Negative Declarations


Produced in partnership with Camilla Macpherson of Independent contributor
Practice notes

Negative Declarations


Produced in partnership with Camilla Macpherson of Independent contributor

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.

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, the existence of certain facts or a principle of law. For guidance on declarations generally, see Practice Note: Declaratory relief.

A negative declaration is a declaration framed in the negative. It is an unusual remedy in that it effectively reverses the more usual roles of the parties, as explained in the judgment of Lord Woolf in the Court of Appeal decision in Messier-Dowty Ltd v Sabena SA (2001):

‘42. ...The natural defendant becomes the claimant and vice versa. This

Camilla Macpherson
Camilla Macpherson

Independent contributor

From 2019 to 2024, Camilla Macpherson was Head of Secretariat of P.R.I.M.E. Finance, a foundation based in The Hague which seeks to foster greater financial market stability and increased confidence in global finance.
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Camilla previously practised international arbitration and litigation at Allen & Overy in London and Amsterdam, focusing on complex, high value cross-border disputes, many involving co-ordination of cross-jurisdictional proceedings and project management on a global scale. She was also previously DLA Piper’s Head of Knowledge Management, DLA Piper’s dedicated Brexit Counsel, and Legal Counsel at the Permanent Court of Arbitration in The Hague.
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Camilla is a Fellow of the Chartered Institute of Arbitrators, a member of the Law Society’s Arbitration Working Group, a former member of the Law Society’s International Committee and a practising solicitor in England & Wales with Solicitors’ Higher Rights of Audience.

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Jurisdiction(s):
United Kingdom
Related legal acts:
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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