the judicature act

Question 1

DOES JUDICATURE ACT TELL YOU SOMETHING?a

Answer 1

Judicature Acts 1873-75 (High Court, etc.,etc.) , judges could apply both common law and
equity. In the 1850-1860, the procedures were further simplified and efforts were made to
end duplication of claims in Common Law and equity courts.
1873: Judicature Act brought together the old common law courts and the Court of Chancery
and the Court of Appeal into the Supreme Court of Judicature
- The Judicature Act created a fairly uniform writ to access the court for all actions.
The decisions include both common law and equity considerations as relevant

Question 2

Equity

Answer 2

From the 16th century, the Court of Chancery developed its
own system of equity rules as its judges were more often
trained lawyers. Starting with Sir Thomas More (appointed
1529), all Chancellors were lawyers. It led to a legalization of
natural law (the basis of equity).
*The cases were decided on the basis of the equity of the cases
– the equity doctrine developed to correct the common law as
applied by the Royal courts
*From 17th C: existence of a dual system of common law and
equity.

*Equity became a system of case-law with precedents thereby
removing the freedom to decide on the basis of natural law.
Equity was thus taken up into the ‘legal system’