Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Remedy definition

What does Remedy mean? Remedy is the court’s practical response to a proven or threatened wrong: the order or award that vindicates a right, prevents harm or restores parties to the correct position. It is not exhaustively defined in legislation; scope derives mainly from common law and equitable case law, supplemented by statute. Common civil remedies include damages (compensatory, restitutionary and nominal; exemplary/punitive only in narrow categories), injunctions/interdicts (interim and final, including freezing and search orders), specific performance/specific implement, declaratory relief, rescission or rectification (reduction in Scots law), delivery up, account of profits and restitutionary orders. Usage is broadly consistent across England & Wales, Scotland, Northern...

Declaratory relief under the CPR (England and Wales): principles, utility, illustrative cases, interim and summary declarations, procedure (Part 7/8), and practical guidance

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note explores when, why, and the ways in which you may seek declaratory relief (a declaration from the court), together with the considerations the court will apply when exercising its discretion. It outlines the current position and offers practical direction on interpreting and applying the relevant CPR provisions. Depending on the forum in which your matter proceeds, you should also be alert to additional provisions—see further: Court specific guidance below. For guidance on using declarations in cross-border disputes, see Practice Note: Cross-border injunctive and declaratory relief—a guide for dispute resolution practitioners.

What is declaratory relief?

Also known as a declaratory judgment or a declaration, it is a discretionary remedy that a party may ask the court to grant. In simple terms, it is a statement by the court made at the request of a party. The court may declare parties’ rights, confirm the existence of facts, or state a principle of law, where those rights, facts, or principles have been proved to the court’s satisfaction (financial services authority v Rourke). The terms of any declaration sought must be drafted with precision when describing the legal...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 28/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...