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ARTICLE · 14 MARCH 2025

Declaratory Judgments. YOU SHALL, NOT, MERGE!

Teacher Stern LLP
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The common law doctrine of merger in judgment does not apply to declaratory judgments.

United KingdomLitigation, Mediation & Arbitration
Lee Donoghue
Lee Donoghue

The common law doctrine of merger in judgment does not apply to declaratory judgments. So confirmed the UK Supreme Court when today it handed down its judgment in Nasir v Zavarco Plc [2025] UKSC 5.

Lee Donoghue, Jessica Verrall, and Rabia Azam at Teacher Stern LLP acted for the Appellant Tan Sri Nasir, with Paul Downes KC, Robert-Jan Temmink KC, Tom Nixon, and Tom Hall of Quadrant Chambers as counsel.

Understanding the Doctrine of Merger

In England and Wales, the doctrine of merger operates to ensure finality and efficiency of judicial proceedings. It applies such that once a court renders a judgment on a cause of action, that cause of action merges into the judgment and is extinguished, thereby preventing subsequent litigation on the same matter.

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