Equity

Question 1

What was equity?

Answer 1

A branch of law which was administered in the court of chancery
Prior to the judicature Act 1873 and 1875.

Question 2

What is Equity ?
(Earl of Oxford’s case 1615)

Answer 2

Equity mitigates the rigour of common law

Question 3

What is Equity?
(Westdeutsche Land v Islington LBC
1996)

Answer 3

Equity is underpinned by the notion of conscionability
(conscionability = fairness)

Question 4

Fusion of the two Jurisdictions
Equity & Common law

Answer 4

The two used to exist in separate courts until the Judicature Act 1873 and 1875.

Fused together in the Supreme Court

Question 5

S.25 (1) Judicature Acts 1973

Answer 5

If there was conflict between law and equity, equity would prevail

Question 6

Lord Neuberger in 2010 :

Answer 6

equity evolved to achieve justice and to overcome the déficiences of common law

Question 7

Equitable Maxims

Answer 7

Tinsley v Milligan 1993

Those who seek equity must do equity (Nesson v Clarkson 1845)

Those who come to equity must come with clean hands (Jones v Lethal 1669

Equity treats as done that which ought to be done

Equity protects the weak and vulnerable

Equity is imaginative

Equity follows the law

Equity is equality

Equity acts in personam

Question 8

Origins of equity?

Answer 8

Earl of Oxfords cases 1615 :
Equity mitigates the rigour of the common law

Westdeutsche Land v Islington LBC 1996 :
Equity is underpinned by the notion of conscionability (fairness)