Zamir & Woolf: The Declaratory Judgment is the definitive practitioner text on the law and practice of declaratory relief. It provides a detailed analysis of when and how declaratory judgments may be sought, their procedural basis, and their strategic use in litigation.
The 5th edition has been substantially updated and expanded to reflect recent developments in case law and practice. It offers a modern re examination of the scope and function of declaratory relief across a wide range of contexts, including public law, commercial disputes and private rights.
The new edition includes:
- comprehensive updating of authorities throughout
- substantial revision of key chapters, including modern procedural developments
- expanded treatment of the relationship between declaratory and coercive remedies
- a fully revised chapter on the Scottish declarator, reflecting extensive rewriting and updated authorities
- analysis of contemporary litigation strategy and the increasing importance of declaratory relief in complex disputes
New case law:
On finality of litigation:
- Zavarco PLC v Nasir
- London Steam-Ship Owners' Mutual Insurance Association Ltd v Kingdom of Spain
- Anthony Donnellan v Alan Ward
- Michael Ward v Katherine Savill
On challenging Government guidance:
- R (o.a.o. Freedom and Justice Party) v Secretary of State
- Regina (FDJ) v Secretary of State for Justice v Lamble
- R. (o.a.o Safe Passage International) v Secretary of State for the Home Department
On judicial oversight:
- R (o.a.o. Privacy International) v Investigatory Powers Tribunal
On religious questions:
- Shergill and others v Khaira
On human rights remedies:
- R (Nicholson) v Ministry of Justice
- R (T) v Chief Constable of Greater Manchester Police and others (Liberty and others intervening), re JR123
- G (a child) (Same-sex Relationship: Family Life Declaration)
On courts, Parliament and constitutional power:
- R (ALR and others) v Chancellor of the Exchequer
- R (Miller) v Prime Minster
- R (The Greyhound Board of Great Britain) v The Welsh Ministers
On advisory and academic relief:
- In re X and others (Court of Protection: Deprivation of Liberty) (Nos 1 and 2)
On standing in public law proceedings:
- AXA General Insurance Ltd Petitioners, Walton v Scottish Ministers
- R. (Good Law Project and the Runnymede Trust) v Prime Minister
On the right parties before the court:
- Darwall and another v Dartmoor National Park Authority
- Tyne and Wear Passenger Transport Executive (trading as Nexus) v National Union of Rail, Maritime and Transport Workers
On non-participation and declaratory relief:
- The Bank of New York Mellon, London Branch v Essar Steel India Limited
- The Co-Operative Bank Plc v Hayes Freehold Limited (In Liquidation) Deutsche Bank AG London Sentrum (Hayes) Limited (In Liquidation) Sentrum Holdings Limited
Significant legislation:
- The changes made by S 31(2A)-(2C) and (3D)- (3F) Senior Courts Act 1981 on applications for judicial review
Written by leading practitioners, this title remains an essential resource for litigators, judges and academics requiring authoritative guidance on this fundamental aspect of civil procedure.
