In what circumstances will the court grant leave to issue CPR 8 declaratory proceedings against an LLP in liquidation? The case of Fennell v Halliwells LLP  EWHC 2837 (Ch),  All ER (D) 161 (Sep) had a look at this. Mr Justice Strauss QC (sitting as a deputy judge) gave the applicant leave to issue CPR 8 declaratory proceedings against the defendant LLP in liquidation. The claimant sought permission to bring a claim against the defendant in liquidation for a declaration that the claim that the defendant had issued against him had been released by the defendant and could not be brought. The defendant's liquidators contended that the court should not interfere with their strategy of seeking to negotiate and mediate all claims. The Companies Court, in allowing the application, decided that the liquidators' opposition to the application was unjustifiable, given the failure of negotiations and that case management considerations favoured the grant of permission.