English law is the common law legal system governing England and Wales. It is divided primarily into criminal law and civil law, with each area operating through its own courts, procedures, and legal principles. The system is built upon foundational concepts such as fairness, equality before the law, judicial independence, and the right to a fair trial.
Historically, common law formed the basis and principal source of English law. Today, however, the highest legal authority comes from statutory legislation, including Acts of Parliament, regulations, and by-laws. Where legislation does not exist, common law remains the residual source of authority through the doctrine of stare decisis, meaning courts follow precedents established in earlier judicial decisions. Common law is developed by judges applying statutory law and established legal principles derived from previous cases, customs, and practices. Alongside common law, equity developed through the historical Court of Chancery and focuses mainly on trusts and equitable remedies. Parliament retains the authority to amend or repeal both common law and equitable principles.
Unlike civil law systems found in much of Europe, English law does not rely on a single comprehensive legal code. Nevertheless, much of criminal law has been codified for clarity and efficiency in prosecution, although certain offences, such as murder, continue to exist as common law crimes rather than statutory offences. While Scotland and Northern Ireland are part of the United Kingdom and share Westminster as a central legislature, they maintain their own separate legal systems distinct from English law.
International treaties, including agreements such as the Treaty of Rome or the Hague-Visby Rules, only become part of English law after adoption and ratification through an Act of Parliament. Once incorporated, treaties may later be withdrawn through executive action unless doing so would affect rights established by Parliament, in which case parliamentary approval is required under the doctrine of parliamentary sovereignty, as affirmed in the 2017 case of R (Miller) v Secretary of State for Exiting the European Union.
English legal terminology distinguishes between criminal law and civil law. Criminal law concerns crimes and punishments prosecuted by the Crown, while civil law addresses disputes involving contracts, torts, family matters, companies, and related issues. Civil courts primarily provide remedies such as damages, declarations, or injunctions to parties with enforceable claims. In another sense, “civil law” also refers to the codified legal systems derived from Roman law that are common throughout continental Europe, in contrast to English common law, which is rooted in judicial precedent and case law.
The distinction between common law and equity also remains significant. Common law developed through the King’s Bench courts, whereas equity originated in the Court of Chancery to address situations where strict common law remedies were inadequate. Equity operates according to principles known as the maxims of equity and provides remedies such as injunctions, specific performance, and trusts. The Judicature Acts of the 1880s merged the administration of common law and equity into a unified court system known as the Supreme Court of Judicature.
English law further separates public law from private law. Public law governs relationships between individuals and the state, while private law regulates relationships between private individuals and entities, though it may also apply to certain interactions between the state and private parties.
Legal remedies are the means provided by law to recover rights or obtain compensation for infringements. Most remedies are granted through the courts, though some self-help remedies exist, such as the lawful cancellation of a contract or the abatement of a private nuisance without court approval. Historically, civil proceedings in the High Court began through writs issued in the Crown’s name. Following reforms in 1979 and the Woolf Reforms of 1999, most civil actions are now commenced through the filing of a Claim Form rather than traditional writs or summonses.

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