Week 6

Question 1

What is the Road Traffic 1972

Answer 1

s99 talks about what is considered to be driving

Question 2

What is the case with the flick knife?

Answer 2

Fisher v Bell [1961] 1 QB 394

Question 3

Fisher v Bell

Answer 3

Shopkeeper has flick knife in shop window with price attached

Ratio: invitation to treat, not an offer. Interpretation of Restrictions of Offensive Weapons Act 1959 in favour of liberty.

Question 4

What is the case with the same sex partners where one dies?

Answer 4

Fitzpatrick v Sterling Housing Association

Question 5

Fitzpatrick v Sterling Housing Association

Answer 5

Thompson was tenant of a flat for 22 years, with Fitzpatrick was same sex partner.

F cared for T for 10 years since bad accident but T died and F was told to get out by landlord.

Ratio: Family included their situation and F could inherit the property. Purpose of the Rent act 1977 and what family is

Question 6

Do court always look to when the legislation was passed?

Answer 6

No, Courts are not stuck with this. Try to give effect to the legislation as to its intended purpose. Legislation can change over time with its meanings

Question 7

Common sense?

Answer 7

Often used as legislation is meant to be written to be understood by everyone, not just lawyers

Question 8

Technical words?

Answer 8

Get technical meaning, often used within a sector so people in that sector will know what it means

Question 9

What should unclear statutes be interpreted to do?

Answer 9

To be compatible with convention rights

Question 10

What is declarator?

Answer 10

Court issued document that sets out the roles and rights of the parties

Question 11

What are the 4 simple rules of interpretation?

Answer 11

Ordinary words have ordinary meaning

Technical words have technical meaning

The act is to be read grammatically

Each part is to be read within the context of the act

Question 12

What is the purposive approach?

Answer 12

Ambiguity is to be read to agree with the purpose of the act - as per Fitzpatrick case

Question 13

What may judges do?

Answer 13

Read in words if the legislation doesn’t make sense. Used sparingly. As per Adler v George

Question 14

Adler v George

Answer 14

Man trespasses but claims he hasn’t because he’s not in the vicinity of the ground when on it.

Ratio: Judge reads in “in or in the vicinity of”, goes against narrowing principle but goes with the purpose of the legislation as it wouldn’t make sense otherwise

Question 15

What is the case where vicinity is involved?

Answer 15

Adler v George

Question 16

What else can judges use?

Answer 16

AIDS

Question 17

What should be done with EU law

Answer 17

Statutes are to be interpreted so as to give effect to applicable EU law. As per merchant fishing attempt stopped.

Question 18

What is a modern approach to interpretation?

Answer 18

Looking at the background material like policy papers, white papers and so on.

Question 19

What are the interpretation acts?

Answer 19

Provisions used to cover certain words and phrases

Interpretation Act 1978

Scotland Act 1998

Interpretation and Legislative Reform Scotland Act 2010

Question 20

Can repealed legislation come back into force?

Answer 20

No, not even if the legislation that repealed it then is repealed itself

Question 21

Definition by example?

Answer 21

Take an expression, give illustrations so court can work-out which situation in it is meant to be applied.

Question 22

What is ejusden generis?

Answer 22

Contents of a list suggest context of possible other add-one not states