8 - Joinder of Assignor in Common Law Proceedings

Summary

This chapter explains how the courts of common law, by way of contrast to the courts of equity, were only in a position to recognise equitable doctrines such as equitable assignment. However,they were unable to give effect to such doctrines: they could not (and still may not) grant common law remedies to enforce such equitable entitlements. This resulted in a potential problem of proceedings being brought at common law, as well as in equity. Consequently, to forestall such problems, joinder of the assignor of a common law chose even when proceedings were brought in equity became the norm.