A negative declaration should be granted by the court only in exceptional circumstances: ‘I think that a declaration that a person is not liable in an existing or possible action is one that will hardly ever be made, but that in practically every case the person asking it will be left to set up his defence in the action when it is brought.’
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Limited – Camilla Cotton Oil Co v Granadex SA CA 1975
Limited – Camilla Cotton Oil Co v Granadex SA HL 1976
The jurisdiction to grant a negative declaration was not as confined as suggested by Pickford LJ, but his words ‘warn us that we must apply some careful scrutiny’. . .
Cited – Well Barn Shoot Limited and Well Barn Farming Limited v Shackleton and Another CA 22-Jan-2003
The defendants had been tenant farmers of the plaintiff company which retained shooting rights over the land when part was sold to the defendants. The defendant object to the use of a roadway by the plaintiff. The plaintiff sought to repurchase the . .
Cited – Messier-Dowty Ltd and Another v Sabena Sa and Others CA 21-Feb-2000
The defendants sought a declaration that they would not be liable in respect of their potential involvement in a pending action. The appellants asserted that such a declaration could not be granted since no proceedings were yet in issue. The court . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 April 2022; Ref: scu.220699