Sources of law and the legislative process — SQE1 Legal system question
A worked single-best-answer question on sources of law and the legislative process, with why each wrong option is wrong — the way SQE1 traps candidates.
In a High Court claim, counsel for Ormsby Ltd argues that, under a common law rule, his client is entitled to enforce a strict legal right against Delia. Counsel for Delia accepts that the common law rule is as stated but argues that a well-established equitable doctrine prevents Ormsby from insisting on that right in the circumstances. The judge is satisfied that both the common law rule and the equitable doctrine apply to the facts and that they lead to opposite results.
Which rule should the judge apply?
- AThe common law rule, because equity is a gloss on the common law and cannot override it.
- BWhichever rule was first established in the case law, because the earlier authority binds later courts.
- CThe common law rule, because equitable doctrines can only be applied in the Chancery Division.
- DNeither rule, because the conflict must be referred to the Court of Appeal for resolution.
- EThe equitable doctrine, because where there is a conflict between the rules of equity and the common law, equity prevails.
Show answer and reasoning
Rule: Where the rules of equity and the common law conflict on the same matter, the rules of equity prevail.
- A Equity does supplement the common law, but statute provides that it prevails in cases of conflict. (wrong rule)
- B Priority between law and equity is governed by statute, not by the age of the authority. (wrong rule)
- C Every division of the High Court applies both law and equity. (wrong rule)
- D A first-instance judge resolves the conflict by applying the statutory rule; there is no reference procedure of this kind. (wrong rule)
Source: Senior Courts Act 1981, s 49(1); Earl of Oxford's Case (1615) 1 Rep Ch 1
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