Tension in the court
Knights, Philip
Tension in the court - c2005 - Estates Gazette (0544) 5 November 2005, 128(1) .
Judgments should have retrospective as well as prospective consequences according to a landmark HL judgment "National Westminster Bank plc v Spectrum Plus Ltd and others" ([2005] UKHL 41, (2005) 3 WLR 58), athough retrospective effect might have unfortunate consequences as many banks found following "Spectrum". The arguments in favour of retrospective effect are recognised in the courts' approach to the interpretation of statutes. In cases such as "Spectrum" which require interpretation of a statute, the courts acknowledge that they should rarely just declare how the statute will be applied in the future. A statute applies from a specific date and the courts should not interfere with that by denying their judgments retrospective effect.
NATIONAL WESTMINSTER BANK PLC V SPECTRUM PLUS LTD
Tension in the court - c2005 - Estates Gazette (0544) 5 November 2005, 128(1) .
Judgments should have retrospective as well as prospective consequences according to a landmark HL judgment "National Westminster Bank plc v Spectrum Plus Ltd and others" ([2005] UKHL 41, (2005) 3 WLR 58), athough retrospective effect might have unfortunate consequences as many banks found following "Spectrum". The arguments in favour of retrospective effect are recognised in the courts' approach to the interpretation of statutes. In cases such as "Spectrum" which require interpretation of a statute, the courts acknowledge that they should rarely just declare how the statute will be applied in the future. A statute applies from a specific date and the courts should not interfere with that by denying their judgments retrospective effect.
NATIONAL WESTMINSTER BANK PLC V SPECTRUM PLUS LTD