Case Law and Common Law Overview

Case Law

• Case law is a source of law, broken down into common law, equity, and custom
• Common law and equity have a historical development, beginning with local customs and evolving into a unified system
• Custom is also a source of law, requiring specific conditions to be met for enforcement
• The court system in the UK is hierarchical, with different courts hearing various types of cases
• The European Court of Human Rights and the Human Rights Act 1998 impact case law

Common Law and Equity

• Common law and equity emerged as separate systems of law
• Common law, initially based on local customs, became standardized through judicial decisions
• Equity, developed to mitigate harsh outcomes of common law, focused on fairness and justice
• The fusion of common law and equity occurred through the Supreme Court of Judicature Acts 1873 and 1875
• Equitable maxims provide principles to guide equitable judgments

Emergence of Common Law

• Before 1066, no single system of law existed across the country, with varying local customs
• The Norman Conquest established a centralized system
• Royal courts at Westminster handled increasingly complex cases concerning customs and disputes
• Judges began to develop common law rules through consistent application of local customs and previously decided cases
• Early common law courts included Common Pleas, Exchequer, and King's Bench

Problems with Common Law

• The common law's formal procedures and limited remedies led to delays and inefficiencies
• Access to common law courts depended on the availability of appropriate legal writs
• A need for a more flexible system eventually led to the development of equity
• Cases in which equity provided an advantage over common law emerged from conflicts between the two systems

The Emergence of Equity

• Equity emerged as a separate branch of law to address the shortcomings of common law, particularly in relation to mortgages and trusts
• The common law court systems were rigid and expensive
• The King would directly hear complaints regarding unfair rules of common law
• The Lord Chancellor handled these requests and established the Court of Chancery
• Court of Chancery cases were resolved based on fairness and natural justice

Conflict Between Common Law and Equity

• Conflicts arose where common law and equitable principles dictated different outcomes in the same case
• Cases like Courtney v Glanvil were used to establish when the Chancellery could intervene in common law issues
• The Earl of Oxford's Case, determined that equity prevailed over common law when there was a conflict between the two systems

Reform

• The Common Law Procedure Acts (1852, 1854, and 1860) and the Chancery Amendment Act (1858) facilitated the implementation of equitable remedies in common law courts.
• The Supreme Court of Judicature Acts (1873 and 1875) unified common law and equity into a single court system.
• Modern court structures reflect this fusion, with a unified court resolving disputes

Custom

• Custom, as a source of law, requires meeting stringent conditions, including its existence since time immemorial
• Custom is rarely successfully enforced in modern legal disputes because meeting these criteria is challenging
• This makes it a highly limited source of law in practice

The Courts

• Courts have a hierarchical structure with differing jurisdictions
• Different types of courts include trial courts and appellate courts
• Courts handle criminal and civil cases with distinctions in their functions
• Appellate courts review the decisions of lower courts based on legal principles
• Courts' procedures and jurisdiction are subject to legislation and precedent

The Supreme Court of the United Kingdom

• Replaced the House of Lords' appellate jurisdiction.
• UK's final court of appeal for civil and criminal cases from England, Wales, and Northern Ireland

Court of Appeal

• This is a single court with civil and criminal divisions
• Appeals from various lower courts are brought here
• Operates without witness testimony relying on legal argument and documentation

High Court

• High Court is divided into three divisions (King's Bench, Chancery, and Family)
• Handles a wide range of cases including criminal appeals, various types of civil disputes, and more

County Court

• Deals with less complex civil cases, including debt recovery and personal injury
• Has specific tracks for different types of cases, depending on the value of the claim
• Cases may proceed through small claims, fast track, or multi-track

Tribunals

• Alternative dispute resolution mechanisms to expedite less complex cases
• Tribunals' jurisdiction is based on specific areas of law, including social entitlement, immigration, and tax
• Operate according to principles of fairness, openness, and impartiality, but remain less formal than traditional court proceedings.
• Changes over time from the introduction of tribunals to a more sophisticated structure

European Court of Human Rights

• Deals with human rights issues
• Based in Strasbourg
• Cases heard in this court frequently involve the impact of the Human Rights Act 1998 on domestic law decisions
• Abolished together with the European Court of Justice in 2009

Explore the foundations of case law, including its sources like common law, equity, and custom. Understand the historical development and hierarchical court system in the UK, along with the impact of the European Court of Human Rights. Delve into the fusion of common law and equity and the principles guiding equitable judgments.