equity has a role in modern legal systemWatch
Equity was an important source in the past and it still plays a role today due to many of our legal concept which developed from the equitable principle. Equity means fairness and our law still try to keep on operating on this basis, equity can still create new concept in the law as we can see during the twentieth century the deserted wife’s equity which was the idea that when a husband abandons his wife and children, the wife will have an equitable interest in the matrimonial home even if it was own by the husband alone and this concept was added in the Matrimonial Home Act 1967.
The Judicature Act state that in 1873-75 state that equity and common law could both be administered by all court and that there will no longer be different procedure for seeking equitable and common law remedies, so there is still a body of rule in equity which is distant from common law rules and act as an addition to it . Where there is conflict equity still prevail.
A prove that equity still plays a role in modern low is that equitable maxims are still applied in present law case and the twentieth-century expansion was the Mareva injunction presently know as freezing order and the Anton Piller injunction know as the search injunction.
From all of this, it is seen that equity still play a role in the modern legal system and it can still create new concept and remedies to fit the justice of the particular case.