Intro

Question 1

Nature of Equitable Jurisdiction

Answer 1

Equity is constantly evolving to prevent the unintended consequences of common law
it is not a stand alone jurisdiction, its a supplementary jurisdiction to allow for remedies where common law falls deficient
Lord Millet: Common law can stand alone but if not tempered with, it could lead to injustice. Equity cannot stand alone
Virgo: Equity has the capacity to modify the common law

Question 2

Adherence to precedent

Answer 2

Precedent plays an important role in equity
Keane: Not adhering to precedent would result in greater injustice and inconsistency in judgements
Therefore you must find an adequate balance between achieving justice and maintaining consistent decision making
Difficult for equity as there’s always the temptation to prioritise justice- Palm tree justice

Question 3

Should the making of equitable principles be a job for the courts or a job for the oireachtas
State the case

Answer 3

ACC v Connolly

Hogan J stated that no modern court should be making the equitable principles using subjective notions like fairness and equity, it should be the job of the legislature.

Question 4

The discretionary nature of equitable jurisdiction

Answer 4

Discretion plays a major role in equity although it is not arbitrary discretion, its discretion based on established principles.
Virgo- clear application of the principles, but discretion can be used for the application of remedies
Judges must balance doctrinal adherence and consistency
Example: Judicial discretion used on the assessment of remedies in relation to parties conduct.

Question 5

Unconscionability

Answer 5

Virgo: Unconscionability is a good thing because it allows equity to do what it needs to do, but if the def is not clear, its application could lead to greater injustice- objective test vital

Harding: restraining unconscionable reliance is a better way of upholding the rule of law standards

Agnew- uncon is a mechanism that prevents exploitation of formal rules which could lead to prejudice or injusctice

Question 6

BAckground on Equity

Answer 6

Supplementary jurisdiciton to supplement discrepencies in common law
King appointed to chancellor- chancellor court
Set body of judges handling specific areas
Earl of oxford case- Chancellory court can exercise equitable jurisdiction and abandon common law
Judicature act merged common law and equity- did not merge their principles

Question 7

Section 28(11) of judicature act

Answer 7

If conflict between equity and common law, equity takes priority- affirmed oxford case

Question 8

Fusion Fallacy

Answer 8

Different courts applied act differently
Initial case
United Scientific holdings v Burnley Council

Better view
Meagher v Dublin CC- Affirmed by laffoy J in Mcgrath v Stewart

Question 9

United Scientific holdings v Burnley Council

Answer 9

Concerned a rent clause and time limit not adhered to to invoke it, argued that prior to the judicature act, time wasn’t of essence and the clause could have been invoked

Lord diplock stated that Cl and Equitable principles had fused/

Question 10

Meagher v Dublin CC

Answer 10

Concerned breach of contract in relation to facilities for asylum seekers. Sought damages for breach

Issue: Whether equitable doctrine of laches applied in common law remedy

Held: Hogan J stated that no precedent tp support the idea that damages could be denied on something like time.
2 systems of law haven’t fused, they work closely together and equity cannot interfere with common law remedies

Question 11

Martin

Answer 11

Flexibility and capacty to develop the law requires both systems working side by side.