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Equity & Trusts
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| Submitted: Thu Jul 11 2002
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Equity & Trusts Assignment The success of the early Chancery Courts and the continued vigour of equity in the centuries that followed, marked a triumph not just for the desire to bring a coherent, rational and flexible jurisprudence to the narrow semantic and procedural concerns of the early writ based Common Law, but also for the Judicial appetite for discretion. Discuss. HISTORICAL INTRODUCTION Before 1066 all laws were local and enforced in the manorial, shire and hundred courts. Under the Normans, Royal Courts began to emerge from the King's Council (Curia Regis). These did not take over the jurisdiction of the local courts immediately, but over a long period of time the local courts lost jurisdiction over cases and thus lost income. A practice was started of sending judges around the country to hold assizes (or sittings) to hear cases locally. This enabled the judges, over a period of roughly 200 years, to take the...
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