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Hi John,
I was studying the lecture notes. Equity and common law courts fused in the late 1800s. Does the Equity element still prevail over Common law? Can each judge refer to either concept, or are the higher courts (court of appeal etc) equity only?
Also, “Ratio not binding if in conflict with European law”- does this still apply, post ‘Brexit’?
Last time, Ranjit … it’s Mike, not John
“Does the Equity element still prevail over Common law?”
Yes – according to the decision in the Earl of Oxford’s case of 1604(? but date not important) where the two branches are in conflict, Equity shall prevail
“Can each judge refer to either concept”
Yes, but the cases are no longer held in different courts
“… or are the higher courts (court of appeal etc) equity only?”
No, the Higher Courts draw their decisions from both common law and equity law
OK?
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