Declaratory Relief in UK Law
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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. ...
- Ground-Breaking Declaratory Relief From English High Court Clears The Route To Market For Humira Biosimilar
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Adjudication Review, Spring 2018
Our latest adjudication review considers recent cases dealing with the adjudication timetable and extensions of time, the problems that arise when adjudicating parties are relying on an oral contra...... ... when adjudicating parties are relying on an oral contract and declaratory relief applications ... To discuss any of the issues that arise in ... ...
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"Serious Irregularity" in Bank Merger Matter Triggers English Commercial Court's Award Set-Aside
The Situation: A bank owner and an investor entered into an agreement in which the investor would provide the funds necessary for a merger of two banking entities in return for a minority interest ...... ... Arbitration followed, resulting in declaratory relief ... Looking Ahead: The English Commercial Court ruled that the ... ...
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Landmark benchmark manipulation claim fails
Marme v Natwest Markets & Others - The High Court today (25 February 2019) handed down judgment in the case of Marme Inversiones v Natwest Markets plc & Others([2019] EWHC 366 (Comm)), dismissin...... ... with five banks, and granting the Defendants' requests for declaratory relief in relation to the validity of the termination of those swaps. ... ...
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Zavarco Plc v Nasir: Does The Doctrine Of Merger Apply To A Declaratory Judgment?
... ... The underlying ... cause of action ceases to exist and the creditor cannot rely upon ... it as the basis for a second claim to seek further relief ... Prior to Zavarco plc v Nasir, little judicial ... consideration had been given to the application of merger to ... declaratory relief. The ... ...
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Zavarco Plc v Nasir: Does The Doctrine Of Merger Apply To A Declaratory Judgment?
... ... The underlying ... cause of action ceases to exist and the creditor cannot rely upon ... it as the basis for a second claim to seek further relief ... Prior to Zavarco plc v Nasir, little judicial ... consideration had been given to the application of merger to ... declaratory relief. The ... ...
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