Re Clay. Clay v Booth
| Jurisdiction | England & Wales |
| Year | 1919 |
| Date | 1919 |
| Court | Court of Appeal |
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89 cases
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Actavis UK Ltd and Others v Eli Lilly & Company
...MR). The old restrictive approach under which a negative declaration would not be granted unless there was a claim of right ( Re Clay [1919] 1 Ch 66) has been abandoned. The modern law is that a negative declaration will be granted if it is right in all the circumstances to do so, and in pa......
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Quintin v Phillips Petroleum Company
...for the plaintiffs; A. Turner for the first defendant; J. Chapman for the second defendant. Cases cited: (1) Clay, In re, Clay v. Booth, [1919] 1 Ch. 66, distinguished. (2) Duncan, Fox & Co. v. North & S. Wales BankELR(1880), 6 App. Cas. 1. (3) Eastham v. Newcastle United Football Club Ltd.......
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Midland Bank Plc v Laker Airways Ltd
...As the liquidator has never threatened to take proceedings against either bank in the English courts, on the authority of In Re Clay (1919) 1 Ch. 66, there is no jurisdiction in the court to make the declaration asked for. The claim for it should be struck out. 20 I would allow the plaintif......
- Abdul Sameed and Another; Mohamed Kunju
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