Statutory Interpretation

• Explain the literal rule with examples

  • Literal approach where the judge sticks to the strict wording of the act- law tends to be carefully drafted with explanatory notes
  • London and North Eastern railways v Berriman (1946)- rail worker killed whilst oiling the tracks, but he wasn't "relaying and repairing" the track as the Fatal Accidents Act (1846) claimed the case failed.
  • R v Reynolds (1981)- The Juries act of 1974 states that the jury must declare how many agreed and disagreed, but here they only said "ten agreed", case appealed and the conviction was quashed
• Explain the golden rule with examples

  • Literal approach but less harsh, as it could conclude with "absurd" results as in R v Reynolds, Follows as close as possible but with small modifications
  • R v National Insurance Commissioner-would've got a widows allowance following the Social Securities Act 1975 but as she had killed her husband the court decided that it would be absurd
  • R v Allen- Bigamy according to the offences against the persons act "any persons married, marries another", you cannot legally be married to two at once, but he was found guilty due to their being a marriage ceremony
• Explain the mischief rule with examples

  • Purposive approach, dates back to Heydon's case (1584)- looks at the "mischief the law was created to deal with"
  • Looks at what the act was designed to achieve more than the wording
  • Smith v Hughes- Street Offences Act (1959)- prostitutes in window
  • Royal College of Nursing v DHSS (1981)- Abortion Act 1967- abortions only carried out by registered practitioners but also allowed Nurses
• Extrinsic Aids 


  • External Aids not in the written acts
  • Dictionary- Vaughn v Vaughn
  • Law textbooks- "Archbold"
  • Law commission Reports- end up as a bill- Act
  • Hansard- record of parliamentary debates, can see the true purpose of the Acts from MP's
• Intrinsic Aids 


  • Internal Aids- within the Act itself
  • Title of Act- may outline purpose of the Act- Dangerous Dogs Act
  • Schedules- hold further details not put into the act- Misuse of Drugs Act (1971)- entire list of illegal drugs
  • Marginal notes- further explanation and clarification for the judge
  • 'Preamble'- introduction explanation of the purpose of the Act
• Advantages of the Literal Rule

  • Ensures what parliament has said remains law- respects their supremacy
  • Prevents judges from "rewriting" the act
  • Ensures legal certainty-lawyers can predict outcomes
  • Encourages Acts to be precisely drafted
  • Results in fewer appeals
• Disadvantages of the Literal Rule

  • Can lead to unfair, absurd results (R v Reynolds)
  • Restricts legal development
  • Assumes perfect drafting- may not give effects of what Parliament wanted
  • Words sometimes have more than one meaning- impractical
• Advantages of the Golden Rule

  • Avoids absurd results
  • Fair results
  • Flexible- allows legal developments
  • Can allow judge to make small and necessary modification
  • Allows judge to use his discretion
• Disadvantages of the Golden Rule

  • Can lead to uncertainty in law
  • Can modify the law beyond the intentions of Parliament
  • Gives judge too much power
  • Judge may misinterpret the law
• Advantages of the Mischief Rule

  • Allows judicial flexibility
  • Allows judge to give effect what parliament meant rather than what is said
  • Allows judge to judge
  • Caters for limitations of drafting
• Disadvantages of the literal rule

  • Gives the judge too much discretion
  • Detracts from the intention of parliament
  • Overrides "supremacy" of parliament
  • Can create severe uncertainty in the law