Date [date] Parties 1 [name of first joint tenant] of [address] 2 [name of second joint tenant] of [address] (together referred to as Joint Tenants) background (A) By [ [a conveyance OR transfer] OR an assent] dated [date] made between

Date [date] Parties 1 [name of first joint tenant] of [address] 2 [name of second joint tenant] of [address] (together referred to as Trustees) background (A) The Trustees hold the property described in the

1 It is agreed and declared that nothing contained in this [deed OR transfer OR [insert other

I, [name of prospective Tribunal Secretary], hereby agree to serve as Tribunal Secretary [to be adapted based on the terms used in the arbitration rules: administrative secretary, secretary to the arbitral tribunal etc] to the Arbitral Tribunal [name of Arbitral Tribunal] in the arbitration case [name of arbitration case] between [name of party] and [name of party] I agree to act in accordance with the [X Arbitration Rules, Practice Note, Terms of Appointment of the Arbitral Tribunal, Guidelines, etc]. By making this declaration, I confirm that I have familiarised myself with the principles, standards and requirements set out in the aforementioned instruments. I will be performing organisational and administrative tasks such as: • organising and maintaining the Arbitral Tribunal’s file and locating documents; • organising hearings and meetings and liaising with the Parties in

1 I, [insert name], hereby agree to serve as Tribunal Secretary [to be adapted based on the terms used in the arbitration rules: administrative secretary, secretary to the arbitral tribunal, etc] to the Arbitral Tribunal [insert details] in the arbitration case [insert case name] between [insert date] and [insert date]. 2 I agree to act in accordance with the [X Arbitration Rules, Practice Note, Terms of Appointment of the Arbitral Tribunal, etc]. By making this declaration, I confirm that I have familiarised myself with the principles, standards and requirements set out in the aforementioned instruments. 3 I will be performing organisational and administrative tasks such as: 3.1 organising and maintaining the Arbitral Tribunal’s file and locating documents; 3.2 organising hearings and meetings and liaising with the Parties in that respect;

An application for a declaration as to marital or civil partnership status may be made where there is doubt as to the validity or recognition of a marriage or civil partnership, or of a divorce/dissolution, annulment or legal separation obtained in any country outside England and Wales. Subject to the requirements as to jurisdiction, a declaration can be sought in relation to a marriage or civil partnership which took place in either England and Wales or in a foreign jurisdiction. See also Practice Notes: Recognition of overseas marriage or civil partnership and Recognition of overseas divorce or dissolution of civil partnership. An application may be made for a declaration as to marital status under section 55 of the Family Law Act 1986 (FLA 1986). The application may be for a declaration that: • the marriage was at its inception a valid marriage • the marriage subsisted on a date specified in the application • the marriage did not subsist on a date so specified An application may also be made for: • a

This Practice Note sets out the general principles of an application for a declaration of parentage under the Family Law Act 1986. It deals with the jurisdiction of the court and the requirement for the applicant to have sufficient personal interest. It considers who the parties are, declarations of parentage in respect of adopted children and declarations of parentage for the purposes of the Child Support Act 1991 and Child Support Act 1995. It also considers declarations of legitimacy. In Re G (children) (residence: same-sex partner) Baroness Hale summarised the three ways in which an individual can become a parent (at paras [33-35]), ie: • genetic parenthood—the provision of the gametes which produce the child • gestational parenthood—the conceiving and bearing of the child, and • social and psychological parenthood—the relationship that develops through the child demanding and the parent providing for the child's needs The court cannot make a declaration of psychological parentage as declarations are intended to be matters of fact. See Practice Note: Acquisition of parental responsibility by female parents. In A Local

This Practice Note sets out the procedure when making an application for a declaration of parentage under the Family Law Act 1986 (FLA 1986). It deals with making and serving the application, evidence, directions and case management. It considers declarations of parentage in respect of adopted children, the effect of a declaration of parentage and the steps that can be taken after the declaration of parentage is made to re-register the birth. It also looks at scientific testing, including DNA tests. The procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 8 together with FPR 2010, PD 8B. Applications for declarations under FPR 2010, SI 2010/2955, Pt 8 are made under the FPR 2010, SI 2010/2955, Pt 19 procedure—see Practice Note: FPR 2010, Part 19—alternative procedure for applications. The application is made in Form C63 (Application for declaration of parentage under FLA 1986, s 55A) and a court fee is payable—see Practice Note: Current court fees in family proceedings. Sufficient copies of the application

The Presumption of Death Act 2013 (PDA 2013) came into force on 1 October 2014 and extends to England and Wales only. Previously, there had been a common law rebuttable evidential presumption that a person was deemed to be dead after a seven-year absence alongside a number of statutory provisions (eg section 19 of the Matrimonial Causes Act 1973 (MCA 1973) and section 37 of the Civil Partnership Act 2004 (CPA 2004)) which contained specific procedures, dealing with different aspects of a missing person’s property and affairs, under which a missing person might be presumed dead. PDA 2013 introduced a procedure enabling a declaration to be obtained from the High Court (Family Division or Chancery Division) that a missing person is deemed to have died effective for all purposes. The court must make the declaration sought if satisfied that a missing person has died, or has not been known to be alive for a period of at least seven years. The declaration must include a finding as to the date and time of the missing person’s

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. Certain claims for damages that include a claim for declaratory relief may need to be issued using the Damages Claims Portal (DCP) under CPR PD 51ZB, which is an online claims process. This Practice Note does not deal with claims issued in the DCP. For information on the eligibility requirements for the DCP and guidance on how to issue a claim using the DCP, see Practice Note: Damages claims pilot scheme—CPR PD 51ZB. What

A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but does not order any action by a party. A court may issue it alone or in conjunction with some other relief such as an injunction and can be granted on an application for judicial review. An advantage of declaratory relief is the substantial saving of costs in determining a specific question as a preliminary issue, thus dispensing with the need for further argument or facilitating a settlement. Declaratory relief may be sought as part of, or in place of, applications for the judicial review of decisions of tribunals or public bodies, including local planning authorities (LPAs). It can be a simple, cost-effective and flexible way to construe legislation and encourage good administration without requiring previous determinations to be overturned if this would be impracticable or inconvenient. It is important to note that declaratory relief in planning cases will only be available to deal with questions relating to the validity of

Dispute Resolution analysis: This judgment clarifies the scope of the summary judgment test in the context of a claim for declaratory relief. Specifically, the court addressed the question of precisely what it is that a claimant needs to show the defendant has no real prospect of successfully defending: is it just the facts and matters relevant to the underlying subject matter of the declaration, or must it also be proved the defendant would have no real prospect of persuading a court (after a full trial) to exercise its discretion in their favour? The court ruled it was the former. It held that where it could be established that a defendant had no real prospect of success in defending facts or matters relevant to the making of a declaration, it would not be in accordance with the overriding objective to require a full trial to decide whether the court should exercise its discretion to make the declarations sought. Written by Harriet Campbell, professional support lawyer, at Stephenson Harwood LLP.