With the advent and subsequent stifling of the writ system, defects in the common law, the principle that like cases should be treated in like manner, became more apparent.
For starters judges and juries adhered too strictly to precedent and decided in line with past cases, without taking into account other facts and factors regardless of how compelling they were.
Furthermore, the process of jury vetting at the time did not exist or was not as comprehensive as it is today, and members of the jury were at times prone to be corrupt and were not averse to intimidating the parties at a trial.
In terms of remedies the only remedy that was available was damages and remedies like specific performance and injunctions (equitable remedies) were not available.
In addition to that the process was overly lengthy with too much attention being paid to what was written and what was not, and the common law courts did not recognize trusts.
Copyright © 2018 by Dyarne Jessica Ward