statutory interpretation

Question 1

What are the 4 problems with interpreting statutes

Answer 1

1. Definitions of words/ groups (Abortion act and RCN v DHSS
2. Parliament can’t provide for every contingency/meanings of words change over time (grievous)
3. Words are often ambiguous (twining v Myers)
4. There may be errors or omissions when the statue is drafted due to rushed legislation or human error (the dangerous digs act 1991)

Question 2

What did Lord Reid day in the Pinner v Everett case about the literal rule

Answer 2

In determining the meaning of any words or phrase in a statute the first question to ask is always what is the natural and ordinary meaning of that word or phrase in its context in the statute

Question 3

Explain the case or berriman (literal rule)

Answer 3

Statute: railway employement (prevention of accidents) act 1900
H: Not entitled to compensation using this he literal rule as her husband had not been literally repairing or relating the lines he had been maintaining the lines

Question 4

Explain the case of Cheese man v DPP (literal rule)

Answer 4

Statute: s38 town police causes act 1847 and s81 public health act 1907
H:Not guilty the stationary policemen were not passengers and so he was acquitted

Question 5

Explain the case of R v munks (literal rule)

Answer 5

Statute: offences against the person’s act 1861
H: Not guilty the electrical circuit he made was no classed as an engine

Question 6

Explain the case of R v Allen in the narrow approach of the golden rule

Answer 6

Statute: s57 the offences against the persons act 1861
H:Court decided that the literal meaning couldn’t have been parliament’s intention when they passed the act so the meaning of ‘go through a ceremony or marriage’ should be given the word ‘marry’ then it would be possible to commit the offence

Question 7

Explain the case of Re sigsworth worth in the broad approach of golden rule

Answer 7

Statute: the administration of estates act
H: Golden rule used to ship him inheriting if interpreted literally he would have been allowed to inherit there was no ambiguity in the words in act but the judges decided that this result would be absurd so parliament could not have intended it

Question 8

What are the 4 steps in heydons case

Answer 8

1. What was the common law (judge made law) before the act
2. What was the defect or mischief for which the common law didn’t remedy (solve)?
3. what remedy does the act attempt to provide?
4. What was the true meaning of the remedy?

Question 9

Explain the case of smith v Hughes in the mischief rule

Answer 9

Statute: street offences act 1959
H:Guilty , the actions at the windows were included in the acts intention (for a inning prostitute to loiter or solicit in a street or public place for the purpose of prostitution)

Question 10

Explain the case of RCN v DHSS in the mischief rule

Answer 10

Statute : abortion act 1967
H: It was legal for nurses to carry out such abortions the act was aimed at doing away with back street abortions where no medical caste was available the actions of the nurses were therefore lawful

Question 11

Explain the case of Eastbourne borough council v Stirling in mischief rule

Answer 11

H: Although the taxi was on private land he was likely to get customers from the street

Question 12

What does Lord denning day about the purposive approach in the case of Magor and st meloins v Newport corporation

Answer 12

We sit here to find out the intention of Parliament and of ministers and carry it out and we do this better by filling in the gaps and making sense if the enactment than by opening it up to destructive analysis

Question 13

What does Lord Simmons say against lord dennings comment on the purposive approach

Answer 13

It was “a naked usurpation of the legislative function under the disguise of interpretation “

Question 14

What did Lord griffiths say in the case of pepper v hart (purposive approach)

Answer 14

“The says have long passed when the courts adopted a strict constructionist view I’d the interpretation which required them to adopt the literal meaning of the language. The courts now adopt a purposive approach which seeks to give effect to the purpose of legislation”

Question 15

Explain the case Of Fitzpatrick v sterling housing association (purposive approach)

Answer 15

Statute: rent act 1977
H: The term “spouse” applied to persona who were legally married and therefore didn’t apply to Fitzpatrick however taking the purposive interpretation the court found that the term family didn’t extend to a legal relationship for the purpose of the act a long standing , close , living relationship could be accepted

Question 16

Explain the case of R v Human Fertilisation and Embryology Authority (purposive approach)

Answer 16

Statute: the human fertilisation and embryology act 1990
H: HL held that the cloned embryos were covered by the statute taking a purposive approach to statutory interpretation clinging had not yet been discovered in 1990 which is why it was excluded for the act not because it was meant to be unregulated or banned

Question 17

Explain the case Of Powell v kempton park racecourse (ejusdem generis)

Answer 17

Words: house, office or other place
H: NG as using the EG rule his betting shop was in the tattershall ring and not indoors as suggested with the listed ‘other places’

Question 18

Explain the case Of R v inhabitants of sedgley (expressio unis exclusio alterius)

Answer 18

The court held that it didn’t apply to limestone mines as these were not specifically mentioned nor did the statute suggest that it would apply to other types of mines

Question 19

Explain the case Of muir v keay (noscitur a sociss used with literal or mischief rule)

Answer 19

Entertainment in the context of act didn’t mean any musical and theatrical entertainment- included other forms of enjoyment e.g. drinking coffee late at night

Question 20

Explain the case of Vaughn v Vaughn to support the use of the extrinsic aids such as dictionaries

Answer 20

Interpret the word ‘molest’ to mean ‘to annoy, cause trouble, annoy or put to inconvenience’ - D’s act resulted in molestation

Question 21

What case supports the use of the extrinsic aid of Hansard

Answer 21

Pepper v hart

Question 22

Explain the case of garland in relation to EU Europe/ international treaties

Answer 22

Held: article 141: each member state shall maintain equal pay for equal work ‘pay’ = wage and any other consideration whether in cash or kind (benefits)

Question 23

what are the effects if the human rights act 1998 on statutory interpretation

Answer 23

1) judges must read all primary, secondary legislation in a way that is compatible with the European convention of human rights
2) there may be several possible interpretations tjat are compatible in the ECHR
3) it may also be that the piece of legislation in question has no human rights implications at all.