FACULTY OF JURIDICAL SCIENCES
E- CONTENT
COURSE: LLB-Vth Sem
SUBJECT: EQUITY AND TRUST
SUBJECT CODE: LL.B. 502
NAME OF FACULTY: DR. ANKUR SRIVASTAVA
BRAND GUIDELINE
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Lecture-4
LECTURE-4
AN INTRODUCTION TO THE JUDICATURE ACTS:
The Judicature Acts are a series of Acts of Parliament,
beginning in the 1870s, which aimed to fuse the hitherto split
system of courts in England and Wales. The first two Acts
were the Supreme Court of Judicature Act 1873 (36 & 37 Vict
c. 66) and the Supreme Court of Judicature Act 1875 (38 & 39
Vict c. 77), with a further series of amending acts (12 in all by
1899).
By the Act of 1873 (ss. 3, 4), the Court of Chancery,
the Court of Queen's Bench (known as the King's Bench
when there is a male Sovereign), the Court of Common Pleas,
the Court of Exchequer, the High Court of Admiralty,
the Court of Probate, and the Court of Divorce and
Matrimonial Causes were consolidated into the Supreme
Court of Judicature, subdivided into two courts: the "High
Court of Justice" ("High Court"), with (broadly speaking)
original jurisdiction, and the "Court of Appeal". Besides this
restructuring, the objects of the act were threefold:
• to combine the historically separate courts of common
law and equity;
• to establish for all divisions of the new Supreme Court a
uniform system of pleading and procedure; and
• to provide for the enforcement of the same rule of law in
those cases where equity and common law recognised
different rules.
The enactment was bold and revolutionary. By one section,
the Queen's Bench, the Common Pleas (in which
only serjeants formerly had the right of audience), and the
Exchequer, and all their jurisdiction, whether criminal, legal,
or equitable, were vested in the new court.
The fusion of the systems of law and equity was not
complete, however, as the Chancery (equity) division
retained a distinct existence within the new court from the
Queen's Bench (common law) division, having a certain range
of legal questions under its exclusive control, and possessing
to a certain extent a peculiar machinery of its own for
carrying its decrees into execution. Nevertheless, all actions
could now for the first time be initiated in a single High Court,
and (subject to such special assignments of business as
mentioned) could be tried in any of its divisions.
The meaning of common law:
• After unifying England and, judges from London travelled
around the country to administer common law, rather than
leaving it to local courts who had variations in the rules. This
produced a higher quality of law, more justice through circuit
court.
• What was administered by QB as opposed to Chancery.
Both judge-made law, today decided by the same judge.
• Judge-made law (common law + equity) as opposed to
enacted law made by Parliament.
• When dealing with inter-jurisdictional disputes, common
law system = primarily judge made with overlay of statutes;
civil law system = based on civil code and influenced by
Roman Law, e.g. Germany, France, Mexico, Quebec, Japan.
Common law can do two things for C when they make a
judgment against D:
1) Order to pay you money, e.g. damages, pay debts
2) Order for possession of something e.g. land, goods
Equity is important today mainly because of the large range
of attractive remedies available.
Many people view equity as a supplement to common
law. Common law does all the basic work to protect
fundamental values. However, equity later developed its own
substantive rights. Breach of confidence is a free standing
equitable right. Equitable maxim: come with clean hands,
cannot have bad behaviour yourself. It would inform the way
the discretion is exercised, which is different from common
law.
Equity generally tries not to conflict with common law,
and respects common law decisions. Ex: A is entitled to
possession at law, B is entitled to possession in equity. Equity
does not overturn common law. A is still entitled to
possession at law but is compelled by equity to use that legal
right of possession for B’s interests and benefit.
MCQs
1. The Judicature Acts are a series of Acts of
Parliament, beginning in the 1870s
i. True
ii. False
iii. Cannot say
iv. None of these
2. “Now equity is no part of the law, but a moral
virtue, which qualifies, moderates, and reforms the
rigour, hardness, and edge of the law, ………..”
Who said it?
i. Lord Ellesmere
ii. Lord Baltimore
iii. Lord Chelmsford
iv. Lord Cowper
3. Breach of confidence is a free standing equitable
right.
i. True
ii. False
iii. Cannot say
iv. None of these
4. Judge-made law is common law + equity.
i. True
ii. False
iii. Cannot say
iv. None of these
5. Equity generally tries not to conflict with common
law, and respects common law decisions.
i. True
ii. False
iii. Cannot say
iv. None of these
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