FSA v Rourke
| Jurisdiction | England & Wales |
| Date | 2002 |
| Year | 2002 |
| Court | Queen's Bench Division |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
77 cases
- Teva UK Ltd and another v Novartis AG
-
Colette Ann McManus and Others v European Risk Insurance Company hf
...a subsisting cause of action: see Guaranty Trust Co of New York v Hannay [1915] 2 KB 536 (CA). In Financial Services Authority v Rourke [2002] C.P. Rep 14 (' Rourke'), Neuberger J said that the court's discretion should be exercised taking into account justice to the claimant, justice to th......
-
Toropdar v D (A Minor)
...there should be no reluctance to their being granted when it is useful to do so". 74 In Financial Services Authority v Rourke [2002] C.P. Rep. 14 Neuberger J (as he then was) said:; "It seems to me that, when considering whether to grant a declaration or not, the court should take into acco......
- L v C (Applications by Non-Biological Mother)
Request a trial to view additional results
2 firm's commentaries
-
Ground-Breaking Declaratory Relief From English High Court Clears The Route To Market For Humira Biosimilar
...there are any other special reasons why or why not the court should grant the declaration" (Financial Services Authority v Rourke [2002] CP Rep. 14, Neuberger Declaratory relief is not appropriate in all cases. "A claimant cannot seek an Arrow declaration simply because it would like to kno......
-
Corporate Trust: English Court Adopts “Conservative Mindset” Against Exercising Discretion to Grant Declaratory Relief to Note Trustee in Part 8 Proceedings
...there are other special reasons why or why not the court should grant the declaration” (referring to Finance Service Authority v Rourke [2002] CP Rep 14). The judge decided that making such declarations was inappropriate Despite the finding that the issuer was properly before the court, it ......