Statutory Interpretation

Question 1

Literal Rule?

Answer 1

• Starting Point for Judges
• Should read the words exactly as they appear even if the outcome is absurd
  -LNER v Berriman 1946

Question 2

LNER v Berriman 1946?

Answer 2

• Railway worker was killed by a train whilst oiling the track.
• Statute provided compensation was payable on death for those ‘relaying or repairing’ the track
• no compensation was given as oiling the tracks was considered ‘maintenance’

Question 3

Literal Rule Advantages?

Answer 3

• judges applying will of parliament
• the result is certain so lawyers can advise their clients on the likely outcome

Question 4

Literal Rule Disadvantages?

Answer 4

• Rule assumes that the Act is perfectly written
• Cannot be used if words to be interpreted are not in an ACT or if the words can have more than one meaning

Question 5

Golden Rule?

Answer 5

• modification of literal rule
• judges start with literal rule but want to prevent absurd outcome
• definition: Jones v DPP
• R v Allen 1872

Question 6

R v Allen 1872?

Answer 6

• Defendant was charged with the offence of bigamy
• Statute states ‘whoever being married shall marry any other person during the lifetime of the former husband or wife is guilty of an offence’
• Defendant found guilty

Question 7

Golden Rule Advantages?

Answer 7

• respects the act of parliament but provides an escape route when using the literal rule
• fewer absurd and unjust result being made

Question 8

Golden Rule Disadvantages?

Answer 8

• Limited in its use
• gives too much power to judges

Question 9

Mischief Rule?

Answer 9

• fills gaps in the law
• provides wider scope than the literal and golden rule
• definition: Heydon’s case
• Smith v Hughes 1960

Question 10

Smith v Hughes 1960 ?

Answer 10

• The defendants were prostitutes who had been charged under the Street Offences Act 1959 which made it an offence to solicit in a public place. The prostitutes were soliciting from private premises in windows or on balconies so could be seen by the public.

Question 11

Mischief Rule Advantages?

Answer 11

• promotes purpose of the law
• More likely to produce a ‘just’ result
• makes sure gaps in the law which were meant to be covered is done

Question 12

Mischief Rule Disadvantages?

Answer 12

• Judicial law making
• makes it difficult for lawyers to advise clients
• can lead to different decisions as judges have different views

Question 13

Purposive Approach?

Answer 13

• looks for purpose of parliament and interprets words accordingly
• used specifically in European statute
• definition - Maunsell v Olins
• Jones v Tower Boot Co 1997

Question 14

Jones v Tower Boot Co 1997?

Answer 14

• Claimant suffered racial abuse at work, which he claimed amounted to racial discrimination for which the employers were liable
• Statute stated it must be in the course of employment
• employer argued it was not as it was being done by other employees

Question 15

Purposive Approach Advantages?

Answer 15

• leads to justice in individual cases/ avoids absurd decisions
• fills gaps in the law
• easier if the law is European

Question 16

Purposive Approach Disadvantages?

Answer 16

• law is less certain
• leads to judicial law making as opposed to democratic law making
• difficult to discover the intention of parliament

Question 17

Internal Aids?

Answer 17

• found within the statute itself

Question 18

External Aids?

Answer 18

• Found outside of the statute

Question 19

Internal Aid: Schedules?

Answer 19

• additions to the main body of text
• e.g. Hunting Act 2004 states ‘Hunting is exempt if it is within a class specified in schedule 1’

Question 20

Internal Aid: Definition Sections?

Answer 20

• The Theft Act s2-6 explain the meaning of the offence of theft stated in s1

Question 21

Internal Aid: Preamble?

Answer 21

• Statement of the Act’s purpose which precedes the main body of the act
• E.g. Climate Change and Sustainable Energy Act 2006 states its principle purpose is to ‘ enhance the UKs contribution to combating climate change’

Question 22

External Aid: Previous Acts?

Answer 22

• Discover how parliament intended the law to develop and the problems in the old law
• E.g. Homicide Act 1957

Question 23

External Aid: Dictionaries of the time

Answer 23

• find literal meaning of words as well as ambiguous words at the time which parliament decided to use when creating the Act
• E.g. Vaughan v Vaughan - interpretation of ‘molest’ = cause trouble/annoy