2. Equity tomorrow Equity has shown that it is able to adapt and expand to meet the needs of the time. During the 1950s and 1960s, it responded to increasing marital breakdowns by allowing the deserted wife to have an interest in the marital home. This was a good solution to a problem which was not addressed until the form of the Matrimonial Homes Act 1967.
3. Equity tomorrow In the 1970s, two important new remedies were created by extending the scope of injunctions. The Anton Piller order, which allows the court to order defendants premises to be searched and relevant documents to be removed. (Known as a “searching order”) The Marevainjunction, a court order to a third party, (someone not really involved within the case), such as a bank, to freeze the assets of a party to a dispute where there is a danger that they may be removed from the court’s jurisdiction. (Known as a “freezing order”)
4. Equity tomorrow However, more recent attempts to extend equitable jurisdiction, notably in Scandinavian Trading Tanker Co AB v FlotaPetroleraEcuatoriana (1983) and Sport International Bussum BV v Inter-Footwear Ltd (1984), have been firmly resisted by the House of Lords.
5. Equity Assignment Due: 25th September (a) Outline the development of common law and equity, and (b) Describe and comment on the role of equity today. What you need to include: (a) Explain what William I found in 1066 and what law he began to develop What were the 2 problems with William’s law How equity developed and how it differed from common law Consider the Earl of Oxford’s Case and why it is important Explain the effect of the Judicature Acts 1873 – 1875 (b) Discuss the maxims of equity Discuss the modern developments in equity Remember to use examples and cases to illustrate.
