Chancellor may relieve common law oppression
The claim was made under a lease. judgement have been entered in default at common law in favour of the plaintiff. the defendant began a suit in the Chancery Court. a common-law injunction was then issued against the original plaintiff, and he was served with a subpoena to appear in Chancery.
Held: The defendant was entitled to relief in Chancery.
Lord Ellesmere LC said: ‘The Cause why there is a Chancery is, for that Mens Actions are so divers and infinite, That it is impossible to make any general Law which may aptly meet with every particular Act, and not fail in some Circumstances.’ and
‘The office of the Chancellor is to correct man’s consciences for frauds, breach of trust, wrongs and oppressions of whatsoever nature and to soften and mollify the extremity of the law . . when judgement is obtained by oppression, wrong and hard conscience, the Chancellor will frustrate and set it aside, not for any error or defect in the judgment but for the hard conscience of the party.’
Lord Ellesmere LC
[1615] EngR 2, (1615) 1 Rep Ch 1, (1615) 21 ER 485
Commonlii
England and Wales
Cited by:
Cited – Shearer and Others v Spring Capital Ltd and Others ChD 4-Nov-2013
The court considered various applications for interim orders and directions in the cause. . .
Lists of cited by and citing cases may be incomplete.
Equity, Trusts
Leading Case
Updated: 09 November 2021; Ref: scu.424216