explain extrinsic aids to statutory interpretation

Cards (7)

  • Extrinsic aids
    documents that judges may use to assist them in interpretation of the Act but that are outside the Act itself.
  • dictionaries
    In Vaughan v Vaughan, a man was “pestering” his ex-wife by constantly calling her day and night and she requested a non-molestation order from the court.
  • How did the court use a dictionary?
    The court used an Oxford dictionary in order to find the meaning of the word “molest” as this was not defined in the Family Law Act 1996. They concluded the word “molest” was wide enough to cover the husbands ‘pestering’ behaviour so an order was granted.
  • Hansard
    the official Parliamentary records of what was being said when a Bill is passed in Parliament
  • Judges were not allowed to use Hansard before which was confirmed in the case of Davis v Johnson
  • Pepper v Hart
    Held Hansard could be used where there is ambiguity or uncertainty in a part of a statute
  • Finance Act
    was in question as to whether a teacher at a private school had to pay tax on the perk he received where his child was educated there at a reduced rate. He did not need to pay tax as a result of Hansard.