S/L/111. "The two streams of jurisdiction, though they run in the same channel, run side by side and do not mingle their waters". Is Ashburner's metaphor still true of the modern law of equity?
(2005, 3400 words)
This paper examines the development of the modern law of equity, considering the historical background, its relationship with the common law, and the extent to which the two jurisdictions of equity and common law have fused. It covers - much academic comment on the issue, case law developments, the Judicature Acts, and an analysis and evaluation of Ashburner's view that the two jurisdictions run side by side but are still distinct areas of law.
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