Declaratory Relief in UK Law

Leading Cases
  • Gouriet v Union of Post Office Workers
    • House of Lords
    • 26 Jul 1977

    Since, as I understand, others of your Lordships intend to deal fully with this argument and with the authorities, I shall content myself with saying that, in my opinion, there is no support in authority for the proposition that declaratory relief can be granted unless the plaintiff, in proper proceedings, in which there is a dispute between the plaintiff and the defendant concerning their legal respective rights or liabilities either asserts a legal right which is denied or threatened, or that claims immunity from some claim of the defendant against him or claims that the defendant is infringing or threatens to infringe some public right so as to inflict special damage on the plaintiff.

    The power to grant a declaration is discretionary; it is a useful power and over the course of the last hundred years it has become more and more extensively used�often as an alternative to the procedure by way of certiorari in cases where it is claimed that a decision of an administrative authority which purports to affect rights available to the plaintiff in private law is ultra vires and void.

    But the jurisdiction of the court is not to declare the law generally or to give advisory opinions; it is confined to declaring contested legal rights, subsisting or future, of the parties represented in the litigation before it and not those of anyone else.

  • Rolls Royce Plc v Unite the Union
    • Court of Appeal (Civil Division)
    • 14 May 2009

    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. (3) Each party must, in general, be affected by the court's determination of the issues concerning the legal right in question.

  • Milebush Properties Ltd v Tameside Metropolitan Borough Council
    • Court of Appeal (Civil Division)
    • 17 Mar 2011

    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.

  • Wallersteiner v Moir
    • Court of Appeal (Civil Division)
    • 21 May 1974

    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.

  • JSC BTA Bank v A
    • Court of Appeal (Civil Division)
    • 19 Oct 2010

    Declaratory relief is discretionary and if the applicant is unwilling to do this the judge should simply decline to make the order and leave it to the claimant to decide in due course whether it wishes to pursue committal proceedings of its own.

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Legislation
  • Matrimonial Causes Act 1973
    • UK Non-devolved
    • 1 de Enero de 1973
    ...... . S-13 . Bars to relief where marriage is voidable. 13 Bars to relief where marriage is voidable. ...jurisdiction to grant declaratory relief in any proceedings not-withstanding. that a declaration is the only ......
  • Patents Act 1977
    • UK Non-devolved
    • 1 de Enero de 1977
    ......any declaratory jurisdiction of the court in Scotland, the court. shall have jurisdiction ...(3) below, apply to the comptroller for relief under subsection (4). below in respect of the patent. . (2) Where, on a ......
  • Civil Procedure Rules 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ...... Rule 3.8 . Sanctions have effect unless defaulting party obtains relief . Rule 3.9 . Relief from sanctions . Rule 3.10 . General power of the .... Declaratory judgment .      Rule 16 No claim or other proceeding shall. be open ......
  • Family Law Act 1986 (Commencement No.1) Order 1988
    • UK Non-devolved
    • 1 de Enero de 1988
    ...... framework based on consistent principles to determine declaratory relief in matters of marital status, legitimacy, legitimation and ......
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Books & Journal Articles
  • Mental incapacity and declaratory relief
    • Núm. 6-1, Abril 2004
    • The Journal of Adult Protection
    • 35-38
  • Seymour–Smith: Problems in Procedures and Proof
    • Núm. 60-1, Enero 1997
    • The Modern Law Review
    ......, 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 ......
  • Editorial
    • Núm. 6-1, Abril 2004
    • The Journal of Adult Protection
    • 2-3
    ...... Brammer analyses six legal cases where mental incapacity and declaratory relief were considered as issues. In the next issue Alison will outline ......
  • Notes Of Cases
    • Núm. 44-6, Noviembre 1981
    • The Modern Law Review
    ...... the first reported decision in which an action for declaratory relief has been struck out as an abuse of process on the ......
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Law Firm Commentaries
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