This On Demand was recorded on 1 December 2022.

Declarations can be an effective tool for creative dispute resolution where clients do not have an obvious cause of action, or where it is desirable to use a more streamlined procedure than a full trial. However, applications for solely declaratory relief under the Declaratory Judgments Act 1908 are relatively infrequent. When the need to seek declaratory relief arises, there are few practical resources available for practitioners to refer to.

This On Demand will offer valuable insights to litigators about this useful remedy, including what a declaration is and why you might seek one, the legal tests for seeking declaratory relief under the Declaratory Judgments Act 1908, and practical guidance on the procedure for seeking a declaratory order, including evidential and interlocutory issues that may arise on such applications.

Who should view?

Civil litigators of all levels.

Learning Outcomes

• Gain insights into the nature of declaratory relief, its effect, and why your client may wish to seek a declaration.
• Develop your understanding of the operation of the Declaratory Judgments Act 1908.
• Learn more about the legal tests for obtaining declaratory relief.
• Get to grips with the procedure for making an application for declaratory relief under Part 18 of the High Court Rules, from filing a claim through to any appeals.
• Be aware of procedural issues that may arise in declaratory proceedings, including the form of evidence, and whether interim injunctions or declarations are available.

Presenter Details

Presenter

Hamish McQueen | Senior Associate, Gilbert Walker