27TH NOVEMBER,2024.

WHY IS THE JUDICATURE ACT, 1873-75 AND DISCUSS THE SIGNIFICANCE AND
EFFECTS OF THE JUDICATURE ACTS.
Judicature acts of 1873-75 are series of legal reforms in England and wales that sought that
fundamentally transformed the structure of the judicial system. It sought to modernize the court
system and avert any form of friction between the common law and law of equity by merging
them into one. This mergence brought about many significance or importance which shaped the
legal system of not only England but other countries that adopted this legal system. This essay
seeks to establish why the judicature Acts were passed in two years and the significance of the
judicature acts 1873-5.
WHAT LED TO THE JUDICATURE ACTS1873,1875?
Before the coming into force of the judicature acts in England, there was the common law and
the law of equity. The common law came about as a result of the Norman reforms made by
William the conqueror after the Norman dynasty which sought to centralize the administration of
the whole country by the unification of diverse customary laws. William the conqueror as part of
his reforms abolished the feudal system and created the kings court also known as the Curia
Regis. The Curia Regis was the highest court of the land and exercised legislative, executive and
judicial functions of the land. it was subdivided into three royal courts namely the exchequer, the
common pleas and the kings bench all based in Westminster. These courts interpreted the
common law which soon begun to pose problems. The people were the view that the common
law was too rigid, expensive to issue writs and only offered the remedy of damages. The people
complained to the lord chancellor who started to hear and decide cases on the bases of common
sense and fair hearing which led to the developments of equity.
Equity refers to a body of principles that were used in cases where the strict application of
common law would lead to an unjust or unfair rulings. It was designed by the court of chancery
to provide remedies that were more flexible and fair in cases where the rigid application of the
common law will pose problems. The doctrines of equity also provide the remedy of specific
performance which compels a person to perform his obligation. Now both common law and
equity were being interpreted in the courts of law but separately. This led to uprising of tension
as the outcomes of a case with the same facts were different in each law . the judicature Acts
were therefore made in order to avert these frictions enabling a person to seek damages and
specific performance in a similar case.
WHY THE JUDICATURE ACTS ARE 1873 AND 1875.
The judicature acts are cited together because they are closely related and represent a gradual
process of legal reforms. They are actually two different acts that are usually cited together. The
first Act the main act The Judicature Act of 1873 was the primary legislation that reformed the
court structure by merging the common law and equity together. It created the supreme court of
judicature which consolidated the court of chancery and the curia Regis and other courts into one
system. It also introduced the uniformity of procedure in civil cases. This act also created new
divisions by dividing the supreme court into the high court of justice and the court of appeal.
After the passage of the first act, it was clear that there were some practical difficulties in the
legal system and the second act that is The Judicature Acts of 1875 was passed to address these
issues after two years.it refined and amended parts of the first act focusing on the court
procedures, powers and further mergers. The process took two years because the reforms
involved practical and major changes to the legal system thus the judicature acts being cited as
The Judicature Acts of 1873-75.
THE IMPORTANCE OR SIGNIFICANCE OF THE JUDICATURE ACTS 1873-75.
The judicature acts had a heavy impact on the legal system of England and wales. Below are
some those significances.
Firstly, the judicature acts led to the creation of a unified court system. Before the Judicature
Acts, there were two distinct systems of courts in England: the courts of law and the courts of
equity. These systems had different procedures, remedies, and rules, which often led to
confusion and inefficiencies. The Judicature Acts 1873-5 merged these two systems into a single
Supreme court, creating a unified court structure. This meant that a case could be heard in one
court and benefit from both legal and equitable remedies, depending on the circumstances. Thus
reducing and alleviating any tension that could have been created.
Secondly, it led to the consolation and expansion of the judicial system. The Judicature Acts
increased the powers of judges. For example, judges in the new supreme court had both legal and
equitable powers, which gave them more flexibility in providing remedies to parties. They could
now issue orders in both law and equity within a single case. The Acts also introduced a higher
span in how judges could handle cases, allowing them to apply the most appropriate remedy for
the situation, regardless of whether it originated in the common law or equity.
The judicature acts of 1873-75 also led to the creation of the court of appeal. The Judicature Acts
created the court of appeal, which was a distinct body separate from the High Court. This
reformed and streamlined the appeal process, making it more efficient. The creation of a single
appeal court was significant because it removed the problems of appealing decisions to multiple
different courts, ensuring a more coherent and efficient appellate process as it enabled people to
seek redress on previously heard cases.
Lastly, the judicature acts led to the development of the modern English legal system. The
Judicature Acts marked the start of the modern legal system in England and Wales. The Acts
helped lay the foundation for modern case law and stare decisis and legal processes that we still
use today. They had a lasting impact on legal systems in other jurisdictions, especially in
countries that followed the British common law tradition. The reforms influenced the
development of judicial systems in many parts of the world, particularly within the
commonwealth and other former British colonies like Ghana.
In conclusion the judicature acts 1873 -1875 are separate act that were passed in order to
modernize the English legal system by merging the common law and equity to prevent
discrepancies. Some its significance includes, a unified court system, the development of the
English legal system and the creation of the court of appeal.