English Legal System

Question 1

Literal approach

Answer 1

Plain ordinary meaning - Berriman

Question 2

Purposive approach

Answer 2

Looking at the reasons why the law was passed and interpreting it accordingly - Royal College of Nursing

Question 3

Internal aids

Answer 3

Within the act - Theft Act 1968, Shah and Shah

Question 4

External aids

Answer 4

Outside the act -
Hansard (Pepper v Hart), what was said in parliament when the act was debated
Law commission reports (Black-Clawson)
Dictionaries (Cheeseman v DPP)

Question 5

Impact of EU law

Answer 5

Had made our judges more ready to use purposive approach
Interpreting national law in light / aim of EU law. Marleasing case.

Question 6

Impact of Human Rights Act 1998

Answer 6

Legislation must be compatible with human rights act. Mendoza v Ghaidan

Question 7

Golden rule

Answer 7

Can choose the best interpretation of ambiguous words or avoid an absurd / repugnant result. Adler v George, Re Sigsworth

Question 8

Mischief rule

Answer 8

Looks at the gap in the law prior to the act and interprets words to prevent mischief. Smith v Hughes - prostitutes in windows, doorways and balconies were in a street / public place.