Aids to statutory interpretation

Question 1

Intrinsic

Answer 1

help/aid is within the act itself to make it clearer (instructions, footnotes or words itself)

Question 2

Extrinsic - anything not in the act itself (dictionary, parliament rules)

Answer 2

anything not in the act itself (dictionary, parliament rules)

Question 3

Human rights act takes precedence

Answer 3

gov wants to get rid of it as they believe it is too lenient

Question 4

Annuity

Answer 4

a payment you get at the end of a yr (usually profit or interest of an asset) another form of interest but done on and annual basis

Question 5

Preamble

Answer 5

explanation of what the law is about (most modern acts don’t use them)

Question 6

Intrinsic aids

Answer 6

Ejusdem generis rule (EGR)
Expressio unius exclusion alterius (EUEA)
Noscitur a sociis (NAS)

Question 7

Ejusdem generis rule (EGR)

Answer 7

• this states that where there is a list of specific words followed by general words
  e.g. apples, oranges, grapes and other seeded fruit e.g. Hobbs v CG Robertson Ltd (1970)
  The general words must all be related e.g. would a lemon be part of this? Yes

Question 8

Expressio unius exclusion alterius (EUEA)

Answer 8

• only specific words e.g. other seeded fruit not included, so a lemon wouldn’t be a part of it e.g. Tempest v Kilner

Question 9

Noscitur a sociis (NAS)

Answer 9

• this means that if the general words at the end of a list clearly states what something is, then it will exclude anything else e.g. tomatoes, grapes and any fruits that grow on a vine
  e.g. Inland Revenue Commissioners v Frere (1965)
  Preambles set out parliament’s intentions in passing the legislation, Intrinsic aids extend to headings to part/sections of the Act as well as marginal notes explaining particular sections
  E.g. Harrow London Borough Council v Shah (1999) charged for selling lottery tickets to a minor, they tried to argue ‘due diligence’ but it wasn’t mentioned in the act they were being charged for

Question 10

A&D of intrinsic aids to SI (12)

Answer 10

A -> terms are included in act, no need to look at extrinsic aids
- words/instructions are included in the act, they’re easy to refer to and understand the purpose

D -> not included in every statute, some intrinsic aids may be placed there by printers and don’t necessarily reflect Parliament’s intention
- particularly with the rules around words, this might lead to a decision which appears unfair but if the words are arranged in a particular way, there is no choice but to interpret them as they’re written

Question 11

Extrinsic aids

Answer 11

Sources outside the Act that can assist in its interpretation
Dictionaries - published at the time the Act was passed
Hansard

Question 12

Hansard

Answer 12

(official record of everything said in Parliament) Before 1992, this couldn’t be used, but after Pepper v Hart (1993) it can now be used but only in a limited way when an act is considered ambiguous or unsure and could lead to an absurdity

Question 13

A&D of Hansard

Answer 13

A -> available for everyone to consults, online and can clear up what the original intent was in records of the bill’s discussion in Parliament
D -> statements made in the debate may not be clear, lawyers can spend a long time reading back over debates, this costs lost of money
Law reform bodies, such as the Law Commission regularly publish reports where they highlight gaps/anomalies in the law

Question 14

Since the Black Clawson case in 1975

Answer 14

the courts have permitted their use these extrinsic aids also in helping to identify any gaps/glitches in the law
A -> problems in the current law are identified and in many cases, a draft bill is included as a suggested alternative
D -> Law Commission reports are only available for limited areas of law, the other problem is any of the proposals or draft bills might have been rejected by government so that
Parliament’s intention differs from the report

Question 15

Effects of EU law on statutory interpretation

Answer 15

Most EU members states are European Court of Justice use the purposive approach
English courts have adopted the same approach when interpreting law that has passed as a result of having to conform to EU law
This strict requirement will no longer apply after Brexit

Question 16

Effects of the Human Rights Act 1998 on statutory interpretation

Answer 16

• this law is probably the most important law in the UK, all other laws must be compatible with the Human Rights Act as it affects the rights/liberties of all citizens. If a law is found by the courts to breach the Human Rights Acts then it must be amended/scrapped. Any citizen who feels that their human rights have been infringed/violated can go to court using the Human Rights Act
• Legislation must be read and given effect in a way which is compatible with the European Convention on Human Rights (signed back in 1997) every european country is part of this apart from Russia and Belarus
• This doesn’t include where human rights aren’t involved
  Mendoza v Ghaidan (2002)

Question 17

Why statutory interpretation is needed

Answer 17

Failure of legislation to cover a specific point - if specific points are not covered it may lead to confusion
A broad term - certain words may be designed to cover several possibilities
Ambiguity - a word may have more than one meaning so interpretation is needed to know which meaning should be used.
Drafting errors - A drafstman may make a mistake and this can cause further problems
New technological developments - an old Act of Parliament may not be covered through present day situations e.g. Quintavalle case (2003)

Question 18

Different types of intrinsic aids:

Answer 18

Instructions, footnotes, preamble, long headings and short headings. These are usually within the act itself and makes it clearer

Question 19

Different types of extrinsic aids:

Answer 19

Dictionary, Hansard, The Law Commission reports and previous Acts of parliament. These are helpful because resources such as the Hansard and dictionaries can be found online so it is available for everyone to use.