The English legal system
Common law vs equity
Common law is the body of law developed by the old courts of law, giving remedies as of right (chiefly damages); equity is the body of principles developed by the Court of Chancery to soften the rigidity of the common law, giving discretionary remedies such as injunctions and specific performance.
Last reviewed 14 June 2026
| Aspect | Common law | Equity |
|---|---|---|
| Origin | The courts of common law | The Court of Chancery |
| Remedies | Damages — available as of right | Discretionary — injunction, specific performance, rescission, rectification |
| Character | Rigid and rule-based | Flexible and conscience-based (“equity follows the law”) |
| When they conflict | — | Equity prevails (Earl of Oxford's Case; s 49 Senior Courts Act 1981) |
Key cases
- Earl of Oxford's Case (1615) 21 ER 485
- Patel v Ali [1984] Ch 283
Frequently asked questions
What is the difference between common law and equity?
Common law gives remedies as of right (mainly damages); equity gives discretionary remedies, such as injunctions, to prevent unconscionable outcomes.
What happens when common law and equity conflict?
Equity prevails — established in the Earl of Oxford's Case (1615) and now confirmed by s 49 of the Senior Courts Act 1981.