Customs, Common Law and Equity

A comprehensive vocabulary review of the sources of English law, customary law requirements, common law principles, and equitable rights and remedies.

Primary Legislation

Acts of the UK Parliament that are enacted after passing both Houses of Parliament with majority support and receiving Royal Assent.

Delegated Legislation

Secondary legislation made by bodies other than Parliament, such as government ministers or local authorities, using powers granted by Parliament.

Judge-Made Law

Law developed by judges when deciding cases and providing reasons for their decisions, encompassing both Common Law and Equity.

Assimilated Law

Formerly known as Retained EU Law; EU laws as of IP Completion Day (31 December 2024) that were not repealed and remain in force in the UK under the European Union (Withdrawal) Act 2018, as amended by the Retained EU Law (Revocation and Reform) Act 2023.

European Convention on Human Rights (ECHR)

An international treaty protecting human rights and fundamental freedoms that became an enforceable source of English law upon incorporation via the Human Rights Act 1998.

Section 6 of the Human Rights Act 1998

The statutory provision that makes it unlawful for public authorities in the UK to act incompatibly with the European Convention on Human Rights.

Customary Law

Unwritten rules and practices that evolved organically within specific communities over time and came to be recognised as legally binding.

Egerton v Harding

The landmark case establishing the four requisite conditions for a local custom to be recognised and enforced by the courts: immemorial usage, continuous usage, peaceable enjoyment, and reasonableness.

Immemorial Usage (Time Immemorial)

The condition requiring that a local custom has existed since 'time immemorial', meaning its origin cannot be traced back to a specific point in time.

Continuous Usage

The condition requiring that a custom has been observed without interruption, without being abandoned or broken at any point.

Peaceable Enjoyment

The condition requiring that a custom has been exercised peaceably, openly, and as of right, without significant opposition or dispute.

Reasonableness (Custom)

The requirement that a custom must be definite in locality, nature, and scope, and must not be contrary to public policy or other established laws.

Common Law

A body of unwritten law developed after the Norman Conquest of 1066 by royal courts (the King's Bench and Court of Common Pleas) that applies across the kingdom and relies on recorded judicial precedents.

Stare Decisis

A foundational common law principle meaning 'to stand by what has been decided', forming the basis of judicial precedent.

Court of Chancery

A court established through the Lord Chancellor (becoming independent in 1474) to handle petitions to the King based on conscience and moral rightness, mitigating the defects and rigidity of the common law.

Earl of Oxford's Case (1615)

A landmark case establishing the foundational constitutional principle that whenever there is a conflict between common law and equity, equity prevails.

Judicature Acts 1873–75

Legislation that fused the administration of the common law courts and the courts of equity into a unified High Court of Justice and Court of Appeal.

Section 49 of the Senior Courts Act 1981

The modern statutory provision re-enacting the rule that where there is a conflict between common law and equity, equity prevails.

Tort

A common law right concerning civil wrongs, including actions for negligence, nuisance, and defamation.

Restitution

A category of common law rights aimed at recovering unjust enrichment.

Trust

An equitable right under which a beneficiary (the equitable owner) is entitled to have property applied for their benefit by the trustee (the legal owner).

Equity of Redemption

An equitable right allowing a mortgagor (borrower) to recover their mortgaged property (security) from the mortgagee (lender) once the underlying debt has been repaid.

Promissory Estoppel

An equitable defence to a breach of contract claim where a claimant promised to accept a lower sum and cannot renege, even though the promise lacked consideration.

Damages

A court order compelling a defendant to pay a sum of money to the claimant; the sole remedy traditionally available under common law, granted as of right.

Equitable Remedies

Discretionary remedies granted by the court only when it is just and equitable to do so, rather than being available as of right.

Specific Performance

An equitable remedy consisting of a court order compelling a defendant to perform their contractual obligations.

Injunction

An equitable order compelling a person to perform an act (mandatory injunction) or prohibiting them from doing something (prohibitory injunction).

Rescission

An equitable remedy that restores the parties to the legal position they would have been in had the contract never been made ab initio (from the beginning).

Rectification

An equitable order to correct a mistake in a document so that it accurately reflects the true intentions agreed upon by the parties.

Mareva Injunction (Freezing Order)

An equitable court order compelling a third party holding control over a defendant's assets to freeze them, preventing their removal from the jurisdiction.

Anton Piller Order (Search Order)

An equitable court order compelling a defendant to allow a claimant to enter their premises to search for and remove evidence where there is a serious risk of destruction prior to trial.