Common Law

English (and Commonwealth) law comprises common law and statute. Common law is established by judges, while statutory law is enacted through legislation passed by governments.

Common law, originating in the 12th and 13th centuries, is based on precedent cases rather than written principles. This flexibility allows it to evolve over time to meet changing circumstances. In contrast, statutory law can be rigid and may require amendments to address specific situations, sometimes referred to as case law.

In the common law system, judges create a body of case law on various topics, providing guidance for future cases. Judges in common law systems often have more influence than their counterparts in civil law systems.

Common law principles spread throughout the Commonwealth with the expansion of the British Empire from the 16th century onward, a legacy that persists in many countries today.

In practice, common law is found in case reports. Some topics have few relevant cases, while others have extensive case histories spanning centuries, making interpretation challenging and the relevance of one case to another unclear.

Efforts have been made to codify common law to improve accessibility. The Law Commission, a statutory body, proposes amendments to clarify common law, which Parliament then considers. Examples include the Civil Liability (Contribution) Act, establishing joint and several liability for breach of contract, and the Contracts (Rights of Third Parties) Act.