Statutory Interpretation

Question 1

R v Judge of City of London Courts

Answer 1

Literal Rule - plain, ordinary meaning of the Act

Question 2

L & NE railway v Berriman

Answer 2

Literal Rule can lead to harsh decisions (Widow tried to claim compensation for husband who was maintaining the tracks but Fatal Accident Act only allowed claims for those ‘repairing’ or ‘relaying’ tracks)

Question 3

Cheeseman v DPP

Answer 3

Literal Rule can lead to absurd decisions (police witnessed man doing indecent act in public toilet, Town Police Clause Act wrote ‘passengers’ meant use of toilets for ordinary purpose but police were there for a ‘special purpose’)

Question 4

Adler v George

Answer 4

Golden rule is a modification of the literal rule to avoid repugnant and absurd situations (interpret the wording of the Official Secrets Act 1920 ‘in the vicinity of’)

Question 5

Re Sigsworth

Answer 5

Golden rule (Son murdered his mother for his inheritance, courts excluded benefactors who murdered deceased)

Question 6

Heydons Case

Answer 6

Mischief rule looks back in gaps of law 1. what was common law, 2. what problem didn’t it provide, 3. remedy for this problem.

Question 7

Smith v Hughes

Answer 7

Mischief rule (Street Offences Act 1959 said no prostitution ‘on the street’ Defendants were on a balcony)

Question 8

Royal College of Nursing v DHSS

Answer 8

Mischief rule (Abortion Act 1967 said a ‘registered medical practitioner’ could carry out an abortion, no mention of a nurse)

Question 9

R v Registrar General ex Parte Smith

Answer 9

Purposive approach considers purpose of Act (Adoption Act 1976 states that at the age of 18 you can receive birth certificate, D - convicted murderer - wanted to obtain birth certificate courts denied request for the safety of his Birth mother)

Question 10

Brock v DPP

Answer 10

Broad terms - words designed to cover several possibilities (Dangerous Dog Act 1991 ‘any dog of the ‘TYPE’ know as Pitbull terrier)

Question 11

R v Burstow

Answer 11

Drafting error - old Acts brought together and may be difference in wording (House of Lords stated although words have different meaning it would be absurd)

Question 12

New developments

Answer 12

New technology means old acts are outdated (Royal College v DHSS)

Question 13

Change of Language

Answer 13

Meanings change over years (Cheeseman v DPP)

Question 14

Ambiguity

Answer 14

More than one meaning , may not be clear which one to use