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Words: | Submitted: Mon Apr 24 2006
... of the residual discretionary power of the King to do justice among his subjects in circumstances in which, for one reason or another, justice could not be obtained in a common law court. In the early seventeenth century the competition between 'common law' and 'Chancery' came to a head in the Earl of Oxford Case1. In this case the common law court gave a verdict in favour of one party and the Court of Equity then issued an injunction to prevent that party enforcing that judgement. After the outcome of this case it was decided that in cases of conflict between common law and equity, equity will prevail. The Judicature Act 1873 "fused" the administration of law and equity by the creation of the High Court of Judicature exercising both law and equity and gave supremacy to equity in cases of conflict. In a famous metaphor, Ashburner said "the two ...
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