Bairstow & Ors v RS Moat Houses Plc [1997] EWCA Civ 2290 (7th August, 1997)

Bairstow & Ors v RS Moat Houses Plc [1997] EWCA Civ 2290 (7th August, 1997)

The Civil Evidence Act 1995 does not apply to proceedings begun before its commencement date (31 January 1997) because section 16(3) expressly excludes such application unless transitional provisions are made, which were not. Rules of court and statutory instruments cannot override this statutory exclusion. Orders and directions made in the case related to evidence were sufficient to exclude the application of the new rules even if the Act had applied.

Citation
[1997] EWCA Civ 2290
Parties
Plaintiffs/appellants: John Bairstow & Ors; Defendant/respondent: Queens Moat Houses Plc
Jurisdiction
England and Wales
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Outcome
Appeal allowed
Legal Topics
Retrospective Application of Statutes, Hearsay Evidence, Interpretation of Statutory Instruments, Court Procedural Rules
Civil Procedure Evidence Retrospective Application of Statutes Hearsay Evidence Interpretation of Statutory Instruments Court Procedural Rules

Case Brief

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Parties

John Bairstow & Ors

Plaintiffs/appellants

Queens Moat Houses Plc

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Does the Civil Evidence Act 1995 apply to proceedings commenced before 31 January 1997?
  2. 2 Can rules of court or statutory instruments give retroactive effect to the 1995 Act contrary to section 16(3)?
  3. 3 Do procedural orders or directions in the case affect the applicability of the 1995 Act?

Ratio Decidendi

The Civil Evidence Act 1995 does not apply to proceedings begun before its commencement date (31 January 1997) because section 16(3) expressly excludes such application unless transitional provisions are made, which were not. Rules of court and statutory instruments cannot override this statutory exclusion. Orders and directions made in the case related to evidence were sufficient to exclude the application of the new rules even if the Act had applied.

Court Disposition

Appeal allowed

Orders

  • Declaration that the Civil Evidence Act 1995 does not apply to these proceedings
  • Costs on argument on paragraph 1 of the summons to appellants