Zamir & Woolf: The Declaratory Judgment 4th Edition

Given the emphasis of the Civil Procedure Rules on settlement and speedy resolution of disputes, declaratory proceedings are increasingly important. This edition of the definitive work on the subject explains the wide scope of the declaratory judgment as a public law remedy for both individuals and public bodies and shows how it can be used.

 

 

This book explains the purpose and remit of this important remedy and goes through statute and case law to illustrate when a declaratory judgment can be granted. It highlights the advantages of using declaratory proceedings, shows how to bring a case before the court, and explains the jurisdiction of the High Court, county courts and tribunals to grant declarations. Detailed examination of who is entitled to bring proceedings for declaratory relief – both claimant and defendant – is included, together with a comparative study of the use of the declaratory process in Scotland.

 

 

This edition has been completely updated in light of amendments to the Civil Procedure Rules and the impact of the Human Rights Act 1988 in this area.

 

 

Introduction; The History and the Development; Jurisdiction; Discretion; The Claimant and Standing to bring Proceedings; The Defendant; Procedure; The Action of Declarator in Scotland; The Future.

 

 

 

Jurisdiction: UK/Commonwealth