Tension in the court
Language: English Series: Estates Gazette ; (0544) 5 November 2005, 128(1) Publication details: c2005Subject(s): Online resources: Subject: 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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | L131543 (Browse shelf(Opens below)) | 1 | Available | 131543-1001 |
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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.