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