The purposive approach

Question 1

What is the purposive approach?

Answer 1

Looks beyond the mischief rule and judges decide what they believe parliament meant to achieve

Question 2

R V Registrar general ex parte smith incident?

Answer 2

.Smith was a murderer detained and suffering from a psychotic illness and applied to obtain his birth certificate under the adoption act
.Psychiatrist though he would be hostile towards his mother so courts ruled to not promote serious crime

Question 3

R V Registrar general ex parte smith held?

Answer 3

There was a risk to the mother so they ruled no info needed to be supplied

Question 4

Fitzpatrick V Sterling housing association incident?

Answer 4

.Homosexual couple lived together before a civil partnership

.Tenant died and left house to younger partner

Question 5

Fitzpatrick V Sterling housing association held?

Answer 5

HOL interpreted provisions of rent act to allow a close and loving gay relationship to fall within statutory wording of “family”. the house went to the widower and it fell under human rights law

Question 6

Ghaidan V Godin-Mendoza incident?

Answer 6

.Similar to fitzpatrick

Question 7

Ghaidan V Godin-Mendoza held?

Answer 7

.HOL ruled that a homosexual tenant need no longer rely on being part of a “family” but could instead claim to be the surviving spouse of a gay partner

Question 8

advantages

Answer 8

.justice is done

.useful where theres new tech

Question 9

disadvantages

Answer 9

judges refuse to use plod