Statutory interpretation Flashcards
The 3 rules
The literal rule
The golden rule
The mischief rule
The literal rule
Give words to their plain meaning and use the law exactly to the letter,
“If the words are clear then you must follow them even they they lead to a manifest absurdity” - Lord Esher
Whiteley v Chappell
Illegal to impersonate anyone entitled to vote, D impersonated a dead person, so technically they cant vote, found not guilty.
London and North Eastern Railway co v Berriman
Railway worker killed while doing work, his widow tried to claim compensation as there was not a look out man as should have been provided, claim failed as Fatal Accidents act states ‘for relaying or repairing’ and he wasn’t doing that
The Golden rule
Looks at literal meaning, but then works to avoid an absurd decision.
“it is a cardinal principle applicable to all kinds of statues that you may not for any reason attach to a statutory provision” - Lord Reid
Adler v George
Official Secrets Act made it an offence to obstruct her Majestys forces in the vicinity of a prohibited place, D committed an offence actually in the area prohibited not the vicinity,
Found guilty as it would be absurd to not carry the law
Re Sigsworth
Son murdered his Mother, he would have got the money from her will however courts decided that it would be unfair for him to profit of off killing his mother.
Mischief rule
Test from Heydon’s case
1) What was the common law before making the act
2) what was the mischief and defect for which the common law did not provide
3) what was the remedy the parliament hath resolved and appointed to cure the disease of the commonwealth
4) The true reason of the remedy. Then the office of all the judges is always to make such construction as shall suppress the mischief and advance the remedy.
