Declaration Definition

GLOSSARY

Published by a UU��ֱ�� Dispute Resolution expert

What does Declaration mean?

A remedy consisting of a binding declaration of the rights or obligations of a party.

It is available even in circumstances where no other consequential relief is or could be claimed. See CPR Rule 40.20.

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Buying goods from the EU for supply in the UK in the event of no trade deal—checklist [Archived]

Buying goods from the EU for supply in the UK in the event of no trade deal—checklist [Archived] ARCHIVED: This Checklist has been archived and is not maintained. Brexit: As of exit day (11 pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Checklist. For further guidance, see: Brexit Bulletin—key updates, research tips and resources and Brexit toolkit. On 3 February 2020, the UK and EU set out their opening negotiating positions for a post-Brexit UK-EU relationship. While the Political Declaration, appended to the Withdrawal Agreement, sets out the framework for the future relationship with the EU, it is not legally binding, meaning that either side can choose to depart from parts or all of the text. If negotiations for a trade agreement between the UK and the EU fail (a no trade deal Brexit),...

Rights of light—identifying provisions in leases—checklist

Rights of light—identifying provisions in leases—checklist This Checklist sets out which clauses in a lease and other relevant documents should be reviewed to determine whether a right of light exists. A right of light is an easement that entitles a landowner to receive natural light through an aperture in a building on its property. The owner of the land that is burdened by the right of light (the 'servient Building') cannot interfere with it without consent. On any proposed development it is therefore necessary to identify any neighbouring properties potentially enjoying a right of light (the 'dominant Building'). For further information regarding rights of light, see the following Practice Notes: • Establishing and maintaining rights of light • Rights of light—obstruction notices • Rights of light claims • Rights of light—insurance for developers Section 2 of the Prescription Act 1832 (PA 1832) requires actual enjoyment of light, which means that a right of light can be acquired for their own benefit and in their own right by those with a...

Procurement process—flowchart—worked example

Procurement process—flowchart—worked example This Procurement process flowchart shows the order in which a procurement may take place, together with the elements to be considered to ensure that a transparent and suitable procurement process is followed. It also identifies Precedents available to assist you with the procurement process. This Flowchart is a worked example and is not intended to be definitive. Different organisations may well have very different processes, but it provides a good starting or reference point. The contract value figures have been included for illustrative purposes only. This Flowchart should be read in conjunction with Practice Note: Procurement risk management guide which identifies five key risk management priorities for in-house lawyers supporting the procurement process. See also Precedent: Procurement policy—internal. Note 1 When deciding whether or not you can use a supplier who has previously supplied goods/services to another part of the organisation you should consider: • satisfaction with the supplier • uniformity or standardisation requirements • price efficiency/economies of scale • desirability of reducing reliance on one...

Enforcing judgments in cross-border disputes—flowchart

Enforcing judgments in cross-border disputes—flowchart This Flowchart considers how to enforce a judgment in a cross-border dispute within the EU. It only considers regulations applicable between EU Member States and therefore it does not consider any potential international conventions. In addition to the European procedures, the Flowchart also refers to the enforcement provisions of Regulation (EU) 1215/2012 (Brussels I (recast)). Article 39 of Regulation (EU) 1215/2012 provides that a judgment given in an EU Member State which is

Challenging court jurisdiction—general principles

This Practice Note considers the general principles to consider when challenging or disputing the court’s jurisdiction. A challenge may be brought on the basis that either the court does not have territorial jurisdiction or, where it does, that the court should exercise its discretion not to accept jurisdiction in the matter, eg on the basis of forum non conveniens. The grounds available for challenging the court’s jurisdiction are considered as well as whether a stay must or may be sought in favour of proceedings commenced in a country outside the UK. The Practice Note identifies how to make a challenge either prior to or following commencement of proceedings and explains what is meant by the term ‘jurisdiction’ for the purposes of CPR 11. It also covers challenging court jurisdiction within the UK as well as the interplay between CPR 11 and the Defamation Act 2013 (DA 2013).For detailed guidance on issues relevant when dealing with challenging court jurisdiction, see Practice Notes:•Challenging court jurisdiction—has a party submitted to a jurisdiction?•Challenging court...

Resisting enforcement of an adjudication decision

Produced in association with 4 Pump Court.This Practice Note provides a summary of the options available to a party wishing to prevent enforcement of an adjudication decision, while also highlighting grounds that have failed or been rejected by the court.The courts take a pro-enforcement approach to adjudication decisions, and as set out below the circumstances in which a decision will not be enforced (or a stay of execution granted) are limited. Summary of grounds for resisting enforcementThe court will only refuse to enforce an adjudicator's decision, or grant a stay of execution, in very limited circumstances:•the adjudicator did not have jurisdiction (see Practice Note: Grounds for a jurisdictional challenge in an adjudication)•there was a serious breach of natural justice in the adjudication (see Practice Note: Breach of natural justice in adjudication)•the referring party is insolvent and/or there is a risk of dissipation of the awarded sum (see Practice Note: Adjudication—resisting enforcement using a stay of execution)•fraud during the adjudication (see Practice Note: Fraud in adjudication)•the responding party brings Part 8...

Discover our 2269 Practice Notes on Declaration

ET3 grounds for resisting claim — discrimination because of pregnancy

ET3 grounds for resisting claim — discrimination because of pregnancy [Insert in para 6.1 of response form ET3:] 1 Paragraph 1 of the Grounds of Claim is admitted. It is admitted the Claimant notified the Respondent of her pregnancy as described in paragraph 2 of the Grounds of Claim and that on [insert date] she commenced a period of absence. According to the medical certificate which she submitted the reason for her absence was [insert details]. 2 It is admitted that the Claimant was dismissed on or about [insert date] but it is denied that she was dismissed because she was pregnant or for any reason connected with her pregnancy-related illness. It is denied that she was not told the reason for her dismissal. She was told that she was being dismissed because her post was redundant. 3 At the date of her dismissal, it was no longer practicable to continue to employ

Board minutes—private M&A—share purchase—completion—target

Board minutes—private M&A—share purchase—completion—target Company number: [insert company number] [insert company name] [LIMITED OR PLC] Minutes of a meeting of the board of directors (the Meeting) of [insert company name] [Limited OR PLC] (the Company) Held at [insert place of meeting] Held on [insert day, month and year of meeting] at [insert time of meeting][am OR pm] Present: [Insert names of the director(s) physically present][[Insert names of any directors present by telephone as permitted by the Company’s articles of association] (by telephone)] [[Insert names of any directors present by other means permitted by the Company’s articles of association] (by [insert other means]] [ In attendance: ] [[Insert name of anyone in attendance, who does not count towards the quorum for the Meeting (eg the company secretary, any legal advisers)]] [ Apologies: ] [[Insert names of any directors who are unable to attend the Meeting]] 1 Chair, notice and quorum [insert name] was appointed Chair of the Meeting. The Chair reported that due...

Dive into our 588 Precedents related to Declaration

In instances where the Third Parties (Rights Against Insurers) Act 2010 (TP(RAI)A 2010) applies, in respect of a Part 8 claim form, does the insurer under TP(RAI)A 2010 take the place of and replace the now insolvent defendant?

In instances where the Third Parties (Rights Against Insurers) Act 2010 (TP(RAI)A 2010) applies, in respect of a Part 8 claim form, does the insurer under TP(RAI)A 2010 take the place of and replace the now insolvent defendant? When the Third Parties (Rights Against Insurers) Act 2010 applies, the rights of the insured (ie the ‘relevant person’) are automatically transferred to the third party upon the insolvency of the insured through a statutory transfer. It does not create new substantive rights but transfers the pre-existing contractual rights. This means that a third party can now bring proceedings directly against the insurer or seek information about the insurance position at

Can the name of a minor be changed by an unenrolled change of name deed or is it necessary to use the formal deed poll process?

Can the name of a minor be changed by an unenrolled change of name deed or is it necessary to use the formal deed poll process? Where the parents of a child do not agree on whether a child’s name should be changed, in the absence of a child arrangements order specifying with whom a child is to live, an application to change a child's surname should be made under section 8 of the Children Act 1989 (ChA 1989) for a specific issue order or a prohibited steps order. Pursuant to ChA 1989, s 1(1) the child's welfare is the paramount consideration in such applications. In ChA 1989, s 8 applications the welfare checklist at ChA 1989, s 1(3) is applicable. Where there is a child arrangements order regulating living arrangements in place, applications for change of surname should be made by way of a freestanding application for permission under ChA 1989, s 13(1)(a). For further information about applications to change a child’s name and the factors that the court...

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English court declares Arbitral Tribunal has no jurisdiction to hear dispute (Barclays Bank plc v VEB)

Arbitration analysis: In the first of two separate judgments, the London Circuit Commercial Court (LCCC) found that it was able to determine whether an arbitral tribunal had jurisdiction to hear a dispute under an arbitration agreement, under section 32(2) of the Arbitration Act 1996 (AA 1996). In the second judgment, the court granted a declaration sought by Barclays Bank plc (Barclays) that an arbitral tribunal had no jurisdiction to hear a claim brought by VEB.RF (VEB) under a currency swap agreement. This declaration was made in circumstances where Barclays had validly served a notice on VEB pursuant to the terms of an arbitration agreement, requiring VEB's claim to be heard by the English courts. Written by Tatiana Minaeva, partner, and Ana Margetts, associate, at Reynolds Porter Chamberlain LLP.

Law Commission launches consultation on reforms to compulsory purchase laws

The Law Commission has published a consultation paper as part of its review of current compulsory purchase and compensation laws in England and Wales. Building on its reports from the early 2000s, the paper seeks to address the fragmented and outdated nature of the legal framework. This follows a request from the Ministry of Housing, Communities and Local Government, with the Commission tasked with drafting a Bill to consolidate, codify, and modernise the existing legislation. The paper is divided into three key sections, comprising 106 questions. The first section, Chapters 2-5, examines procedural aspects of compulsory purchase, the second section, Chapters 6-11, focuses on compensation-related issues, and the final section, Chapters 12-15, addresses supplementary matters. The consultation closes on 31 March 2025.

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