Extrinsic Aids Flashcards
What are extrinsic aids?
These are matters which are outside the Act
Since when have extrinsic aids been accepted?
it has always been accepted that external sources can help explain the meaning of an Act
What are the 4 undisputed external sources which help to explain the meaning of an Act?
- previous Acts of Parliament on the same topic
- historical setting
- earlier case law
- dictionaries of the time
What are the 3 extrinsic aids which are now accepted as external sources to help explain the meaning of an Act?
- Hansard
- Reports of law reform bodies
- International Conventions, Regulations or Directives
What is Hansard?
the official report of what was said in Parliament when the Act was debated
What is an example of a law reform body which is now accepted as an external source to help explain the meaning of an Act?
the Law Commission
Until what year was there a firm rule that the courts could not look at what was said in dates in Parliament?
1992
In what case had Lord Denning tried to attack the ban on Hansard but failed?
In Davis v Johnson 1979
In what case did the House of Lords relax the rules on Hansard to be used in a limited way?
Pepper v Hart 1993
When may Hansard only be used as an extrinsic aid?
when the words of the Act are ambiguous or obscure or lead to an absurdity
What did the Lord Chancellor who opposed the use of Hansard point out about Hansard?
that it would take considerable time and cost to research Hansard in every case
When is the only time that a wider use of Hansard is permitted?
Where the court is considering an Act that introduced an international convention or European Directive into English law
When was the wider use of Hansard used in a case?
in Three Rivers District Council and others v Bank of England 1996
TRDC&OvBOE 1996
Ina situation, such as in ‘Three Rivers District Council & Others v Bank of England 1996,’ in what way is it important to interpret the statute even if the statute does not appear to be ambiguous or obscure ?
purposively and consistently with any European materials
One did one solicitor estimate the use of Hansard in a case added to the court bill (%)?
25%
In what case in 1975 was the use of Law reform reports relaxed?
Black Clawson case 1975
Why was the use of Law reform reports accepted in Black Clawson came 1975?
as it was needed to be looked at to discover the mischief or gap in try law which the legislation based on the report was designed to deal with
Until Pepper V Hart 1993 what have Hansard have been a breach of ?
Parliamentary privilege.
Why are dictionaries the most commonly used external aid ?
because they will define the plain, ordinary meaning of a word
What case illustrates how the judges looking at the historical setting in which the words of the Act intended something which they did not know was possible?
Royal College Nursing v DHSS 1981
“medical practitioner”
In what case would a dictionary o the appropriate time by useful?
DPP v Cheeseman 1990
What case illustrates the use of European Law as an extrinsic aid ?
Fothergill v Monarch Airlines Ltd 1980
What did the HOL decide in the case of Fothergill v Monarch Airlines Ltd 1980?
the HOL decided that the original convention should be considered as it was possible that in translating and adapting the convention to our legislative process that the true meaning might have been lost
What year was the Interpretation Act?
1978
Cases from any branch of law and from any jurisdiction are used by the courts to assist interpretation. So, in criminal manslaughter the courts used which civil case?
Donoghue v Stephenson 1932
Why, in criminal manslaughter did the courts use the civil case Donoghue v Stephenson 1932?
to assist in deciding the scope of negligence
From what year have explanatory notes been produced along side bills?
1998
What do explanatory notes do?
These usually explain the background to any proposed law and summarises its main points.
What 3 extrinsic aids were considered in the case Laroche v Spirit of Adventure Ltd 2009?
- Dictionary
- European Convention
- Statutory Instrument
What was the case which included 3 sources of extrinsic aids?
Laroche v Spirit of Adventure Ltd 2009
What were the words in dispute in the case of Laroche v Spirit of Adventure Ltd 2009?
did a hot air balloon suffice as “aircraft”
Why was the claim dismissed due to the fact the courts deemed the hot air balloon an aircraft in Laroche v Spirit of Adventure Ltd 2009?
as the claim was not made within 2 years
Who writes explanatory notes?
-government department responsible for the Act once it has been given Royal Assent
What does the Interpretation Act 1978 provide?
definitions of certain words that are often used in Acts
What is an example of what the Interpretation Act 1978 provides?
provides that masculine shall include the feminine and singular words include the plural unless a contrary intention appears within the Act
