Stat Interp - descriptions and cases
- Created by: elliecallaghan98
- Created on: 30-11-15 20:14
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- Statutory Interpretation
- Literal Rule
- Uses "ordinary, natural" meaning
- Sussex Peerage Case (1844)
- Uses OED from the time the Act was made
- Cases
- LNER v Berriman - widow denied compensation, Fatal Accidents Act, "relaying or repairing"
- Cheeseman v DPP - D caught masturbating in public toilet - police had to be "passengers" - Town Police Clauses Act
- Fisher v Bell - placing flick knives on display in shop window - not "offering for sale"
- Golden Rule
- Wide Approach - modify natural meaning
- Narrow Approach - choose between different meanings
- Exception to literal rule - absurd or unjust result
- Cases
- R v Allen (narrow) - "shall marry" interpreted to mean "shall go through a marriage ceremony - literal rule would have meant bigamy could never be committed
- Adler v George (wide) - Official Secrets Act - "in the vicinity of" into "within"
- Re Sigsworth (wide) - only son killed mother to claim money - "issue" modified to mean can't inherit if killed parent
- Mischief Rule
- Heydon's case 1584
- Looks at problem the Act was trying to solve when it was first made
- Cases
- Smith v Hughes - prostitute calling from balcony to men in street - literal rule would mean NG "in a street" - MR interpreted so that location did not matter
- RCN v DHSS - "registered medical practitioner" interpreted to mean doctors and nurses - act was trying to resolve issue of unsafe back street abortions
- DPP v Bull - Street Offences Act - 'common prostitute to loiter or solicit...' - NG as common prost. was women and not men - act was made to control women and not men
- Purposive Approach
- looks at positive reasons why act was made
- European Court of Justice - used to interpret EU law
- issues concerning Human Rights Act
- Cases
- Ex Parte Smith - D criminally insane - Adoption Act stated he had rights to birth mother's details - positive aims of act was to promote family relationships - details denied
- Jones v Tower Boot - subjected to racial comments whilst on work break - Race Relations Act "in the course of employment" - interpreted to include break as act was made to promote racial harmony
- RCN v DHSS - positive aims were to stop back street abortions
- Literal Rule
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