Equity Continued

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Equity Continued

  1. 1. Equity Continued<br />
  2. 2. Equity tomorrow<br />Equity has shown that it is able to adapt and expand to meet the needs of the time.<br />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.<br />
  3. 3. Equity tomorrow<br />In the 1970s, two important new remedies were created by extending the scope of injunctions.<br />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”)<br />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”)<br />
  4. 4. Equity tomorrow<br />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.<br />
  5. 5. Equity Assignment<br />Due: 25th September<br />(a) Outline the development of common law and equity, and<br />(b) Describe and comment on the role of equity today.<br />What you need to include:<br />(a)<br />Explain what William I found in 1066 and what law he began to develop<br />What were the 2 problems with William’s law<br />How equity developed and how it differed from common law<br />Consider the Earl of Oxford’s Case and why it is important<br />Explain the effect of the Judicature Acts 1873 – 1875<br />(b)<br />Discuss the maxims of equity<br />Discuss the modern developments in equity<br />Remember to use examples and cases to illustrate.<br />

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