Having Due Regard to vs. With Due Regard to

Attribute	Having Due Regard to	With Due Regard to
Definition	Consideration or respect for something	Consideration or respect for something
Usage	Commonly used in legal contexts	Commonly used in formal writing
Formality	More formal	Formal
Meaning	Implies a legal obligation or requirement	Implies a general sense of consideration or respect

When it comes to legal language and terminology, precision is key. Two phrases that are often used in legal documents are "having due regard to" and "with due regard to." While these phrases may seem similar at first glance, they actually have distinct meanings and implications. In this article, we will explore the attributes of each phrase and discuss when it is appropriate to use one over the other.

Definition of Having Due Regard to

The phrase "having due regard to" is commonly used in legal contexts to indicate that a decision or action should take into consideration certain factors or principles. When someone is required to have due regard to something, they are expected to give it proper attention and consideration before making a decision. This phrase implies a level of respect and acknowledgment for the relevant factors involved.

For example, a judge may be instructed to have due regard to the evidence presented in a case before reaching a verdict. This means that the judge must carefully consider the evidence and give it the appropriate weight in their decision-making process. Having due regard to certain factors ensures that decisions are made thoughtfully and fairly.

Definition of With Due Regard to

On the other hand, the phrase "with due regard to" is also used in legal language to indicate consideration for certain factors or principles. However, the key difference is that "with due regard to" implies a more active acknowledgment or implementation of those factors. When someone is required to act with due regard to something, they are expected to actively incorporate it into their decision-making process.

For example, a government agency may be required to act with due regard to environmental regulations when issuing permits for construction projects. This means that the agency must not only consider the environmental impact of the project but also take concrete steps to mitigate any potential harm to the environment. Acting with due regard to certain factors involves a more proactive approach to decision-making.

Key Differences

One of the key differences between "having due regard to" and "with due regard to" is the level of passivity or activity implied by each phrase. "Having due regard to" suggests a more passive acknowledgment or consideration of certain factors, while "with due regard to" implies a more active incorporation or implementation of those factors.

Another difference is the emphasis on respect and acknowledgment. "Having due regard to" emphasizes the importance of giving proper attention and consideration to certain factors, while "with due regard to" emphasizes the importance of actively incorporating those factors into decision-making processes.

When to Use Each Phrase

So, when should you use "having due regard to" versus "with due regard to"? The choice between these two phrases depends on the level of involvement or action required in relation to the factors being considered. If a more passive acknowledgment or consideration is sufficient, then "having due regard to" may be appropriate. However, if a more active incorporation or implementation is necessary, then "with due regard to" would be the better choice.

It is important to carefully consider the specific context and requirements of the situation when deciding which phrase to use. Using the wrong phrase could lead to misunderstandings or misinterpretations of the intended meaning. Therefore, it is crucial to choose the phrase that best conveys the level of involvement or action required in relation to the factors being considered.

Conclusion

In conclusion, the phrases "having due regard to" and "with due regard to" may seem similar at first glance, but they have distinct meanings and implications in legal language. Understanding the differences between these two phrases is essential for ensuring clear and precise communication in legal documents and decision-making processes. By choosing the appropriate phrase based on the level of involvement or action required, individuals can convey their intentions accurately and effectively.