Essay Plan for Statutory Interpretation

Question 1

The Literal Rule

Answer 1

1.Define it (what is it?)
E.G. Pinner v Everett - Lord Reid said “ the natural and ordinary meaning of that word”
2. An example of when it was used e.g. Berriman, Whitely v Chappell or Fisher v Bell.
You must identify: The statute, phrase in question, how it was interpreted, how was the case decided/how was the rule used?
3. Absurd/unfair result Vs Parliamentary Sovereignty

Question 2

The Purposive Approach

Answer 2

Looking at the PURPOSE of the Act. What was the Act trying to do. The modern rule.
2. Case example e.g. R v Registrar General ex parte Smith/ Jones v Tower Boot.
You must identify: The statute, phrase in question, how it was interpreted, how was the case decided/ what was the PURPOSE of the statute?
4. Other things to consider: Can use aids to find purpose, not easy to find purpose, parliamentary sovereignty?

Question 3

Intrinsic Aids

Answer 3

1. What is an aid and more specifically what is an intrinsic aid.
2. Preamble, Short title, Marginal notes, Headings, Definition sections.
   e.g Theft Act 1968 has a definition section to define “Property”
   NB Use aids that you have an example for or have more to say about them. The ones that are underlined are useful.

Question 4

Extrinsic Aids

Answer 4

Extrinsic Aids
1. What is an aid and more specifically what is an extrinsic aid.
2. E.g. Explanatory notes, dictionaries, law reform reports (DPP v Bull), Hansard (Pepper v Hart) and Other Acts of parliament (Interpretation Act 1978 or earlier statutes on same issue)
Explain what your example is (Hansard is a transcript if debates that happen in parliament), why is it useful (useful because judges can read what the MPs were trying to achieve or prevent when debating an Act) and a case example (Pepper v Hart allowed judges to use hansard).

Question 5

Expressio unius est exclusio alterius

Answer 5

• Inclusion of one type excludes the other
• Inhabitants of Sedgley 1837
• Rates were charged on “land, titles and coal mines”

Question 6

Noscitur a sociis

Answer 6

• To be interpreted in context
• Inland Revenue Commisionners v Frere 1965
• “interest, annuities or other annual interest.”

Question 7

Ejusde Generis

Answer 7

• Things of the same kind
• Powell v Kempton Park Racecourse 1899
• The Betting Act 1853 Offence to keep and house, office or other place for betting.
• Not outside.

Question 8

Exam Tips

Answer 8

• Cases and examples are crucial! BUT remember to get the cases right – learn the reason for the case not just the case facts. You must apply the rule to the case!
• Read the question and only answer the question. E.G If it only asks for disadvantages then it only wants disadvantages!
• Look at past questions and the mark schemes