chapter  6
Interpretation and some statutory hurdles. Or: how to invite trouble?
Pages 15

The law is much easier to understand once one dismisses any notion that somehow we live and breathe solely by dint of statute. Our common law is judge-made law, tempered by equity. As to the latter, hundreds of years ago it was the king’s Lord Chancellor who developed his own court to provide a remedy for wrongs which the common law was too narrow to address, resulting in injustice. The resulting principles are known as ‘equity’, allowing the courts of today the discretion to override the common law where strict application would result in an injustice. Today we see the successors to the courts of common law and equity, now blurred and distorted, in the Queen’s Bench and Chancery divisions of the High Court. No longer, however, does one court administer a single set of doctrines or principles.