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CHAPTER 30 Declaratory judgment on merits of dispute

Civil Jurisdiction and Judgments

Page 668


Declaratory judgment on merits of dispute

30.01 General

The final issue to consider, when dealing with wrongful litigation and the response to it, is the seeking of a pre-emptive ruling and declaration (which may be asked for in negative form) on the merits of the substantive dispute. The purpose would be to create a res judicata shield against any judgment which might be obtained by the opposite party in another court. This, by contrast with the anti-suit injunction, will involve the English court adjudicating and ruling on the merits of the claim; the decision may make the merits res judicata in the eyes of a foreign court as well as in England. By further contrast, it will take much longer to obtain than will an anti-suit injunction.

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