STATUTORY INTERPRETATION

Question 1

What is Statutory Interpretation?

Answer 1

The interpretation of statutes by judges.

1. Acts should be clear and explicit (are not always).
2. Judges use powers to interpret wording in Acts to discover meaning and purpose. (Statutory Interpretation)?
3. Some Acts assist interpretation by including interpretation clauses or sections e.g. Theft Act 1968
4. Disputes often arise over the meaning of words within and Act.

Interpretation Act 1978 helps Judges interpret genera words e.g. ‘he’ also includes ‘she’.

Question 2

Why do we need Statutory Interpretation?

Answer 2

1. Broad terms
2. Ambiguity
3. Drafting error
4. New developments (in law not covered by current legislation)
5. Changes in the use of language
6. Human Rights Act 1998- Act may need to be interpreted to adhere to the European Convention of Human Rights.

Question 3

What is the Literal Rule?

Answer 3

Courts give the plain, ordinary meaning to words. This is the starting point for any interpretation regardless of absurdity.
E.g. R v Harris [1836] the biting of nose not covered under statue, an offence ‘to stab cut or wound’- instrument had to be used. Defendants conviction quashed.

Question 4

Advantages of the Literal Rule

Answer 4

1. Leaves law-making to Parliament.
2. Respects Parliamentary Sovereignty.
3. Makes law more certain.
4. Identifies flaws within Acts of Parliament e.g. Fisher v Bell (defendant not guilty as didn’t sell or offer to sell a flick knife- only invitation to treat. After this it was clear the law needed o be changed to stop/deter such behavior).

Question 5

Disadvantages of the Literal Rule

Answer 5

1. Can lead to absurd result e.g. Whitely v Chappell (allowed to impersonate a dead person to vote as the person had to be entailed to vote for it to be an offence and a dead person was not).
2. Can lead to unjust decisions e.g. London & North Eastern Railway Co v Berriman (The man killed was maintaining the track not repairing or relaying it so did not need a look out so widow did not get claim under Fatal Accidents Act 1864).
3. Words can be polysemic.
4. Assumes that every act is perfectly drafted and defined.

Question 6

What is the Golden Rule?

Answer 6

It respects the exact words of Parliament, expect in limited situations and tries to prevent absurdity and injustice (only reason to use and pick meaning) and try to put into practice what Parliament meant (R v Allen ‘Marry’ interpreted in Offences Against the Person At 1861 as legally married to a person allowed bigamy to be nonchargeable so it was interpreted to a person went through a marriage ceremony). can choose meanings. The Literal Rule will apply unless it leads to absurdity.

Some argue it gives a wider approach and some say it gives a narrower approach.

Question 7

Advantages of the Golden Rule

Answer 7

1. Respects the exact wording of Parliament, except in limited situations.
2. Can prevent absurdity and injustice caused by the Literal Rule.
3. Helps court put into Practice what Parliament meany (R v Allen).

Question 8

Disadvantages of the Golden Rule

Answer 8

1. Provides no clear meaning of an absurd result and it is the judge’s decision-could create inconsistency and unpredictability, the thing they are trying to prevent.
2. It has limited scope (Grey v Person and obstructing a member of the armed forces ‘in the vicinity’- ‘near to’ charged Section 3 of Official Secrets Act 1920 for being caught inside an RAF base. Court held that it meant ‘near to’ or ‘near to and within’ so charged. Chose latter (recent) interpretation. Unpredictable in terms of when it is going to be used which makes it harder for lawyers to advise their clients effectively. It has limited use on rare occasions.
3. Provides an avenue for judicial law making.

Question 9

What is the Mischief Rule?

Answer 9

Courts will look at what the common law was before the Act was passed in order to discover what ‘mischief’ gap the Act was intended to cover.

Cover the gap by interpreting Act a certain way:
Heydon’s Case [1584] court held that 4 points to consider what interpretating.

1. What was the common law before?
2. What was the mischief (gap) for which the common law could not provide?
3. What has Parliament done to remedy this mischief (gap)?
4. The reason for the remedy.

Question 10

Advantages of the Mischief Rule.

Answer 10

1. Helps avoid absurdity and injustice.
2. Looks at the gap in the previous law and interprets the words to achieve the mischief that was to be remedied. (Smith v Hughes 1960 The Street Offences Act 1959 made it an offence for a prostitute to loiter or solicit in a public street for the purpose of prostitution. Woman charged was not in street but tapping on window in private dwelling so MR was used to interpret the Act to meet street, doorway or at a window- fix the gap, ambiguity). CORRCTS THE LAW.

Question 11

Disadvantages of the Mischief Rule

Answer 11

1. Heydon’s Case is quite archaic (old), rule may be less appropriate now that the legislative situation is different.
2. Creates the risk of judicial law-making and goes against the doctrine of separation of powers.
3. May lead to uncertainty in the law (situation dependent as judges interpret differently).

Question 12

What is the Purposive Approach?

Answer 12

The courts don’t just look at the gap that was in the old law, they also decide on what they believe Parliament intended.

Question 13

Purposive Approach and European Law

Answer 13

It has been adopted by the European Court of Justice to interpret E law. The influence has been passed onto the UK in 2 ways:

1. They have to accept that, the purposive approach is the correct one to use when dealing with E law.
2. Using it for E law, makes judges more accustomed to it, and therefore more likely to apply it to English law.

Question 14

Advantages of the Purposive Approach

Answer 14

1. Leads to justice in individual cases.
2. Broad approach covers more situations (Pickstone v Freemans PLc [1988] female warehouse operative claimed her work was equal value to male workhouse checker paid £4.22 more a week. Males in job paid same as her but the work not- The Literal Interpretation of the Equal Pay Act 1970 suggested ‘equal value’ relating to pay but would have breached treaty obligations to give effect to the Equal Pay Directive. Court used PA to interpret it as work done rather than job title.
3. Fills gaps in the law.
4. Allows for new technology (R v Secretary of State For Health- The Human Embryology and Fertilisation Act 1990 prevent misuse of embryos created through fertilization. Parliament was unaware of development fertilization through CNR. Courts interpretated that it would have been Parliaments intention, if they would have known it, the Act would have covered embroys created by CNR.

Question 15

Disadvantages of the Purposive Approach

Answer 15

1. Leads to judicial law making.
   Magnor and St Mellons v Newport Corporation [1950]- Lord Scarman “If Parliament says one thing but means another, it is not…for the courts to correct it”.
2. Can make law uncertain.
3. Difficult to discover the intention of Parliament.

Question 16

What is Ejusdem Generis?

Answer 16

Known as the ‘General Rule’. Where there are a list of words followed by general words, then general words are limited to the same kind of items as specific words. There must be at least two words in a list before the general word or phrase for rule to operate e.g. Dogs, Cats and other animals.

Question 17

Cases relating too Ejusdem Generis

Answer 17

Wood v Commission of Police of the Metropolis [1986]
Courts held that in s.4 of the Vagrancy Act 1924 that ‘any gun, pistol, hanger, cutlass, bludgeon, or other offensive weapon’ did not include a piece of glass. Specific words- purpose of causing injury P of glass was not.

Question 18

What is Expressio unius exlusio alterius?

Answer 18

Known as the ‘Specific Rule’. Where a list of words which is not followed by general words then the Act applies only to the items in the list e.g. Persian Cats/ Lions, Tigers and Bears.

Question 19

Cases relating to Expressio unius exlusio alterius.

Answer 19

Tempest v Kilner [1846]
The list ‘goods, wares and merchandise’ from Statute of Fraud 1677 was not followed by any general words so court decided contracts relating to them three were effected by statute and stocks and shares not mentioned so weren’t.

Question 20

What is Noscitur a sociis?

Answer 20

Known as the ‘Context Rule’. Words must be looked at in their context and interpreted accordingly which involves looking at the words in the same section or other sections in the Act e.g. ‘Tyres, geards and oil’- relates to car oil not cooking oil.

Question 21

Cases relating to Noscitur a sociis

Answer 21

Inland Revenue Commissioners v Frere [1965]
Statute concerned set out rules for payment of ‘Interest, annuities and other annual interest.’ Interest on own could mean any. But due to ‘other annual interest’ in the section, court agreed it only meant annual interest.

Question 22

What are Instrinsic Aids?

Answer 22

Title of the Statute- long/short.
The Preamble (P purpose for enacting).
The long title may contain Parliament's intent.
Headings of groups of sections.
Marginal notes (not P intent as they have been added later by the printer as helpful comments).

Question 23

Advantages of Instrinsic Aids

Answer 23

1. Helps makes the law clearer.

2. Long title sets out the main purpose of the Act.

Question 24

Disadvantages of Instrinsic Aids

Answer 24

1. Not all intrinsic aids are located in every statute.
2. Some headings are inputted by the printer not P (not P intent).
3. Definitions aren’t always included within statutes, lading to uncertainty and judicial law-making, e.g. ‘dishonesty’ in Theft Act 1968.

Question 25

What are Extrinsic Aids?

Answer 25

``` Previous Acts on same topic. Historical Setting. Earlier case law. Dictionaries of the time. Explanatory Notes. ``` Hansard. Reports. International Conventions, Regulations or Directives.

Question 26

What is Hansard?

Answer 26

The official report of what was said in Parliament when the Act was debated. Before case of Pepper v Hart [1996] Hansard was not allowed to be seen by court. May only be used: 1. Words of Act are ambiguous or obscure and will lead to absurdity. 2. If there was a clear statement by the Minister introducing the Legislation, which would resolve ambiguity/absurdity. 3. Statement relied upon is clear. Can be given wider use- Court considering an Act that introduced an International Convention or European Directive into English Law- Three Rivers District Council v Bank of England [1996]. Ensure it was passed to give effect to international obligations.

Question 27

Advantages of Hansard

Answer 27

1. Available for everyone to consult. 2. Can be helpful in some cases and can immediately make clear what had previously been obscure e.g. meaning of the S. 21 of the Electricity Act 1989 in AE Beckett & Sons v Midland Electricity [2001].

Question 28

Disadvantages of Hansard

Answer 28

1. Not always helpful like in R v Deegan [1998] Minister statements on 'folding pocketknife' in debate were not clear and refused to take them into account. 2. Cost to obtain it is quite high.

Question 29

What are Law Reports?

Answer 29

Generally by the Law Commission in relation to law reform intended which led to the passing of the Act. Black v Clawson [1975]- allows them to be used. Helps court identify mischief/gap in the law previously. Helps courts understand the purpose of the law. Aid with finding Parliament's intention. Some are not accepted by whole gov or P. P may change the purpose or intention of the report during the legislative process, rendering the report useless.

Question 30

Advantages of Law Reports

Answer 30

1. Are issued after research, consultation and considerable preparation (law reform bodies). 2. Will set out reasons for their proposed changes to the law and will help court understand the purpose for the new law. 3. Helps with finding intention of P. 4. Help court identify what the previous law was before the Act and what was suggested to fill the gap in the law. HELP MISCHIEF RULE Reliable source

Question 31

Disadvantages of Law Reports

Answer 31

1. Some cases proposals for reform and/or the draft Bill will not be wholly accepted by the government, and they will include different changes to the Bill, or it may be changed through the legislative process. 2. Law Commission reports are only available for limited areas of law.

Question 32

What are International Conventions? (Case Example)

Answer 32

Fothergill v Monarch Airlines Ltd [1980] HOL decided that original convention should be considered. It was possible that in translating and adapting it to our legislative process, the true meaning of the original might have been lost. Courts look at the original convention to determine its purpose and meaning.

Question 33

EU LAW and Statutory Interpretation (?)

Answer 33

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