The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering which courts have jurisdiction to determine a dispute, including where such considerations may led to an application for a negative declaration. For guidance, see: Cross border considerations—checklist—Jurisdiction—Brexit specific.
A declaration is essentially a statement made by the court at the request of a party. This might be in relation to the rights of a party to a dispute or to the existence of certain facts or as to a principle of law, in each case where those rights, facts or principles have been established to the satisfaction of the court. See Financial Services Authority v Rourke.
A negative declaration is simply a declaration framed in the negative. A negative declaration can take various forms, for example that:
the courts of a particular jurisdiction do not have jurisdiction to hear a dispute
there has been no breach of patent
an insurer is not liable to pay out under an insurance policy
a particular course of action would not breach a contract, or
a contractor has no claim for loss
Negative declarations are particularly common in insurance, construction and patent cases. They are usually brought alongside other claims for relief such as injunctions or other declarations.
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