Declaratory Relief in UK Law

  • Gouriet v Union of Post Office Workers
    • House of Lords
    • 26 July 1977
    ... ... , varied or altered, or that the Petitioners might have such other relief in the premises as to Her Majesty the Queen in Her Court of Parliament, ... the court, having dismissed the appeal, ought to have granted declaratory relief, whether, indeed, it would have done so if it had not had all the ... ...
  • O'Reilly v Mackman
    • House of Lords
    • 25 November 1982
    ... ... "jurisdiction" of the High Court to grant to each of the appellants relief by way of a declaration in the terms sought, if they succeeded in ... 6 In their respective actions, the appellants claim only declaratory relief. It is conceded on their behalf that, for reasons into which the ... ...
  • Rolls Royce Plc v Unite the Union
    • Court of Appeal (Civil Division)
    • 14 May 2009
    ... ... The relief which the company sought was in the following terms:- A ... 14 With regard to declaratory relief, Mr. Bowers submitted that the general circumstances in which it ... ...
  • Airedale NHS Trust v Bland
    • House of Lords
    • 04 February 1993
    ... ... This was that proceedings for declaratory relief of the kind considered by this House in In re F (Mental Patient: ... ...
  • Wallersteiner v Moir
    • Court of Appeal (Civil Division)
    • 21 May 1974
    ... ... Rothschild Trust promised to procure the payment of these sums in relief of Camp Bird. By procuring the payment of this inter-company indebtedness, ... is probably in the Chancery Division that more use is made of declaratory relief than elsewhere. It has always been my experience and I believe it ... ...
  • Messier Dowty Ltd v Sabena SA
    • Court of Appeal (Civil Division)
    • 21 February 2000
    ... ... The court has an inherent jurisdiction to grant declaratory relief which, as Sir Thomas Bingham pointed out in Re: S [1995] 3 All ... ...
  • Oxfordshire County Council v Oxford City Council
    • House of Lords
    • 24 May 2006
    ... ... The problem arises out of the nature of some of the relief sought. The background to the commencement of the proceedings can be ... resolved, but I do wonder whether all the 10 paragraphs of declaratory relief sought in this case can be brought within the legitimate boundaries ... ...
  • Jaggard v Sawyer
    • Court of Appeal (Civil Division)
    • 18 July 1994
    ... ... 18 (5) No application for interlocutory relief was made to the court by the plaintiff or anyone else. The plaintiff says ... to resolve any doubt about the legal position by seeking declaratory relief and the plaintiff should not be penalised for having failed to seek ... ...
  • Fisher v Brooker
    • House of Lords
    • 30 July 2009
    ... ... , if the requirements for proprietary estoppel are made out, for any relief granted by the court to be proportionate to the degree of detriment ... nevertheless to produce a similar result by refusing to grant declaratory relief ... 13 In an important passage which I read as ... ...
  • Pyx Grainite Company Ltd v Ministry of Housing and Local Government
    • House of Lords
    • 06 July 1959
    ... ... , varied or altered, or that the Petitioners might have such other relief in the premises as to Her Majesty the Queen, in Her Court of Parliament, ... or the quasi-judicial powers of the Minister are concerned, declaratory judgments should not readily be given by the Court. But here, if ever, was ... ...
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