Analyses recent developments in the law relating to the grant of interlocutory injunctions and specific performance. Where two parties have the right to possess an object the first one with the interest will prevail. In other words, the trustee, although the legal proprietor, cannot use the trust property for his own

But this is the approach adopted in New Zealand/some other jurisdictions. All remedies are made available, regardless of origin (Chirnside v Fay (No 2), 2005: though this case was reversed on appeal, the point on substantive fusion still holds) Chandler, Jr., Alfred D. (1977). The Visible Hand: The Managerial Revolution in American Business. Cambridge: Harvard University Press. pp.319–320. ISBN 9780674940529.

The Maxims Of Equity

Furthermore, as mentioned above, some Tudor Chancellors like Wolseley had become increasingly antagonistic and dismissive towards the Common Law.

a b Baker, John (2019). An Introduction to English Legal History (5thed.). Oxford: OUP. p.105. ISBN 978-0-19-881261-6.Three stage test on granting interlocutory injunctions was introduced in the English case (American Cyanamid) this was accepted and followed as law in the Irish case (Campus Oil V The Minister for Energy) : Ellesmere's death in 1617 and his replacement with Francis Bacon sought to foster better relations with the Common Law judges, preventing the open hostility from arising again. Thus even if the King James's ruling of 1616 would come to be seen as illegal, [42] the supremacy of Equity would eventually prevail when the different jurisdictions were amalgamated in the 19th Century into what today is are Senior Courts of England and Wales. [43] [44] Shift to Equity by rule [ edit ] Demonstrate detailed knowledge and understanding of the historical development of Equity and Trusts in a social, political, and economic