“…be made where it serves no useful purpose, but, subject to that, the approach is one of discretion rather than jurisdiction: see Messier-Dowty Ltd v. Sabena SA [2001] 1 All ER 275. Before a court can properly make a declaration, the underlying issue must be sufficiently clearly defined to render it properly justiciable: Nokia Corporation…”
“…The court enjoys a broad, flexible jurisdiction to grant declaratory relief. As this court made clear in Messier-Dowty v Sabena [2001] 1 All ER 275 (in the context of negative declarations but, in my judgment applicable more generally) the jurisdiction is confined by the exercise of the court’s discretion …”