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Equitable Jurisdiction (Volume 47 (2021))

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Equitable Jurisdiction (Volume 47 (2021))

Consultant Editors

1. Historical Perspective

2. Growth of the former Court of Chancery.

3. Jurisdiction of the former Court of Chancery.

4. Relationship of equity to common law.

5. Systematisation of equity.

1. Equity as a system of law.

2. Jurisdiction and Equitable Remedies

6. Subjects of the exclusive jurisdiction.

8. Grounds of the concurrent jurisdiction.

9. When equity does not interfere.

10. Remedy of specific performance.

11. Development of jurisdiction to compel delivery of chattels.

12. Development of jurisdiction in equity in respect of fraud.

13. Nature of fraud.

14. Equitable remedies.

15. Passing off goods.

16. Constructive fraud.

17. Constructive trust arising out of fraud.

18. Undue influence; in general.

19. Actual undue influence.

20. Presumed undue influence.

21. Transaction not readily explicable.

22. Rebutting the presumption.

23. Independent advice.

24. The complainant and third parties; suretyship transactions.

25. Steps to be taken by the lender in suretyship transactions.

26. Parent and child.

28. Solicitor and client.

29. Abuse of confidence.

30. Unconscionable bargains; taking advantage of weakness or necessity.

32. Unconscionable bargains with expectant heirs and others.

33. Persons of unsound mind or suffering from weakness of mind.

34. Intoxication.

35. Surprise.

36. Unfair dealing with the poor and uneducated.

37. Duress.

38. Injury to third parties.

39. Mistake as a ground for relief.

40. Mistake in language of agreement.

41. Mistake in circumstance inducing agreement.

42. Compromise made under mistake.

43. Mistake in executed transaction.

44. Mistake in a will.

45. Relief in respect of accident.

46. Loss or destruction of instruments.

47. Loss or destruction of title deeds.

48. Limits of equitable relief.

49. Historical development of the remedy of account.

51. Account on the footing of wilful default.

52. Settled accounts.

53. Reopening a settled account.

54. Making objections to an account.

55. Allowances.

56. Apportionment in respect of time.

57. Apportionment in respect of estate.

58. Nature of contribution.

59. Contribution between sureties and between persons and funds.

60. Historical development of administration actions.

61. Former distinction between legal and equitable assets.

63. Development of partnership jurisdiction; in general.

64. Rights of partners between themselves.

65. Rights of creditors.

66. Boundaries.

67. Basis of equitable jurisdiction in partition.

68. Conditions of exercise of the auxiliary jurisdiction.

69. Relief dependent upon legal right.

70. Assumption of jurisdiction.

71. Circumstances in which discovery formerly lay and in which disclosure may now be ordered.

72. The modern procedure for disclosure of documents.

73. Former suits to perpetuate testimony.

74. Former suits de bene esse and for commissions.

76. Nature of injunctions.

77. Former interference by injunction in proceedings.

78. Restraining proceedings at law.

79. Loss of legal remedy through interference of equity.

80. Injunction restraining infringement of rights.

81. Obligation to establish legal right.

82. The modern practice for granting injunctions.

83. Protection against future apprehended loss (quia timet action).

84. Instruments voidable for fraud etc.

85. Instruments void at law.

86. Appointment of receivers.

87. Equitable execution.

88. Legal remedy by interpleader.

89. Equitable remedy by interpleader.

90. Cases of interpleader in equity.

7. Application of equitable doctrines.

91. Former bills of peace.

93. Writ ne exeat regno.

27. Guardian and ward; trustee and beneficiary.

31. Voluntary settlement.

62. The modern law concerning administration of estates.

50. Accounts after the fusion of the administration of the courts of law and equity.

75. The modern practice for taking of depositions.

92. Avoiding or restraining multiplicity of proceedings; the modern practice.

3. Access to Equitable Remedies

94. Union of the courts of law and equity.

95. Equitable jurisdiction of the County Court.

96. Legal and equitable remedies granted in the same proceedings.

97. Claims upon which the court may adjudicate.

99. Distinction between legal and equitable rights.

100. The jurisdiction to award equitable compensation.

101. Award and assessment of equitable compensation.

98. Rules of equity to prevail.

4. Principles of Equitable Jurisdiction

102. The equitable maxims.

103. Equity will not suffer a wrong to be without a remedy.

104. Equity acts in personam.

105. Limits of the jurisdiction.

106. Principle of relief in equity.

107. Equity follows the law.

109. Equality is equity.

110. Equity prefers a tenancy in common.

111. He who seeks equity must do equity.

114. Equity looks on that as done which ought to be done.

115. Application of the maxim.

117. Equity does not allow a statute to be made an instrument or engine of fraud.

118. Application of the maxim.

120. Plea of purchase for value without notice.

121. Present availability of the plea.

122. Plea still avails against a mere equity.

123. He who is first in time has the stronger right.

124. Postponement of equitable claimant.

125. The legal estate gives priority.

126. Want of title in the vendor.

128. Legal estate got in at time of purchase.

129. Legal estate got in after purchase.

130. Legal owner a trustee.

132. Statutory provisions as to notice.

133. Notice to agent.

134. Knowledge of common officer of two companies.

135. Application of the doctrine of constructive notice.

136. Constructive notice in relation to dealings with land.

137. Constructive notice where the title is not investigated.

138. Statutory restrictions on constructive notice.

108. Application of the maxim.

112. Application of the maxim.

113. He who comes into equity must come with clean hands.

116. Equity looks at the intent rather than the form.

119. Equity aids the vigilant, not the indolent.

127. Purchaser with notice.

131. Notice may be actual or constructive.

5. Equity and Property

139. Theoretical conversion of land into money and money into land; the position before 1997.

140. Conversion since the Trusts of Land and Appointment of Trustees Act 1996.

141. Direction in will or settlement must be imperative.

142. Direction to convert need not be express.

144. Effect of conversion.

146. Date of conversion.

147. Conversion of minor's property.

148. Total or partial failure of purpose of conversion.

150. Death after 31 December 1925.

151. Conversion by contract of sale.

152. Conversion on the exercise of an option to purchase conferred by agreement.

153. Conversion under a power or by the court.

154. Conversion by virtue of statute.

155. Conversion in the case of partnership property.

156. Election to reconvert property.

157. Election to reconvert property by several owners or remainderman.

158. No election to reconvert property by persons under disability.

159. Implied election to retain land.

160. Implied election to retain personalty.

162. The doctrine of election as applied to wills.

163. Requirement of claim under will.

164. Election not dependent on testator's knowledge.

165. Election under deeds.

166. Election under exercise of power.

167. Scope and instances of doctrine of election.

168. Intention to dispose of particular property must be clear.

169. Election depends on compensation.

170. No election without fund for compensation.

171. Person taking under a derivative title.

172. Person electing entitled to information.

173. Election where several persons interested.

174. Time for election.

175. Election may be express or implied.

176. Persons under disability.

177. Meaning of 'satisfaction' and 'ademption'.

178. Presumption of satisfaction of portion by legacy or subsequent portion and legacy by portion.

179. Both gifts must be in nature of portions.

180. Satisfaction pro tanto.

181. In case of satisfaction of an obligation, the donee may elect.

182. Person in loco parentis.

183. Strength of the presumption against double portions in different cases.

184. Slight differences do not rebut the presumption.

185. Gifts must be ejusdem generis.

186. Difference in limitations in the two provisions.

187. Difference in beneficiaries.

188. Admission of oral evidence.

189. Satisfaction of a debt by a legacy.

190. Rebuttal of presumption of satisfaction of a debt by a legacy.

191. Debt from parent to child.

192. Performance of covenant to purchase land.

193. When the presumption in favour of performance is rebutted.

194. Performance by intestacy.

196. The doctrine of marshalling.

197. Application of doctrine of marshalling.

198. Marshalling of securities.

199. Marshalling of assets.

200. Marshalling as between beneficiaries.

201. Other cases of marshalling.

202. In equity merger depends on intention.

204. Merger of charges.

205. Presumptions in regard to merger.

206. Where the presumptions as to merger are excluded.

207. Equity keeps conditions alive which have become inoperative at law.

208. Doctrine of subrogation.

209. Subrogation at law in insurance cases.

211. Persons who provide money for necessaries for minors.

212. Ultra vires borrowing.

213. Creditor of executor or trustee.

214. Subrogation as a restitutionary remedy.

215. Purchaser's equitable interest.

216. Date for completion of sale.

217. Assignments permitted in equity.

218. Title under equitable assignment.

219. Chose (or thing) in action assignable subject to equities.

143. Conversion at request.

145. Doctrine of conversion and statutory provisions.

149. Trusts void for remoteness.

161. Election implied from form of limitations.

195. Performance by testamentary provision.

203. Merger of estates.

210. Suretyship.

220. Assignment of after-acquired property.

6. Equitable Relief Against Penalties and Forfeitures

221. Relief against penalties.

222. Non-payment of money.

223. Provision for reducing amount payable.

224. Relief against forfeiture for breach of covenant.

225. Time within which relief will be granted.

226. Conditions must generally be observed strictly.

227. Relief in equity against conditions.

228. Time not of the essence of the contract.

7. Equitable Relief in Cases of Fiduciary Relationship

229. Express trusts.

230. Constructive trusts.

231. Resulting trusts.

232. Persons in a fiduciary position.

233. Breach of confidence.

234. Conflict of duty and interest.

235. Purchase of trust property by trustee.

236. Trustee not allowed to make a profit.

237. Trustee not entitled to remuneration under the equitable rules.

238. Professional trustees; statutory modification of the equitable rules.

239. Trust property may be followed and traced.

240. Identification of fund.

241. Mixture of trust property with the trustee's own property.

242. Mixing of two trust funds, or of trust moneys with moneys of an innocent volunteer.

243. Direct claim in personam in equity to secure due administration of estates.

244. Persons who may exercise the right and call for a refund.

8. Equitable Defences

245. Set-off by statute.

246. Set-off in equity.

250. Release.

251. Waiver.

252. Knowledge of rights essential for release or waiver.

253. Acquiescence and estoppel.

254. The defence of laches.

255. The nature of laches.

256. Acquiescence as an element in laches.

257. Laches in cases of fraud.

258. Change in defendant's position resulting in delay in bringing claim.

259. Staleness of demand as a defence.

260. Application of doctrine of laches.

261. Cases where special promptitude is required.

262. Effect of the Limitation Act 1980.

263. Equity acts on the analogy of statutes of limitation.

264–300. Statutory time limits applied.

247. Retainer of debt out of legacy or share of residue.

248. No set-off against calls in winding up.

249. Set-off and assignee of chose (or thing) in action.