Form of Action - England

England

One of the reasons for the crystallization of particular forms of action in English common law is the fact that actions, in the royal courts at least, were normally begun by the use of a writ. While at an early stage the clerks of the Chancery were permitted to devise new writs to deal with new situations, this freedom was drastically curtailed by the Provisions of Oxford.

Different forms of action would result in different procedures, so that one's chance of success could depend critically on the form of action which was used. The forms were also mandatory: if the wrong form were used, a case could fail.

For example, if a potential litigant wished to assert his rights over a plot of land, he could use a writ of right. This would assert his absolute right to the land in question – in itself a very desirable outcome – but the use of a writ of right could well result in a trial by battle, which might be undesirable. A much quicker and less dangerous method might be to use an assize of novel disseisin, or later to assert his right to the land indirectly through an action of ejectment.