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Monday, May 27, 2013

Origin & Development of Equity Court.


Before the 1066 Norman Conquest of England, there was no unified national legal system in the region- just collection of oral customs which ware peculiar to each domain.

     The Norman Conquest of 1066 is vitally significant in the development of the law in England. They prepared and paved the way for the development of the common law and English Courts. Common law is that part of law of England which before the judicature Act 1873-75 was adjudicates by the Common Law Court. As for Example:-
1.      Kings or Queens Bench Court.
2.      Common Pleas Courts.
3.      Exchequer at West minister Court.

     In the earlier times the common law court’s provided no remedy in many cases where one was required. So the custom grew applying for redress to the King in Parliament or Court of Kings Bench. The Court of Kings Bench was created by the Normans King. As an outcome of the decision of those courts various right and obligation were founded which led to the commencement of common law principles. However, if it was unfair or unjust there was right granted petition the king directly. As for example, if a man had no thing in writing and the debtor was dead he would have no remedy at common law. For that reason aggrieved person going to the king for justice. And king referred or give the authority to do justice with own opinion and good conscience to the Chancellor. The Chancellor was known as king’s prime minister.

    Courts of Chancery were created to hear those cases. The principles of equity and good conscience have developed in these courts of chancery. In 1348 the king completely assigned his equity jurisdiction to the Chancellor. The Chancellor solved, discloses or issued decree in the name of king. But in 1414 a decree was made on his own authority and this practice continued so that there came to be a Court of Chancery as independent institution.

     The Court of Chancery were known as the Court of Equity, which could apply the principles of equity and award equitable remedies for this reason equity court get much more popularity over Common Law Court. That’s why the conflict arises between the Common Law Court and Equity Court. In Earl of Oxford case 1615, King James first gives his consent in fever of Equity Court. In 1616 the Equity Court gets priority over the Common Law Court.

     In 1800 Lord Nottingham brought the principles of Equity in a particular shape. For that Lord Nottingham is called as the father of modern equity. In 1873 the judicature Act of 1873 removed the separation between the Common Law Court and Equity Court. All courts are now empowered to apply both of rules.