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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time limit may be applied by the court by analogy in like manner as the corresponding time limit under any enactment repealed by the Limitation Act 1939 was applied before

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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