ABSTRACT

In its English legal practice, equity has evolved a wide range of writs from its genesis as a means of petitioning the King as early as the 12th century, 19 via the broad principles enunciated in Snell’s Equity , 20 into an ever more concrete set of rules. 21 For example, the acquisition of an interlocutory injunction has continued to be an ever more institutional remedy with the continued development of the American Cyanamid 22 principles, whereas otherwise one might have expected this to be an area which would have demonstrated a strong judicial discretion. 23 The creation of the express trust has continued to be an increasingly formalised procedure reliant on compliance with statutes on perpetuities, certainties principles and other rules of formalities. 24 The suspicion of the use of equity in commercial contexts has added to this policy of applying equitable remedies and trusts only in situations in which those more concrete rules are satis¿ ed.