Declaratory relief

Published by a ��˾��ҹ�� Dispute Resolution expert

Practice notes

Declaratory relief

Published by a ��˾��ҹ�� Dispute Resolution expert

Practice notes

This Practice Note considers when, why and how you can apply to court for declaratory relief (a declaration from the court) and what factors the court will take into account when exercising its discretion.

This Practice Note considers the current position and provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further: Court specific guidance below.

For guidance on the use of declarations in cross-border disputes, see Practice Note: Cross-border injunctive and declaratory relief—a guide for dispute resolution practitioners—Declarations or declaratory relief.

What is declaratory relief?

Declaratory relief, also commonly known as declaratory judgment or declaration, is a form of discretionary remedy which parties may seek from the court. A declaration is essentially a statement made by the court at the request of a party.

The court can grant a declaration as to parties’ rights, to the existence of facts, or as to a principle of law, where those rights, facts, or principles have been

Jurisdiction(s):

United Kingdom

Key definition:

Remedy definition

What does Remedy mean?

The means by which a court enforces a right or orders redress for a wrong. It can include damages (whether compensatory or restitutionary), injunctive relief (whether interim or final) and specific performance (of outstanding obligations).

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