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    Origin and Development of Equity

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    Mehedi Hasan
    The origin of equity can be traced back to 13th century England, where petitioners sought relief from the King when the rigid common law failed to provide adequate remedies for legal issues. The Chancellor began hearing these petitions and established the Court of Chancery to provide equitable relief based on natural justice. This led to the development of equity as a separate legal system from the common law. In 1873, the Supreme Court of Judicature Act merged the common law courts and the Court of Chancery into a new High Court of Justice with equitable and common law jurisdiction.

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    Origin and Development of Equity

    Uploaded by

    Mehedi Hasan
    71 views1 page
    The origin of equity can be traced back to 13th century England, where petitioners sought relief from the King when the rigid common law failed to provide adequate remedies for legal issues. The Chancellor began hearing these petitions and established the Court of Chancery to provide equitable relief based on natural justice. This led to the development of equity as a separate legal system from the common law. In 1873, the Supreme Court of Judicature Act merged the common law courts and the Court of Chancery into a new High Court of Justice with equitable and common law jurisdiction.

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    Origin and development of equity

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    The origin of equity can be traced back to 13th century England, where petitioners sought relief from the King when the rigid common law failed to provide adequate remedies for legal issues. The Chancellor began hearing these petitions and established the Court of Chancery to provide equitable relief based on natural justice. This led to the development of equity as a separate legal system from the common law. In 1873, the Supreme Court of Judicature Act merged the common law courts and the Court of Chancery into a new High Court of Justice with equitable and common law jurisdiction.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    71 views1 page

    Origin and Development of Equity

    Uploaded by

    Mehedi Hasan
    The origin of equity can be traced back to 13th century England, where petitioners sought relief from the King when the rigid common law failed to provide adequate remedies for legal issues. The Chancellor began hearing these petitions and established the Court of Chancery to provide equitable relief based on natural justice. This led to the development of equity as a separate legal system from the common law. In 1873, the Supreme Court of Judicature Act merged the common law courts and the Court of Chancery into a new High Court of Justice with equitable and common law jurisdiction.

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    © All Rights Reserved
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    The origin of Equity can be traced back to the end of 13th century during the period of Norman Conquest

    in England. In England the original law was the Common Law — it was based on the common customs of
    the country which were administered by Common Law Courts. The Administration of Justice in Common
    Law Courts was based on the maxim ubi jus ibi remedium, which means that where there is a right, there
    is a remedy. Common Law was known as law of remedy rather than the law of right. This resulted in
    curtailing the remedies available to the complainant under common law and because of this injustice was
    done to the people. Gradually Common Law became a body of rules that provided limited remedy and
    which was incapable of growth. Towards the end of 13th Century, Administration of Justice by Common
    Law Courts reached new pinnacles as the King’s Bench, the Court of Common Plea and the Exchequer
    were established.

    The justice of the Court of Common Pleas judged following the Customary Law and Statutory Law. But the
    court did not provide proper remedy at all and it was not adequate remedy for the plaintiff or the
    defendant. The law did not provide relief for all inconveniences. No provisions were made for matters of
    natural justice. In such cases, a petition was made to the king-in-council to exercise his extraordinary
    judicial powers and developed of referring these petitions according custom. It was dealing with these
    petitions that the Chancellor began his judicial functions and the Court of Chancery' was established
    besides the Court of Common Law.

    The 'Chancellor acted according his judicial conscience or the principle of natural justice. The rules thus
    arising though the administration of justice in the Court of Chancery were called 'Equity in
    contradistinction in Common Law. In this way, two courts (Common Law Court and Chancery Court judged
    parallel in that time. In the 18th century Equity was composed as a legal system and up to 1873 there
    remained two separate systems of courts namely

    1. Common Law Court and

    2. Chancery Court

    But in 1873 both the courts were dissolved by The Supreme Court of Judicature Act, 1875 and created a
    new unified High Court of Justice with the Chancery division 1 of 3 divisions of the High Court succeeding
    the court of Chancery as an equitable body. There were two courts under The Supreme Court of
    Judicature Act, 1875 and they were:

    1 High Court and

    2. Court of Appeal

    And the High Court had 3 divisions and they were:

    1. The Chancery Division


    2. The King's Bench Division and
    3. Probate, Divorce and Admiralty Division

    These courts assigned with the powers of enforcing all the rights and remedies legal as well as equitable.

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