Equity Case Study

The historical development of the English legal system has created a parallel system where equity operates alongside the common law, emphasizing a system that coherently has distinct legal differences in its application.

The law of Equity in its complex nature has without doubt had a fundamental role in the development of the English legal system. Through recognizing its legal history of doctrines and principles established over centuries, equity has emerged to establish a distinct legal framework, which has subsequently been used to administer justice in relevant times. Since the enactment of the 1873 Judicature act, the prevalence of a parallel system has been recognized, whereby equity has effectively operated along side the common law. Subsequently, under Section 25 of the Judicature Act 1873 it was noted that if conflict were to arise between common law and equity, equity prevails. Proposing the idea that without equity the common law would be an incomplete means of achieving justice, resulting in equity to act as a check and balance upon the inadequacies of the common law.

It is recognized that through fusing the administrative aspect of equity and common law, it has inventible proposed the integration of the two

Proposing that the two separate bodies of law ‘run in the same channel’, it is argued that they should not ‘mingle in their waters’. Suggesting that equity and common law should remain distinctly separate, irrespective of the fact that they are administered in the same court. This distinction between the common law and equity can be further illustrated through each system’s distinct legal claims and remedies available. According to the common law system damages are available as of right, whereas equitable remedies are completely