Statutory Interpretation - Purposive Approach

Question 1

What is the Purposive Approach?

Answer 1

Judges consider the purpose of the Act when interpreting the Act.

Question 2

What the did the Judge say in Pepper V Hart?

Answer 2

'’The days have long passed when the courts adopted a literal approach to interpretation. The courts now adopt a purposive approach which seeks to give effect to the true purpose of legislation and are prepared to look at other material that explains the background against which the legislation was enacted’’

Question 3

What 3 cases can be used when describing the Purposive Approach?

Answer 3

1) Maunsell V Olins
2) Jones V Tower Boot Co
3) R V Bentham

Question 4

Describe Maunsell V Olins

Answer 4

HoL had to determine whether a farm cottage attached to a farmhouse constituted ‘premises’ under the Rent Act. Lord Simon set out 2-teir test under the purposive approach. 1) Consider the knowledge and statutory objective of the draftsman 2) ascertain the meaning of the statutory language

Question 5

Describe Jones V Tower Boot Co.

Answer 5

Jones (16 and mixed-race) was being abused by fellow workers both mental and physical. The acts carried out by the fellow workers took place ‘‘in the course of employment’’ so the employers were liable

Question 6

Describe R V Bentham

Answer 6

D broke into the house of his former employer A , using his fingers he gave the impression of a gun in his pocket and robbed A. Firearms Act intended to protect against fear of a gun. If it had the appearance of a firearm then the jury could find D guilty.

Question 7

Give 3 advantages of the Purposive Approach

Answer 7

1) Fairest Approach
2) Allows the law to quickly develop
3) Allows for Parliament to make mistakes

Question 8

Give 3 disadvantages of the Purposive Approach

Answer 8

1) Seen as too flexible
2) Undermines Parliamentary Sovereignty
3) Harder for lawyers to advise their clients correctly