HomeEXPLOREHistoryTHE HISTORY OF THE ORDER OF PROHIBITION

THE HISTORY OF THE ORDER OF PROHIBITION

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HISTORY OF THE ORDER OF PROHIBITION
In the 13th century, 1272 to be precise when king Edward 1 was king of England, the writs of prohibition were born. They were the main means by which the common law courts restricted other courts from overstepping their jurisdictional boundaries. The writs originally functioned like administrative orders, though over time they acquired the power of legal commands. Writs could be issued against another court or an individual defendant somewhat similar to the way injunction works today.
However down memory lane while visiting prohibition it is worthy of note that the writs of prohibition were primarily used against the ecclesiastical courts . However they were also used against he equity courts, admiralty and local courts. However the court of chancery was rarely and hardly prohibited.
Not obeying a writ of prohibition would result in imprisonment, fine or possible damage in favour of the opposing party. The rise of the use of the writs of prohibition accompanied the consolidation of power in the English monarchy and the growth of the court system in the 12th and 13th centuries.
The writs helped prevent plaintiffs from being able to forum shop . Any plaintiff who could gain adequate relief in a common law court was prohibited from bringing his case in a different court, even if he preferred the procedure, allowable defences or possible remedies for a different court.

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