statutory interpretation

• What are the four rules of statutory interpretation?

  Literal rule, Golden rule, Mischief rule, Purposive approach
• What does the literal approach in statutory interpretation entail?

  It gives words their ordinary grammatical meaning
• What is a key assumption of the literal rule?

  Every act will be perfectly drafted
• What is a disadvantage of the literal rule?

  It can lead to unfair or absurd results
• Who criticized the literal rule as “mechanical and divorced from the realities of the use of language”?

  Prof. Michael Zander
• In LNER v Berriman, why was the victim not eligible for compensation?

  He died while 'oiling' the track
• In Chappel v Whiteley, why was the defendant found not guilty?

  Dead people are not literally entitled to vote
• What was the legal issue in Fisher v Bell regarding the flick knife?

  Whether the display constituted an 'offer' for sale
• What does the golden rule modify about the literal rule?

  It allows courts to void absurd results
• What is the narrow approach in the golden rule?

  Judges choose between different meanings of words
• In R v Allen, what did the judges interpret the offence of bigamy to mean?

  Going through the ceremony of marriage
• What does the wider approach in the golden rule address?

  Repugnant situations from a single meaning
• In Re Sigsworth, why was the son not allowed to inherit his mother's estate?

  He had murdered her
• What is a key advantage of the mischief rule?

  It promotes the purpose of the law
• What was the first case to outline the mischief rule?

  Heydon's Case 1584
• What are the four points to consider in Heydon's Case?

  Common law, mischief, remedy, true reason
• In Smith v Hughes, why were the sex workers found guilty?

  They solicited business from house windows
• What did the Royal College of Nursing v DHSS case determine about nurses?

  Nurses could carry out some abortion procedures
• What is a disadvantage of the mischief rule?

  It risks judicial law-making
• What does the purposive approach focus on?

  The intention or aim of Parliament
• What was significant about Pepper v Hart 1993?

  First time Hansard allowed in court
• Who supported the purposive approach by stating to find the intention of Parliament?

  Lord Denning
• What limitation was placed on the use of Hansard in Wilson v Secretary of Trade?

  Only statements from MPs can be read
• What was the outcome in Isle of Wight Council v Plat regarding the father's holiday request?

  He received a Fixed Penalty Notice