We work with a lot of law firms, and over the years we’ve picked up a thing or two about how the legal system works. We might not (yet) be expert solicitors ourselves, but it turns out that a lot of what people believe about the law isn’t entirely accurate. How many of these modern legal myths did you believe?
Myth: Shops must accept any legal tender as payment.
Fact: A shop (or individual) is permitted to refuse any form of payment offered. If you try to buy a chocolate bar with a fifty-pound note, there is actually no obligation for the store owner to accept your money. Cash, credit, crypto – it is entirely up to the seller’s discretion what currency they use. Tesco could decide tomorrow that from now on it will only accept commemorative beer mats for all purchases. It’s unlikely to do so, because it would be out of business within a month, but the fact is that anyone is entitled to refuse payment in any form. The phrase that is often bandied about in this scenario, “legal tender”, actually only means that if you offer to fully pay off a debt to someone in legal tender, they can’t sue you for failing to repay. Outside of that narrow definition, it’s not relevant to everyday life. So, think twice next time you want to kick off about the newsagent not accepting your Scottish fiver.
Myth: If something is in a contract, it must be enforceable.
Fact: Contracts can’t supersede the laws of the land. If your landlord slips it into your tenancy agreement that you will have to carry out unpaid slave labour every weekend and you sign it, that clause isn’t enforceable because slavery is outlawed. Extenuating circumstances can also cause a contract to be overruled. For example, in June 1902, many homeowners rented out the front rooms of their houses for the planned coronation of King Edward VII, as the procession was due to pass down their street. However, the king fell ill and the coronation was postponed. The people who had rented the rooms didn’t want to pay, and the homeowners took them to court for breaching the contracts. The courts found that the contracts which specifically mentioned the coronation procession were void, on the grounds of frustration of purpose. However, the contracts which did not mention the coronation were enforced. Modern contracts tend to be more carefully worded for this reason.
Myth: If you live with your partner for over ten years, you have a common law marriage
Fact: This exists in some US states, but not in the UK (except some wording in Scottish law around “irregular marriages”, but even that’s vague). There is a related concept called “cohabitation”, which confers some legal distinction, but it is primarily used for means testing benefits and parental rights. However, cohabiting couples aren’t automatic beneficiaries or have protections regarding non-joint bank accounts, mortgages, tenancies or pensions, unless the other person is explicitly mentioned as a joint account holder or in the terms as a beneficiary, for example in the event of death. Many people don’t realise that marriage confers certain legal protections on you, such as allowing your spouse to inherit your estate and avoid certain taxes. Even if you live with your partner for fifty years, in the eyes of the law they are just some person who isn’t related to you. This is why it’s important to get your will seen by a good solicitor.
Myth: The British Constitution is the foundation of modern UK law
Fact: While there is a vague concept of the Constitution of the United Kingdom which encompasses the collective legislation and customs of the nation, the UK does not have a coded constitution. This is a concept that seeps into the public consciousness from America. Because the UK’s political system evolved over time, rather than being changed suddenly in an event such as a revolution, collapse of government or overthrow of monarchy, it is continuously being defined by acts of Parliament and decisions of the courts, but there is no central document laying out the fundamental rights and laws of the land. There is a Bill of Rights, which remains a core foundation of English constitutional law, but it doesn’t work the same as the American Bill of Rights. There was a recent debate about creating a similar version to the American one, but it didn’t pass through parliament.
Myth: You can decide not to press charges against someone
Fact: The police decide whether to put a case forward to the Crown Prosecution Service, not the victim of the crime. If there is ample evidence, they will go ahead with the prosecution, even if the victim changes their mind (see, for example, Caroline Flack, where the CPS proceeded with a charge of domestic violence even though her boyfriend attempted to withdraw his complaint). The only real exception to this is that if the only compelling evidence is witness testimony from the victim, and the victim refuses to cooperate, then the CPS may decide it isn’t worth prosecuting. Oh, and for the record, this is actually the same in America, so this one is a misconception wherever you are.
Myth: You have a right to a trial by a jury of your peers
Fact: The Criminal Law Act 1977 made a number of minor offences and driving offences summary only, thus removing the right to jury trial. Jury trials amount for less than 1% of all criminal trials due to most cases being dealt with in magistrates’ court; of those cases that do proceed to Crown Court, approximately two-thirds will plead guilty. So, unless you’re wrongly charged with (or commit) a very serious offence, you are unlikely to ever face a jury, even if you do go to court.
Myth: Police will always require a search warrant to enter your home
Fact: There are several circumstances in which police can enter a property without showing a warrant. For example, if they have reason to believe a person is in danger (either from themselves or another person); if they are in close pursuit of a criminal suspect; to enforce an active arrest warrant on an occupant; or in circumstances where obtaining a warrant might defeat the ends of justice, such as tipping off the target of an investigation who may flee or destroy evidence.
Summary
The law is complicated, and yet many people with no training or background in it assume that they understand how it works. Marketing? It’s the same situation. Many law firms think they can just take care of their own marketing, and that calling in the experts is overkill. Invariably, they find out the hard way that this is not true. Think the law is complex? Try understanding the thought patterns of millions of people, and then devising a strategy to attract them to you. Marketing, like the law, is something you can try to do yourself, but probably shouldn’t. Sypher Media will ensure your firm stands out, connects, and wins in the legal marketplace.
