Statutory Interpretation

Question 1

Why do we need SI?

Answer 1

Because there are disputes over word meanings

Question 2

What are the 5 reasons that meanings are unclear?

Answer 2

• Broad term - Dangerous dogs Act; what type of dog?
• Ambiguity - one word with 2+ meanings; which to use?
• Drafting error - mistakes can be made, unspotted by Parliament
• New developments - old Acts don’t cover present day situations
• Changes in language use - meanings of words can change over time

Question 3

What are the 4 main common law rules/approaches to SI?

Answer 3

Literal rule
Golden rule
Mischief rule
Purposive approach

Question 4

What is the Literal rule?

Answer 4

Judges giving words their plain, ordinary, dictionary meaning.

Question 5

When should the Literal rule be used?

Answer 5

If words in an Act are clear, then you must follow them even though they lead to a manifest absurdity - Lord Esher

Question 6

When was the Literal rule developed?

Answer 6

Early 19th Century

Question 7

Facts of Whiteley v Chappel

Answer 7

Representation of People Act- offence to impersonate any person entitled to vote.
D voted in own name, and in name of deceased man who was still on voters list

Question 8

Held of Whiteley v Chappel

Answer 8

Dead person not entitled to vote in literal meaning of the words.
Absurd- Impersonation

Question 9

Facts of London & NER v Berriman

Answer 9

Railway worker killed while doing maintenance; oiling railway line. Fatal Accidents Act - A lookout should be provided for men working on/near the line for purposes of relaying/repairing it.

Question 10

Held of London NER v Berriman

Answer 10

Literal meaning; oiling isn’t relaying/repairing.

Harsh decision

Question 11

Disadvantages of the Literal rule

Answer 11

• Unfair/unjust results as the approach is too rigid; bad precedent for future cases.
• Assumes the Act is perfectly written; impossible to ensure every meaning is covered
• ‘Mechanical and divorced from the realities of the use of language’ Zander
• Judges make nonsense of the law; manifest absurdity

Question 12

Advantages of the Literal rule

Answer 12

• Leads to certainty/predictability to the law; solicitors advises clients well
• Judges respect Parliament wishes; democratic
• Judges keep constitutional role in relation to law making

Question 13

What is the Golden rule?

Answer 13

Modification of the Literal rule.

Judges interpret a word/phrase differently to its literal meaning to avoid absurdity

Question 14

What is the Narrow application of the Golden rule?

Answer 14

The courts can only choose between possible meanings of words/phrases, using the least absurd meaning

Question 15

Facts of Adler v George

Answer 15

Official Secrets Act- offence to obstruct a member of HM forces in vicinity of a restricted place.
D obstructed member inside airfield, which was restricted

Question 16

Held of Adler V George

Answer 16

D guilty; ‘in the vicinity’ includes the restricted place to avoid absurdity

Question 17

What is the Wider application of the Golden rule?

Answer 17

Only one clear meaning, but will lead to a repugnant situation. Courts use the rule to modify the word, not leading to absurdity

Question 18

Facts of R v Sigsworth

Answer 18

Son murdered mother. Mother not made will so estate should go to next of kin, meaning the son would inherit.
Courts not prepared to allow benefit for crime; rule not applied

Question 19

Held of R v Sigsworth

Answer 19

Golden rule used to prevent repugnant situation of son inheriting. Issue not entitled to inheritance where they killed the deceased.

Question 20

Disadvantages of the Golden rule

Answer 20

• Ineffective check on Literal rule
• Uncertainty/unpredictability; impossible to know when the rule will be used
• May give to much judge discretion; against SoP
• Absurdity means different things to different judges
• ‘Unpredictable safety valve & feeble parachute’ Zander

Question 21

Advantages of the Golden rule

Answer 21

• Escape route
• Prevents problems of Literal rule
• Avoids repugnant/ absurd outcomes
• Puts into practice Parliament intentions; avoids worst problems of Literal rule
• Only used in limited circumstances, respecting Parliamentary supremacy

Question 22

What is the Mischief rule?

Answer 22

Gives judges more discretion in interpretation, allowing them to look beyond the word to find Parliament intent

Question 23

What points did Heydon’s Case establish?

Answer 23

1. What was the common law before the making of the Act?
2. What was the problem which the common law didn’t provide?
3. What solution did Parliament create?
4. Courts should interpret the statute to make solution as effective as possible

Question 24

When is the Mischief rule used?

Answer 24

To interpret new act to fill in gaps the previous act didn’t cover. Judges rely on extrinsic aids

Question 25

Facts of Smith v Hughes

Answer 25

Street Offence Act- offence for prostitutes to loiter/solicit in street/public place for purposes of prostitution.
Ds moves to balcony and in front of windows of a house and tapped windows/ called men for attention

Question 26

Held of Smith v Hughes

Answer 26

Though they weren’t in public, they attempted to solicit for prostitution purposes

Question 27

Facts of RCN v DHSS

Answer 27

Abortion Act- legalised abortion to condition it had to be carried out by registered medical practitioners. Nurses could induce abortions as well as doctors, but didn’t want to.

Question 28

Held of RCN v DHSS

Answer 28

Nurses deemed to be performing abortion in legal manner and could continue to do so. Mischief was that the Act was to stop backstreet abortions; if new advances meant nurses could carry out abortions then they should

Question 29

Advantages of Mischief Rule

Answer 29

• Gives judges more discretion/flexibility and helps achieve parliamentary intent
• Removes absurd/unjust results and fills in gaps
• Law Commission preference
• Leads to reforming/improving law; each case interpreted to prevent specific mischief - allowing laws to be developed and adapts them to changing social/economic/physical conditions

Question 30

Disadvantages of Mischief rule

Answer 30

• Caused uncertainty/unpredictability; impossible to know when judges will use it
• Risks to judicial law making; goes against SoP and impacts Parliamentary law making
• Little consistency; different decisions reached based on morals/values/prejudice
• Old/outdated ; parliament intent easier to identify
• Limited to looking back at old law; redundant rule