Re Clay. Clay v Booth

JurisdictionEngland & Wales
CourtCourt of Appeal
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89 cases
  • Actavis UK Ltd and Others v Eli Lilly & Company
    • United Kingdom
    • Chancery Division (Patents Court)
    • 12 February 2016
    ...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......
  • Quintin v Phillips Petroleum Company
    • Cayman Islands
    • Grand Court (Cayman Islands)
    • 3 November 1997
    ...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.......
  • Midland Bank Plc v Laker Airways Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 30 July 1985
    ...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
    • Malaysia
    • High Court (Malaysia)
    • 1 January 1951
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