Part V Family Law, Ch.22 Declarations
J J Fawcett LLB, PhD, Solicitor, J M Carruthers LLB (Hons), Dip LP, PhD, SolicitorEdited By: Sir Peter North CBE, QC, MA, DCL, FBA
James J Fawcett, Janeen M CarruthersEdited By: Sir Peter North (Consultant Editor)
For many years, the courts had power, both under their inherent jurisdiction1 and by statute,2 to make declarations as to status. The purpose of such a declaratory judgment is not to determine the rights of the parties and to grant the appropriate relief but merely to affirm what their rights are without any reference to the enforcement of such rights. For many years, the courts had statutory power3 to grant declarations of legitimacy,4 of legitimation, of the validity of a marriage or that the petitioner is a British subject. They have exercised their inherent...