Declarations
A Practice note that considers the court's discretionary power to make a declaratory judgment in England and Wales. This Practice note examines the circumstances when it is possible and appropriate to seek a declaration as to the rights of parties, the existence of facts, or a principle of law. It outlines the key principles that guide the exercise of the court's discretion, such as the need for a real and present dispute and whether a declaration is the most effective way to resolve an issue. This Practice note also discusses different types of declarations, including interim declarations, which are an exceptional remedy, and negative declarations of non-liability, which are subject to careful scrutiny. Guidance is provided on the procedure for seeking a declaration and the requirements for parties. A table of cases illustrates the court's approach to application for declaratory relief.,
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