Statutory Interpretation, Mischief rule and procedural approach

Question 1

what are the four things to be considered when interpreting statutes, according to Lord Coke in Heydon’s case 1584

Answer 1

1) what was the common law before the making of the act
2) what was the mischief and defect for which the common law did not provide
3) how did parliament try to remedy the mischief
4) the true reason of the remedy

Question 2

RCN (royal college of nursing) v DHSS (1981)

Answer 2

• under abortion act 1967, only medical practitioners can carry out abortions
• the mischief here was the backstreet abortions were now quite common
• the parliament tried to remedy this by stating that because medicine has developed, nurses fall into the category of medical practitioners

Question 3

Smith V Hughes 1960

Answer 3

• prostitute soliciting from a private place
• mischief here was they were causing an annoyance to public
• parliament tried to remedy this by making sure she was still charged

Question 4

why is. it’s an advantage that the mischief rule give the judges flexibility

Answer 4

• produces more just outcomes

- allows the law to develop and adapt to change needs, eg RCN v DHSS

Question 5

Why might the mischief rule be difficult to apply new situations

Answer 5

-It leads to Judicial lawmaking, judges are an elected which mean that is impossible to know when the judge will use it which then causes uncertainty which leads to lawyers not being able to advise their clients

Question 6

Jones V Tower Boot Company 1997

Answer 6

• claimant was a victim of physical and verbal abuse from colleagues that was of racist nature
• employer claim to not be liable but he was actually charged

Question 7

Quintaville

Answer 7

• allows law to keep up to date with changing technology

- someone use cloned embryos as research and the Parliament did allow this

Question 8

Fitzpatrick v Stirling Housing Assocation 1999

Answer 8

• same-sex couples have the same entitlement as other couples when it comes to housing rights
• however the disadvantage here is it allows unelected judges to make the law

Question 9

Lord Denning (purposive approach)

Answer 9

‘we sit here to find the intention of parliament and carry it out’