The presumption of regularity is a
presumption
In the law of evidence, a presumption of a particular fact can be made without the aid of proof in some situations. The invocation of a presumption shifts the Legal burden of proof, burden of proof from one party to the opposing party in a court t ...
that forms part of the law of evidence of
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
.
It is expressed by the
maxim of law ''omnia praesumuntur rite et solemniter esse acta donec probetur in contrarium'', which may be shortened to ''omnia praesumuntur rite et solemniter esse acta'' or ''omnia praesumuntur rite esse acta''.
Official actions
Where it has been proved that an "official act" has been done, it will be presumed, until the contrary is proved, that the said act "complied with any necessary formalities" and that the person who did it was "duly appointed".
This is a
presumption of law
In the law of evidence, a presumption of a particular fact can be made without the aid of proof in some situations. The invocation of a presumption shifts the burden of proof from one party to the opposing party in a court trial.
There are two ...
.
The following cases are relevant to this presumption:
*''R v Gordon'' (1789) 1 Leach 515, (1789) 1 East PC 315
*''R v Jones'' (1806) 31 St Tr 251, (1806) 2 Camp 131
*''R v Verelst'' (1813) 3 Camp 432
*''R v Catesby'' (1824) 2 B & C 814, (1824) 4 Dow & Ry KB 434, (1824) 2 Dow & Ry MC 278
*''R v Rees'' (1834) 6 C & P 606
*''R v Murphy'' (1837) 8 C & P 297
*''R v Townsend'' (1841) C & Mar 178
*''R v Newton'' (1843) 1 C & K 469
*''R v Manwaring'' (1856) 26 LJMC 10, (1856) Dears & B 132, (1856) 7 Cox 192
*''R v Cresswell'' (1876) 1 QBD 446, (1876) 33 LT 760, (1876) 40 JP 536, (1876) 13 Cox 126
*''R v Stewart'' (1876) 13 Cox 296
*''R v Roberts'' (1878) 14 Cox 101, (1878) 42 JP 630, (1878) 38 LT 690,
CCR
* ''Gibbins v Skinner''
951
Year 951 ( CMLI) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar.
Events
By place
Europe
* King Berengar II of Italy seizes Liguria, with help from the feudal lord Oberto I. He re ...
2 K.B. 379,
951
Year 951 ( CMLI) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar.
Events
By place
Europe
* King Berengar II of Italy seizes Liguria, with help from the feudal lord Oberto I. He re ...
1 All E.R. 1049,
951
Year 951 ( CMLI) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar.
Events
By place
Europe
* King Berengar II of Italy seizes Liguria, with help from the feudal lord Oberto I. He re ...
1 T.L.R. 1159, (1951) 115 J.P. 360, 49 L.G.R. 713
*''Campbell v Wallsend Shipway and Engineering Co Ltd''
977Crim LR 351,
DC
*''Dillon v R''
982
Year 982 ( CMLXXXII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar.
Events
By place Europe
* Summer – Emperor Otto II (the Red) assembles an imperial expeditionary force at Tar ...
AC 484,
982
Year 982 ( CMLXXXII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar.
Events
By place Europe
* Summer – Emperor Otto II (the Red) assembles an imperial expeditionary force at Tar ...
2 WLR 538,
982
Year 982 ( CMLXXXII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar.
Events
By place Europe
* Summer – Emperor Otto II (the Red) assembles an imperial expeditionary force at Tar ...
1 All ER 1017, 74 Cr App R 274,
982
Year 982 ( CMLXXXII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar.
Events
By place Europe
* Summer – Emperor Otto II (the Red) assembles an imperial expeditionary force at Tar ...
Crim LR 438,
PC
*''Gage v Jones''
983
Year 983 ( CMLXXXIII) was a common year starting on Monday (link will display the full calendar) of the Julian calendar.
Events
By place
Europe
* Summer – Diet of Verona: Emperor Otto II (the Red) declares war against the Byza ...
RTR 508, DC
*''Kynaston v Director of Public Prosecutions'', 87 Cr App R 200, DC
Business transactions
Where it has been proved that "necessary business transactions" have been carried out, it will be presumed, until the contrary is proved, that the said transactions were carried out in the order (if any) that they are required to be carried out. See ''Eaglehill Ltd v J Needham (Builders) Ltd''
973
Year 973 ( CMLXXIII) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar.
Events
By place
Byzantine Empire
* Spring – The Byzantine army, led by General Melias (Domestic of the S ...
AC 992,
HL.
Mechanical contraptions
Where it has been proved that a "mechanical device" is normally in "good working order", it will be presumed, until the contrary is proved, that it was in good working order on any relevant occasion.
[Cooper, Simon & Murphy, Peter & Beaumont, John. Cases & Materials on Evidence. Fourth Edition. Oxford University Press. 1994. pp. 86 and 90] See ''Tingle Jacobs & Co v Kennedy''
9641 WLR 638,
CA
References
{{reflist
Evidence law