Category: declaratory judgment

Remedies – Negative Declarations – Declaration of Non-Liability – 33 Bedford Row

Posted September 25th, 2024 in chambers articles, declaratory judgment, news by tracey

‘Where one person (natural or legal) asserts that another person (natural or legal) is liable to pay them money, typically it will be the asserting party (the person who says they are owed money) who issues the formal claim (commences formal proceedings) in Court, seeking: (a) a judicial determination on the claim (i.e. a judgment in their favour), and (b) an order against the other party (the allegedly liable party). But there may be rare occasions where the roles are reversed, and it is the allegedly liable party that wishes to obtain a judicial determination – exonerating themselves[0] – to obtain a judgment that they are not liable to the other party (the asserting party).’

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33 Bedford Row, 4th September 2024

Source: www.33bedfordrow.co.uk

Gabriel Tan: Recent developments on declaratory relief in Public Law – UK Constitutional Law Association

Posted April 8th, 2022 in constitutional law, declaratory judgment, news by sally

‘It is often thought trite that remedies in public law are the quintessential area where judges enjoy a significant amount of discretion. In the words of Sir Clive Lewis (now Lewis LJ), “There is no perceivable rule governing which remedy to use [to remedy unlawful acts] and no particular pattern emerges from the case law.”’

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UK Constitutional Law Assoication, 6th April 2022

Source: ukconstitutionallaw.org

Tribunal Judge loses case of race discrimination against fellow Judges – Ely Place Chambers

Posted January 22nd, 2020 in declaratory judgment, equality, harassment, judges, judiciary, news, race discrimination, tribunals by sally

‘Employment Judge Snelson has handed down judgment in Kumrai v Ministry of Justice and others, an unusual case involving serious allegations of race discrimination by members of the senior judiciary in which the Claimant and all three Respondent witnesses were serving Tribunal Judges. The Claimant, a Judge of the First-Tier Tribunal, sued both the Regional Judge and President of the relevant chamber together with the Ministry of Justice, for direct race discrimination, harassment and victimisation.’

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Ely Place Chambers, 14th January 2020

Source: elyplace.com

In re Z (A Child) (Foreign Surrogacy: Parental Order) – WLR Daily

Posted September 16th, 2015 in children, declaratory judgment, families, family courts, human rights, law reports, parental rights, surrogacy by tracey

In re Z (A Child) (Foreign Surrogacy: Parental Order): [2015] EWFC 73; [2015] WLR (D) 375

‘Since section 54(1) of the Human Fertilisation and Embryology Act 2008 provided that in certain circumstances the court might make a parental order on the application of “two people”, it was not open to the court to make such an order on the application of one person only; nor could section 54(1) be “read down” in accordance with section 3(1) of the Human Rights Act 1998 to enable that to be done.’

WLR Daily, 7th September 2015

Source: www.iclr.co.uk

Where do the boundaries lie? MN (Adult) [2015] EWCA Civ 411 – No. 5 Chambers

Posted September 7th, 2015 in Administrative Court, appeals, case management, Court of Protection, declaratory judgment, disabled persons, human rights, jurisdiction, news, statutory duty by sally

‘Sir James Munby, President of the Court of Protection, provided clear guidance as to the nature of the Court of Protection’s jurisdiction, and the approach that should be adopted when a care provider is unwilling to provide, or to fund, the care sought.’

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No. 5 Chambers, 2nd September 2015

Source: www.no5.com

Milebush Properties Ltd v Tameside Metropolitan Borough Council and another – WLR Daily

Posted March 21st, 2011 in declaratory judgment, enforcement, law reports, planning, rights of way by sally

Milebush Properties Ltd v Tameside Metropolitan Borough Council and another [2011] EWCA Civ 270; [2011] WLR (D) 96

“Although the court had a wide discretion to grant declaratory relief in diverse circumstances in both public and private law proceedings, where a party who was not a party to the contract brought private proceedings seeking declaratory relief to enforce a public authority’s planning obligation the court would not lend its assistance.”

WLR Daily, 17th March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Hawkes v Cuddy and Others – Times Law Reports

Posted November 13th, 2007 in company directors, declaratory judgment, insolvency, law reports by sally

Judge’s order inappropriate

Hawkes v Cuddy and Others

Court of Appeal

“It was inappropriate to make a declaratory judgment on an interlocutory application based on an allegation of contravention of the Companies Act 1985 when that would serve no useful purpose.”

The Times, 13th November 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.