1 Flashcards
What are the four rules of interpretation?
Literal rule
Golden rule
Mischief rule
Purposive rule
What will the court do under the literal rule?
Apply the words as written, as long as they have a clear meaning
Under the literal rule, what meaning do words get when there is any ambiguity?
Their clear meaning, even if the result is absurd
Under the literal rule, if the words are clear, must they still be applied as written even if the intention of the legislator was different?
Yes
What is the purpose of the golden rule?
To smooth out the edges of absurd results of the literal rule, by using a different meaning of the word
What will the court do under the mischief rule?
Look at the problem the statute was designed to remedy, and adapt the word of the statute to achieve this result
What will the court do under the purposive rule?
Look at why the statute exists and what it hopes to achieve
What are the latin four rules of language in interpretation?
Expressio unius est exclusio alterius
Noscitur a sociis
In pari materia
Ejusdem generis
What is the translation of expressio unius est exclusio alterius and what is the effect of this rule of language?
Expression of one thing is the exclusion of another.
If one or more things of a class are expressly mentioned in a statute, things not mentioned are excluded.
What is the effect of noscitur a sociis?
A word will be interpreted in the context of the other words in the section/statute
What is the translation of in pari materia and what is the effect of this rule of language?
Upon the same matter/subject
Where there is another statute on the same subject as the one in question, that other statute can be looked to to resolve ambiguities.
What is the translation of ejusdem generis and what is the effect of this rule of language?
Of the same type
If a general word follows two or more specific words, the general word will only apply to items that are like the specific words.
Although similar, what is the difference between noscitur a sociis and ejusdem generis?
Noscitur a sociis concerns interpreting ambiguous words in the context of other words used in the section or statute generally.
Ejusdem generis concerns interpreting a general word (e.g. automobile) which follows specific words (e.g. car and van) in the context of those land-based vehicles and excluding e.g. planes or boats.
What are the four rebuttable presumptions used when interpreting law?
Presumption:
Against allowing statutes to alter common law
Against removing the court’s jurisdiction
That ambiguity in a criminal case will fall in favour of the defendant, and
That statutes cannot be retrospectively applied
What are the monetary limits for the small claims track?
Personal injury: £1,000
PI from road traffic accident: £5,000
Other: £10,000
What are the monetary limits for the fast track?
Personal injury: £10,000
Other: £25,000
What are the two criteria, either of which can be satisfied, for a case to be assigned to the multi-track?
Over £25,000 or
Too complex for fast track (even if under £25k)
Under the literal rule, if the words are clear, must they still be applied as written even if the intention of the legislator was different?
Yes
What are the monetary limits for when a multi-track case may also be started in the High Court, in addition to the County Court?
Personal injury: £50,000
Other: £100,000
What is the maximum sentence for a single offence in the Magistrates’ Court?
12 months, since May 2022
(This has since been returned back to 6 months, but for purposes of July 2023 exam, it is 12)
What is the maximum sentence for a multiple offences in the Magistrates’ Court?
12 months
In what courts do solicitors have an automatic right of audience?
Lower courts, i.e. Magistrates’ Court, County Court, Family
How is the right of audience to the higher courts, i.e. Crown Court, High Court, Court of Appeal, Supreme Court, gained?
Completing additional advocacy assessments and applying for higher rights of audience
From whom is permission to appeal first sought?
The court that made the initial judgment
If the court that made the judgment refuses to grant permission to appeal, what is an applicant’s other option at this stage?
Apply for permission from the court to which the case will be appealed
What two criteria, of which either will be enough, are required for the court who will hear the appeal to grant permission?
Claim looks to have a real prospect of success, or
There is another pressing reason to hear the case
In a criminal case, if a defendant has pleaded guilty, what cannot be appealed?
A
The verdict.
Only the sentence can be appealed where a defendant has pleaded guilty.
In a criminal case in Magistrates Court, on what ground can either party apply to the High Court to hear an appeal?
On the ground that a Magistrate has incorrectly applied procedure, such as denying admissible evidence
In a criminal case, on what ground can either party apply to the Administrative Court (division of the High Court) to hear an appeal?
If they feel that the process of the judgment was incorrect, and in being incorrect, the court acted ultra vires
In a criminal case, who is the only party that can appeal to the Court of Appeal?
Only the convicted party
When should an appeal to the Court of Appeal be made?
Within 28 days of sentencing, but an out of time appeal is possible
What is the horizontal binding effect of decisions of the Court of Appeal in a civil context?
Civil decisions of the Court of Appeal are generally binding on future CoA cases
What is the horizontal binding effect of decisions of the Court of Appeal in a criminal context?
In a criminal context, the CoA has discretion to depart from its own decision if it is convinced the decision is wrong and following it would cause hardship
What determines the horizontal binding effect of decisions of the High Court?
Whether the High Court was acting as an appellate court or a court of first instance
What is the horizontal binding effect of decisions of the High Court where it is acting as an appellate court?
Where the High Court was acting as an appellate court, decisions are binding in future High Court cases
What is the horizontal binding effect of decisions of the High Court where it is acting as a court of first instance?
Where the High Court was acting as a court of first instance, decisions are not binding in future High Court cases
