Statutory Interpretation Flashcards
Paper 2 Section A
What is the literal rule?
When judges apply the plain, ordinary and literal meaning of the words contained in a statute, often using a dictionary.
Who stated that the literal rule should be followed even if it leads to a manifest absurdity?
Lord Esher.
What does the literal rule respect?
Parliamentary supremacy by following Parliament’s wording exactly.
In which case was the literal rule applied regarding the Fatal Accidents Act 1846?
LNER v Berriman (1946).
What was the circumstance of the victim in LNER v Berriman?
The victim was oiling points on the train line when he was hit and killed.
What did the court determine about oiling in LNER v Berriman?
A lookout was not required for oiling, as it was just ‘routine maintenance’, unlike relaying or repairing.
What was the outcome for Mrs. Berriman in LNER v Berriman?
Mrs. Berriman received no compensation.
In which case was the literal rule applied regarding The Town Police Clauses Act 1847?
DDP v Cheeseman.
What did the TPC Act state in regards to DDP v Cheeseman?
“it is an offence to willfully and indecently expose one’s person in a street to the annoyance of passengers”
How was ‘passengers’ defined in the Oxford English Dictionary of 1847?
As a ‘passer-by’ or ‘traveller’.
Why were the police not considered ‘passengers’ in DDP v Cheeseman?
They were there for a specific purpose, waiting to arrest D, not using the toilet for normal purposes.
What was the verdict for D in DDP v Cheeseman?
D was found not guilty.
What is the golden rule in legal interpretation?
The golden rule allows judges to choose between possible meanings of words (narrow approach) or invent a new meaning to avoid absurdity (broad).
What should judges begin with when applying the golden rule?
Judges should begin by using the literal meaning (literal rule) of words in a statute.
What is a potential drawback of the golden rule?
The golden rule can alter the words of an Act, which may not always respect Parliamentary supremacy.
What case exemplifies the narrow approach of the golden rule?
The narrow approach was used in R v Allen, where the court had to determine the meaning of ‘marry’.
What + where were the two possible meanings of ‘marry’ in R v Allen?
Under the OAPA 1861, the two meanings were to legally marry and to go through a marriage ceremony.
What conclusion did the court reach in R v Allen?
The court chose the second meaning (ceremony) to avoid absurdity (would’ve been bigamy), leading to a guilty verdict.
What case exemplifies the broad approach of the golden rule?
The broad approach was used in Re Sigsworth, where the defendant killed his mother to gain inheritance.
What did the Administration of Estates Act 1925 state regarding inheritance?
It stated that where no will was left, the inheritance should go to the next of kin.
What was the court’s reasoning in Re Sigsworth regarding the defendant’s inheritance?
The court found it absurd for the defendant to benefit from killing, thus interpreting the Act to mean ‘unless D killed his mother’.
What does the mischief rule focus on?
The problem Parliament wanted to stop and interprets the Act to stop that problem
What case established the 4 questions to be asked when using the mischief rule?
Heydon’s Case
List the 2 most important questions to be asked when applying the mischief rule.
- What was the common law before the Act?
- What mischief was the law not addressing?
