In re Cooper v [1979] JLR 181 (29 October 1979)

A court cannot issue a declaratory judgment in the absence of a cited defendant and a claimed form of relief; it has no jurisdiction to give merely advisory opinions.

Citation: [1979] JLR 181
Parties: Applicant: Cooper
Jurisdiction: Jersey
Judgment Date: 29 October 1979
Procedural Posture: Civil / Application for Declaratory Judgment
Outcome: application dismissed
Legal Topics: Declaratory Judgment, Jurisdiction

Civil Procedure Declaratory Judgment Jurisdiction

Case Brief

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Parties

Cooper

Applicant

Procedural Posture

Civil / Application for Declaratory Judgment

Legal Issues

1 Whether the court has jurisdiction to give a merely advisory judgment about the lawfulness of specified events when no defendant is cited and no relief is claimed

Ratio Decidendi

A court cannot issue a declaratory judgment in the absence of a cited defendant and a claimed form of relief; it has no jurisdiction to give merely advisory opinions.

Court Disposition

application dismissed