Presumption of regularity
Encyclopedia
The presumption of regularity is a presumption
Presumption
In the law of evidence, a presumption of a particular fact can be made without the aid of proof in some situations. The types of presumption includes a rebuttable discretionary presumption, a rebuttable mandatory presumption, and an irrebuttable or conclusive presumption. The invocation of a...

 that forms part of the law of evidence of England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

.

It is expressed by the maxim of law
Legal maxim
A legal maxim is an established principle or proposition. The Latin term, apparently a variant on maxima, is not to be found in Roman law with any meaning exactly analogous to that of a legal maxim in the Medieval or modern sense of the word, but the treatises of many of the Roman jurists on...

 "omnia praesumuntur rite et solemniter essa acta donec probetur in contrarium", which may be shortened to "omnia praesumuntur rite et solemniter essa acta" or "omnia praesumuntur rite essa 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
    Court for Crown Cases Reserved
    The Court for Crown Cases Reserved was an English appellate court for criminal cases established in 1848 to hear references from the trial judge. It did not allow a retrial, only judgment on a point of law. Neither did it create a right of appeal and only a few selected cases were heard every...

  • Campbell v Wallsend Shipway and Engineering Co Ltd [1977] Crim LR 351, DC
    Divisional Court
    A Divisional Court, in relation to the High Court of Justice of England and Wales, means a court sitting with at least two judges. Matters heard by a Divisional Court include some criminal cases in the High Court as well as certain judicial review cases...

  • Dillon v R [1982] AC 484, [1982] 2 WLR 538, [1982] 1 All ER 1017, 74 Cr App R 274, [1982] Crim LR 438, PC
    Privy council
    A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...

  • Gage v Jones [1983] 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 [1973] AC 992, HL
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....

.

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. See Tingle Jacobs & Co v Kennedy [1964] 1 WLR 638, CA
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...

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