Retrospective/ Retroactivity
X X X X Extracts X X X X
X X X X Extracts X X X X
....ansaction; or (iii) affecting accrued rights and remedies; or (iv) affecting procedure. Words and Phrases, Permanent Edn., Vol. 37-A, pp. 224-25, defines a "retrospective or retroactive law" as one which takes away or impairs vested or accrued rights acquired under existing laws. A retroactive law takes away or impairs vested rights acquired under existing laws, or creates a new obligation,....
X X X X Extracts X X X X
X X X X Extracts X X X X
....n which was completed before the rule was promulgated. The second concept, which will be referred to as 'quasi-retroactivity', occurs when a new rule of law is applied to an act or transaction in the process of completion......The foundation of these concepts is the distinction between completed and pending transactions.... "(T.C. Hartley, The Foundations of European Community Law 129 (1....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Fourth Edition, page 570 para 921)." The question of retrospectively affecting the award is factually of academic interest. It was admitted before the High Court that all amount payable under the award for the prior period has been paid. In Harvard Law Review, Vol. 73, p. 692 it was observed that "it is necessary that the legislature should be able to cure inadvertent defects in statutes or ....
TaxTMI