LET 252: The Law of Equity and Trust

(Courts of Equity and their Function)

SID: ARNAB/LLB 00305037 | CT: Adv. Jalal Uddin M. Akbar

The Chancery court or court of equity is the court which authorized to apply the principles of equity as opposed to law, to cases brought/come before it. The equity court handled the law suits granting remedied other than damages (pecuniary jurisdiction)

Remedies under Equity Courts

There are three (3) types of remedies were available under the equity courts:

1. Writ2. Injunction and3. Specific Performance

Why the Equity Courts evaluated/originated?

To avoid the slow pace of change or possible harshness (inequity) in the Common Law court.

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Equity court had jurisdiction over all the matters of equity, including Trust, Land Law, Administration of the Estates of lunatics and the guardianship of infants.

Who is Lord Chancellor?

Lord Chancellor was the chief judiciary officer of the equity courts. (Keeper of the king’s conscience)

Courts of Conscientious Laws

Equity courts were primarily called the Courts of Conscientious Laws.

Equity courts can overruled the Common Law provisions and the rules and producers were more liberal and flexible.

What was the main aim of Equity courts?

The main aim of Equity courts are to mitigate the suffering of the litigant parties.

The Administration of Justice Act, 1881Equity Courts (Chancery Court)

1. The Exchequer: the Exchequer was dealt only financial matters of equity jurisdiction.2. The Exchequer of Pleas: the Exchequer of Pleas was dealt all others equity matters,

excluding the financial matters.

Why the Exchequer of Pleas loss of its Equitable Jurisdiction?

With the shift of the Exchequer of Pleas towards are Common Law courts and loss of its equitable jurisdiction by The Administration of Justice Act, 1881. Then the Chancery become only national equitable body in the English Legal System and the Chancery was applied the national equitable jurisdiction.

What is Curia Regis?

Curia Regis was the King’s Council (the Representative of the King)

Chancery was the personal body of staff of Lord Chancellor.

When Chancery became an entire judicial body?

In 15th Century the Chancery became an entire judicial body.

Criticism of Common Law Courts during Elizabeth-1

There were some criticism of common law courts during the queen Elizabeth-1:

1. Slow Pace2. Large Back Logs and 3. High Cost

When the Common Law courts began?

The Common Law courts began in 1850s and finally succeeded with the 1873 and 1875.

Which Act dissolved the Chancery and created a new High Court?

The Supreme Court of Judicature Act dissolved the Chancery 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.

The Supreme Court of Judicature Act, 1873 and 1875

There were two (2) courts under The Supreme Court of Judicature Act, 1873 and 1875:

1. High Court and2. Court of Appeal

High Court had 3 divisions:

1. The Chancery Division2. The King’s Bench Division and3. Probate, Divorce and Admiralty Division

Officers of the Equity Courts

1. Lord Chancellor: Vice Chancellor and Chancery2. Master of the Rules: 12 Masters, Frequently called assistances from the Common Law

Judges.

Functions of Equity Courts

1. Administration of estates of deceased person;2. Dissolution of partnership and partnership accounts;3. Redemption of foreclosure of Mortgage;4. Rising of portion or other charge of land;5. Sale and distribution of property subject to a lien or charge;6. Execution of trust;7. Ratification, cancellation or set a side of any written/dead instruments;8. Specific performance of contract;9. Partition all sale of real estate;10. Wardship of infants in case of their estates.

Maxims of Equity

Following the basic principles around which Equity have been developed:

Equity will not suffer a wrong without a remedy Equity follows the Law

He who seeks equity must do equity He who comes to equity must come with clean hands Delay defeats equity Equality is equity Equity looks to the intent rather than of form Equity looks on that as done which ought to be done Equity imputes intent to fulfill and obligation Where there are equal equities the law prevails Where there are equal equities the first in time prevails Equity acts in personam