The presumption of regularity is a
presumption
In law, a presumption is an "inference of a particular fact". There are two types of presumptions: rebuttable presumptions and irrebuttable (or conclusive) presumptions. A rebuttable presumption will either shift the burden of production (requir ...
that forms part of the law of evidence of
England and Wales
England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, 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. Th ...
.
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.
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 (Roman numerals, CMLI) was a common year starting on Wednesday of the Julian calendar.
Events
By place
Europe
* King Berengar II of Italy seizes Liguria, with help from the feudal lord Oberto I. He reorganizes the territorie ...
2 K.B. 379,
951
Year 951 (Roman numerals, CMLI) was a common year starting on Wednesday of the Julian calendar.
Events
By place
Europe
* King Berengar II of Italy seizes Liguria, with help from the feudal lord Oberto I. He reorganizes the territorie ...
1 All E.R. 1049,
951
Year 951 (Roman numerals, CMLI) was a common year starting on Wednesday of the Julian calendar.
Events
By place
Europe
* King Berengar II of Italy seizes Liguria, with help from the feudal lord Oberto I. He reorganizes the territorie ...
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''
982AC 484,
9822 WLR 538,
9821 All ER 1017, 74 Cr App R 274,
982Crim LR 438,
PC
*''Gage v Jones''
983RTR 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''
973AC 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