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09 August 2007 / Shantanu Majumdar KC
Issue: 7285 / Categories: Features
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The burden of history

Shantanu Majumdar considers the uneasy relationship between common law and equity

The Supreme Court of Judicature Acts 1873–91 produced a fusion of the administration of the courts, but whether and to what extent they have produced a fusion of the substantive law—of common law with equity—remains a difficult and surprisingly controversial question.

One of the oddities of the statutory limitation regime is that it does not expressly or directly apply to equitable claims but that is not to say that it is silent on the matter. The Limitation Act 1980 (LA 1980), s 36 is concerned with equitable jurisdiction and remedies and takes with one hand but gives back with the other in stipulating that the time limit under numerous sections of LA 1980 “shall not apply to any claim for specific performance of a contract or for an injunction or for other equitable relief” except, tantalisingly:

“In so far as any such time limit may be applied by the court by analogy in like manner as the corresponding time limit under any

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The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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