In re Clay; Clay and Booth: CA 1919

A plaintiff is not entitled to a declaration of non-liability where the defendant has neither asserted a contrary right nor made nor formulated an adverse claim. It is oppressive and unjust to subject a defendant to legal proceedings where he has given no reason to believe that he will assert a claim which is sufficiently formulated to be adjudicated upon: there has to be more than a belief on the part of the claimant that the defendant will probably make a claim in the future.


[1919] 1 Ch 66


England and Wales

Cited by:

CitedL’Oreal (UK) Limited and Another v Johnson and Johnson and Another ChD 7-Mar-2000
The claimant appealed against an order striking out their threat action for trade mark infringement, in respect of the words ‘No Tears’ when used for children’s shampoo.
Held: The court had to consider both the letter and the surrounding . .
CitedPoint Solutions Ltd v Focus Business Solutions Ltd and Another ChD 16-Dec-2005
It was claimed that the defendant’s computer software infringed the copyright in software owned by the claimant. A declaration was sought beacause of allegations that assertions about infringement had been made to third parties.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 07 December 2022; Ref: scu.180660