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HandWiki. Form of Action. Encyclopedia. Available online: https://encyclopedia.pub/entry/32928 (accessed on 12 September 2026).
HandWiki. Form of Action. Encyclopedia. Available at: https://encyclopedia.pub/entry/32928. Accessed September 12, 2026.
HandWiki. "Form of Action" Encyclopedia, https://encyclopedia.pub/entry/32928 (accessed September 12, 2026).
HandWiki. (2022, November 04). Form of Action. In Encyclopedia. https://encyclopedia.pub/entry/32928
HandWiki. "Form of Action." Encyclopedia. Web. 04 November, 2022.
Form of Action
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The forms of action were the different procedures by which a legal claim could be made during much of the history of the English common law. Depending on the court, a plaintiff would purchase a writ in Chancery (or file a bill) which would set in motion a series of events eventually leading to a trial in one of the medieval common law courts. Each writ entailed a different set of procedures and remedies which together amounted to the "form of action". The forms of action were abolished during the 19th century, but they have left an indelible mark on the law. In the early Middle Ages, the focus was on the procedure that was employed to bring one's claim to the royal courts of King's Bench or Common Pleas: it was the form of one's action, not its substance, which occupied legal discussion. This restrictive approach is one of the reasons which attracted litigants to petition the King directly, which eventually led to the development of a separate court known as the Court of Chancery, from which the body of law known as equity derives. Modern English law, as in most other legal systems, now looks to substance rather than to form: a claimant need only demonstrate that he or she has a valid cause of action.

common law equity procedure

References

  1. See generally Sir John Baker, An Introduction to English Legal History (4th ed); S. F. C. Milsom, Historical Foundations of the Common Law (2nd ed).
  2. See Sir John Baker, An Introduction to English Legal History (4th ed)
  3. See generally, Sir John Baker, An Introduction to Legal History (4th ed); David Ibbetson, Historical Introduction to the Law of Obligations (2nd ed).
  4. See Sir John Baker, An Introduction to English Legal History (4th ed)
  5. See generally, Robert Goff and Gareth Jones, The Law of Restitution (1st ed, 1966); Peter Birks, An Introduction to the Law of Restitution (1985); Virgo, Principles of the Law of Restitution (3rd ed, 2011); Andrew Burrows, Law of Restitution (3rd ed, 2011).
  6. "Supreme Court Act 1935 (South Australia)". Austlii. http://www.austlii.edu.au/au/legis/sa/consol_act/sca1935183/. Retrieved 22 May 2016. 
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