Author: Jeremy Woolf
This new 4th 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. References throughout will be made to the changes brought about by the HRA and amendments to the Civil Procedure Rules and cases and legislation will also be updated.
Looks at the development of the declaration in both private and public law proceedings Goes through statutory provisions and case law to illustrate when a declaratory judgment might be granted.
Clearly shows the advantages of using declaratory proceedings, in particular the importance of the discretionary element is given full consideration.
Focuses on procedure, from commencement in the High Court to Judicial Review.
Shows practitioners how to bring a case before the court.
Includes the jurisdiction of the High Court, county courts and tribunals to grant declarations, to statutory powers and the prerogative of the Crown, to the rules of international law, implications of the Human Rights Act 1998 and extra-legal issues.
Examines in detail who is entitled to bring proceedings for declaratory relief both claimant and defendant. A separate chapter is provided on each.
Makes it clear which cases can and cannot be dealt with.
A separate chapter provides a brief comparative study of the use of the declaratory process in Scotland.
Extracts of statutes are annotated.