Author Spotlight - Equity: Balancing certainty and flexibility to secure justice
Posted by Huddersfield Press on 2022-05-19
One of the students whose work was published in our 8th edition of FIELDS was Jacob Griffin
from the Business School.
We asked Jacob to tell us a bit more about the research below and you can read the full article here:
“This article looks closely at equity, particularly within the legal jurisdiction of England and Wales.
Whereas the common law operates somewhat rigidly on the precedence of judicial rulings, equity serves to provide discretion where unfairness might otherwise arise. Historically, equity worked laterally to the common law. This system appeared to be a dualist one, whereby the certainty and harshness of the common law required mitigating by the flexibility and fairness of equity.
Broadly, this article considers the symbiotic relationship between equity and the common law, in addition to the seemingly juxtaposed need for certainty and flexibility in equity's operation. Because equity is consistent in its adherence to safeguards that are rigidly applied to every case, whilst also being flexible in adding to them as inequities arise, it can be seen as an effective mechanism for achieving justice, both with and without the co-operation of the common law.”
Back to News List