Declaratory Decree - Definition - Law Dictionary Home Dictionary Definition declaratory-decree

Definition :

Declaratory decree, a binding declaration of right in equity without consequential relief, which might be made under the (English) Chancery Procedure Act, 1852 (15 & 16 Vict. c. 86), ss. 50, 51; but this Act was very narrowly construed. The powers of the Court have since been greatly extended by Ord. XXV., r. 5, and actions can now be brought merely to declare rights, Ellis v. Duke of Bedford, (1899) 1 Ch 515, though the jurisdiction is exercised with great caution.

A declaration which is of no practical use to plaintiff ought not to be granted.

A decree which simply declares the rights of the parties or express the opinion of the court on any question without ordering to be done [S. 7(iv)(c), Court-Fees Act.]