of construction.



Objectives: 

Understand the sources of law within the English legal system including the place and influence of European Union law
 Explain how to interpret statutes and the system of precedent
 Identify the role of the different actors within the legal system and the purpose of the varying courts
 Identify of the role and obligations of the expert witness within the civil courts
 Define the broad range of torts with a specific focus on negligence and professional negligence and the importance of a ‘duty of care’
 Have an appreciation of other torts that impact on the construction process and/or the built environment
 To recognise the importance of the Human Rights Act 1998 and its impact on the interpretation and implementation of statutes
 Be able to assess the implications of environmental legislation and its impact on the control of pollution
Learning Outcomes:

Demonstrate knowledge of all the sources of English law including statute, case law, European Union law and academic texts
 The role of legal professionals and expert witnesses within the English courts
 Identify the appropriate court and recognise the process by which civil and criminal cases are determined at first instance and appeal
 The means by which a case is proved or disproved in the criminal and civil courts
 Be able to explain the principle and application of a ‘duty of care ‘ in the context of negligence, professional negligence and within the law of torts
 Be able to undertake legal research, interpret the information found and apply it to a problem-based scenario 
Content:

In the first term, we will learn about English law, where our laws come from and how they are applied within the courts. This will include understanding the creation of Acts of Parliament and the impact the European Union currently has on UK legislation specifically in the context of construction. Decision-making within the courts is not just based on statute but also the law that is created by the decision of judges or common law. We will therefore consider how decisions in past cases influence future cases. The majority of cases involving the built environment and its professionals are civil claims, these may relate to money if a contract has gone to dispute or neighbours to a site wanting an injunction due to excessive noise and appropriate examples will be considered. We will look at the role of the civil courts and how claims are made and also consider the use of expert witnesses. When considering, for example infringements of health and safety law, criminal prosecutions may result and so we will also examine how cases are brought and the workings of the criminal courts.

Having gained a foundation to the English legal system in the first term the second term will be more focused on construction specific topics. Once graduated you will look to work as professionals in the industry and as professionals you will be in a position where people will be reliant on your expertise, knowledge and advice. We will consider the concept of a ‘duty of care’ and how this has evolved initially in the context of negligence, for example a restaurant owner owing a diner a duty of care in terms of the quality of food that he or she serves, to consider the more personal obligation of a professional giving advice. Alongside examining appropriate case law, we will introduce specific cases that illustrate the standard that is expected of a professional going about their profession and consider how the courts determine if this standard has been met or not.

We will then explore the tort of nuisance and how individuals and classes of individuals may be able to bring claims or seek an injunction, if for example excessive noise or other nuisance, such as dust from, for example, a construction site impacts upon their lives. Environmental law is of increasing importance and this is considered in the context of protecting the environment, but also from the perspective of how polluting industries are permitted and can operate ensuring a manageable impact on the environment. This complements a study of the case of Rylands v Fletcher [1868], which concerns the escape of unwanted substances onto land.

One of the most important areas of law for the construction industry is the law pertaining to health and safety and its application in the workplace. We will look more generally at the role of an employer to his or her employees and that of employer’s liability. We will consider how when an individual is acting in the course of their employment, if they cause injury to another, vicarious liability will allow a claim to be made against the employer rather than the individual.

We will also consider the protection that is offered to visitors to real property and land, including construction sites, by the Occupiers’ Liability Act 1957 which places an obligation on land owners in terms of the duty of care that is owed. Trespassers are also owed a duty of care under the Occupiers’ Liability Act 1984 and this will be considered in the context of construction sites and the importance of ensuring that unsupervised and uninvited individuals are prevented from accessing what is a potentially hazardous workplace. The law we consider in the first year will provide a foundation for areas that will be explored further in the second and final years of study.



Essential Reading:

Farr, M. (2005) The Surveyor’s Expert Witness Handbook: Valuation, London: EG Books

Mason, J. (2016) Construction Law: From Beginner to Practitioner, Oxford: Routledge

Murdock, J. (2008) Negligence in Valuations and Surveys, 2nd Ed., Coventry: RICS

Smith, A.T.H. (2016) Glanville Williams: Learning the Law, 16th Ed., London: Sweet & Maxwell