"Retrospective application" refers to implementing or enforcing something after it has already happened, usually when applying it to events or situations from the past. It means looking backward and using the new rule, action, or decision to impact previous occurrences.
Full definition
The Court of Appeal held that the costs consideration amendment was intended to have
retrospective application because there was no vested right to costs and costs legislation is procedural in nature.
The Court of Appeal held that the statutory deductible amendment was intended to have
retrospective application based on a contextual analysis of related provisions of the Insurance Act and the reasoning that «since the jury awards damages in today's dollars, the quantum of the deductible should similarly be calculated in today's dollars».
The Court said that it was unnecessary to decide this issue, however, since a contextual analysis of the relevant statutory provisions and the statutory history clearly pointed toward an
intended retrospective application.
With seven years of post-qualified experience as a private client solicitor, he has a particular interest in current and
retrospective applications for NHS Continuing Healthcare Funding and residential care funding issues.
Using the money to lower your overall bond payment or repayment time frame is one of the more powerful ways of utilizing the grant, and
with retrospective applications, this is usually the only way to do so.
One thing to watch out for with these changes is that there will be a difference in
the retrospective application of the two changes.
Importantly, and as Duarte et al. (2014) make clear,
a retrospective application of scientific scepticism such as the one that follows could — and should — be applied to any piece of / body of research.
In contrast, the absence of similar temporal language in the subject amendment was significant and supported the view that the legislature intended the current change to have
retrospective application.
The second is whether AMP provisions have
retrospective application.
Criminal Law: Parole Canada (Attorney General) v. Whaling (B.C.C.A., Nov. 2, 2012)(35024) Mar. 20, 2014
The retrospective application of delayed day parole eligibility violates the s. 11 (h) right not to be «punished... again», and is not justified under s. 1.
The Attorney General failed to establish that ``...
retrospective application of the Abolition of Early Parole Act serves a pressing and substantial government objective, is rationally connected to that objective, minimally impairs the Charter right, and that its salutary benefits outweigh its detrimental effects.»
For the purposes of this article, I intend to focus on what I consider to be the most controversial aspect of the decisions, and the only one likely to be the subject of a leave application to the Supreme Court of Canada: prejudgment interest, and more generally
the retrospective application of legislative amendments.
First, the common law generally presumes that legislation does not have
retrospective application.
The only plausible conclusion is that the legislature intended for the change to have
retrospective application.
The provisions of the CJA taken together are clear that the rate of PJI does not form a substantive or vested right and the statutory history strongly suggested that the legislature intended for the amendment to have
retrospective application.
The Court of Appeal disagreed and held that the section would have
retrospective application.
Smith v Carillion [2015] EWCA Civ 209 [2015] IRLR 467 Acting for the Secretary of State on appeal relating to adequacy of protection against blacklisting, employment status,
retrospective application of the HRA and declarations of incompatibility
Ecojustice proposes to make «brief submissions» about the appropriateness of rebutting the presumption against
the retrospective application of the provision.
There is a second solution to this problem —
retrospective applications.