Declaratory Relief in UK Law
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Bank of Scotland v A Ltd and Others (Serious Fraud Office, interested party)
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In his first Hamlyn lecture given in 1949, "Freedom Under the Law", Sir Alfred Denning, as he then was, identified the challenge facing the court as being to develop "new and up-to-date machinery" (p. 116). The first element of the machinery identified in the lecture was the remedy of declaratory relief. The development of declaratory relief has not however been confined to judicial review. It was at one time thought, that an interim declaration could have no practical purpose.
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Gouriet v Union of Post Office Workers
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Milebush Properties Ltd v Tameside Metropolitan Borough Council
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The most important consideration is likely to be whether the parties have a legitimate interest in obtaining the relief sought, whether to grant relief by way of declaration would serve any practical purpose and whether to do so would prejudice the interests of parties who are not before the court.
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Rolls Royce Plc v Unite the Union
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For the purposes of the present case, I think that the principles in the cases can be summarised as follows: (1) the power of the court to grant declaratory relief is discretionary. (2) There must, in general, be a real and present dispute between the parties before the court as to the existence or extent of a legal right between them. However, the claimant does not need to have a present cause of action against the defendant.
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Arrow Generics Ltd v Merck & Company Inc.
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I find it hard to conceive of any circumstances in which it would be appropriate for this court to grant a declaration that no valid patent could be granted on a divisional application which is being prosecuted before the EPO. Merck could withdraw the “GB” designations of the divisional applications or acknowledge that it can have no claim under them in this country in respect of a product having the specified characteristics of Arrow's product.
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Wallersteiner v Moir
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If declarations ought not to be made on admissions or by consent, a fortiori they should not be made in default of defence, and a fortissimo, if I may be allowed the expression, not where the declaration is that the defendant in default of defence has acted fraudulently.
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Messier Dowty Ltd v Sabena SA
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The deployment of negative declarations should be scrutinised and their use rejected where it would serve no useful purpose. However where a negative declaration would help to ensure that the aims of justice are achieved the courts should not be reluctant to grant such declarations. So in my judgment the development of the use of declaratory relief in relation to commercial disputes should not be constrained by artificial limits wrongly related to jurisdiction.
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Matrimonial Causes Act 1973
... ... 13: Bars to relief where marriage is voidable ... of the exercise by the High Court of its jurisdiction to grant declaratory relief in proceedings in which the only substantive relief sought is a ... ...
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The Digital Markets, Competition and Consumers Act 2024 (Commencement No. 1 and Savings and Transitional Provisions) Regulations 2024
... ... (9) Schedule 3 (power of Competition Appeal Tribunal to grant declaratory relief) ... (10) Schedule 4 (relevant and special merger situations) ... ...
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Chancery (Ireland) Act 1867
... ... Statement or Allegation, and shall pray specifically for the Relief which the Plaintiff may conceive himself entitled to, and also for general ... Court shall be open to Objection on the Ground that a merely declaratory Decree or Order is sought thereby, and it shall be lawful for the Court to ... ...
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Arbitration Act 1996
... ... Where in legal proceedings relief by way of interpleader is granted and any issue between the claimants is ... by the tribunal include an amount payable in consequence of a declaratory award by the tribunal ... ...
- Mental incapacity and declaratory relief
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The ‘Fatal Conundrum’ of ‘No-Consideration’ Clauses after Plaintiff M61
... ... Moreover, declaratory relief was appropriate even though the constitutional writs were ... ...
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Seymour–Smith: Problems in Procedures and Proof
... ... , relating to the appellants’ standing and the appropriate form of relief; and the substantive, concerning indirect discrimination, including, if ... judicial review, it seems clear that applicants for declaratory relief 7 whose rights, actual or potential, were affected by the decision ... ...
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Editorial
... ... analyses six legal cases wheremental incapacity and declaratory relief wereconsidered as issues. In the next issue Alisonwill outline the ... ...
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Court Refuses to Grant Declaratory Relief in an Arbitration
A recent Commercial Court case emphasises the limitations on court intervention in arbitration, and demonstrates that parties must think carefully about when and how to raise jurisdictional issues....
- An Arrow Through Declaratory Relief?
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Corporate Trust: English Court Adopts “Conservative Mindset” Against Exercising Discretion to Grant Declaratory Relief to Note Trustee in Part 8 Proceedings
While English courts have wide powers to give guidance to trustees, they’re generally reluctant to exercise their discretionary jurisdiction to make a declaration unless there’s a real dilemma requ...
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Corporate trustees – considerations in seeking declaratory relief
Despite valid service on the issuer, the English court refused to grant declarations sought by a corporate trustee as to amounts outstanding under unsecured notes issued by a now-insolvent issuer. ...