TSEM6003 - Legal background to trusts & estates: the background to English law
Much of English law evolved naturally over the years, rather
than being made. We call it common law. In turn, common law has
been modified by equity. Equity was originally a body of rules and
principles that the Lord Chancellor applied in his own courts. As
equity evolved, it modified the impact of common law, to achieve
natural justice. In recent times English law is increasingly
contained in Acts of Parliament. This is known as statute law.
Legislation can alter both common law and equity.
The Courts now administer all three forms of the law.
Originally the Courts of Common Law and the Courts of Equity were
quite distinct. This division is evident in the present
Queen’s Bench and Chancery Divisions of the High Court.
In strictness, a ‘legal action’ is an action
based on statute law or common law. It is not one governed by
equity. (There are similar narrow meanings for ‘legal
estate’ and ‘legal interest’). Often the words
are used to describe any action on which a court of justice would
adjudicate. Although this loose use of the words is understandable,
it can cause confusion.
