Milebush Properties Ltd v Tameside Metropolitan Borough Council and another  EWCA Civ 270;  WLR (D) 96
“Although the court had a wide discretion to grant declaratory relief in diverse circumstances in both public and private law proceedings, where a party who was not a party to the contract brought private proceedings seeking declaratory relief to enforce a public authority’s planning obligation the court would not lend its assistance.”
WLR Daily, 17th March 2011
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Judge’s order inappropriate
Hawkes v Cuddy and Others
Court of Appeal
“It was inappropriate to make a declaratory judgment on an interlocutory application based on an allegation of contravention of the Companies Act 1985 when that would serve no useful purpose.”
The Times, 13th November 2007
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