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Negative Declarations

Produced in partnership with Camilla McPherson

Practice notes

Negative Declarations

Produced in partnership with Camilla McPherson

Practice notes

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This Practice Note considers negative declarations. It first considers what a negative declaration is, followed by the power of the High Court to make a negative declaration. It then looks at the approach of the court. It sets out the principles the court will apply when determining whether to make a negative declaration and provides guidance on how to make an application for a negative declaration. Finally, it provides examples of judgments in which the court has considered such applications.

What is a negative declaration?

A declaration is essentially a statement made by the court at the request of a party. This might be in relation to the rights of a party to a dispute or to the existence of certain facts or as to a principle of law, in each case where those rights, facts or principles have been established to the satisfaction of the court as set out in financial services authority v Rourke. For guidance on declarations generally, see Practice Note: Declaratory relief.

A negative declaration is simply a declaration framed in the negative. It is also an

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Jurisdiction(s):

United Kingdom

Key definition:

Financial Services Authority definition

What does Financial Services Authority mean?

The Financial Services Authority was the regulator in charge of overseeing banking and investment services.

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