Equity is the name given to the set of legal principles which both supplement and form part of the common law of common law countries. It originated as a separate body of law operating in the Court of Chancery in England alongside the common law, but has now merged to operate harmoniously with the common law under the same court system. Equity is commonly said to ‘mitigate the rigor of common law’ by supplementing the stricter rules of the common law where their application would operate harshly. For this reason it is also often referred to as ‘the gloss on the common law’.

Equity is meant to be more flexible than the common law. Historically, this was a primary reason for criticism of equity, as it was said that it had no fixed rules and merely entailed the Lord Chancellor judging in accordance with his own conscience. However, as time went on, the rules of equity became more established and as a consequence lost much of their flexibility. From the 17th century onwards equity was gradually consolidated into a system of precedents much like in the common law.

A principle distinction between equity and common law and equity is that equitable remedies are granted as a matter of discretion by a judge, whereas common law remedies are granted as of right once a cause of action is established. This is where the maxims of equity come in. Maxims of equity are principles which were traditionally applied by courts of equity in deciding cases before them, and which now form a major part of the court’s discretion when considering whether to grant equitable remedies. A principle equitable maxim is that ‘one who seeks equity must do equity’ which is closely related to ‘one who comes to equity must come with clean hands’; both of these basically mean that the court will look to the behaviour of a claimant seeking an equitable remedy, and any wrong-doing by them may cause the court to decline to grant the remedy.

The main equitable remedies are injunctions, specific performance, account of profits, rescission, declaratory relief, rectification, and estoppel. All of these remedies are very much a part of the current law of the UK, as are the equitable maxims. It is up to the person seeking an equitable remedy to request it from the court.

If you looking for:

visit ContactLaw.co.uk.