Tuesday, August 8, 2023

Petryshyn on the Fusion of Law and Equity

Alessandro Petryshyn, Lancaster University Law School, has posted Fusion of the Common Law and Equity: A Strictly Procedural Reform or a Substantive Breakthrough?

This paper analyses whether the outcome of the Judicature Acts has merged the common law and equity solely in procedure or whether their fusion was intended to (and eventually did) become substantive and altered the rights of the parties. Considering not only British, but also broader Commonwealth examples, the discussion is far from being conclusive.
--Dan Ernst