Purposive Approach

• Magor and St Mellons v Newport Corporation [1950]


  We find out parliament's intention better by filling in the gaps than by making a nonsense out of literal meanings. - Lord Denning

  
  

  This approach is a naked usurpation of the legislative function under the thin guise of interpretation. - Viscount Simmons
• Jones v Tower Boot Co [1997]


  Race Relations Act [1976]

  C suffered racial abuse at work

  Purpose of the law is to educate and coerce employers to act

  D was liable
• R v Registrar General ex parte Smith [1990]


  D, a prisoner, applied for birth certificate

  Adoption Act [1976]

  D murdered cellmate thinking it was his mum, so he was not awarded the certificate.
• The Purposive Approach


  Lord Denning was a fan. Viscount Simmons was not a fan.
• The purposive approach is much broader than the other rules. Many Acts are created to address a specific problem by asking, why was the Act made?
• A naked usurpation


  An obvious violation
• The legislative function 


  the job to create law
• Under the thin guise of interpretation


  disguised as judges interpreting the law
• Race Relations Act [1976]


  Any act done by an employee in the course of employment shall be treated as being done by the employer
• Course of employment


  Defined in civil law as connected to that which he is employed to do
• Adoption Act [1976]


  The Registrar General shall supply such information as is necessary to enable that person to obtain a certified copy of the record of his birth
• The purpose of the Adoption Act 1976 was not to promote serious crime. Therefore, the Registrar General did not have to supply Mr Smith with a copy of his birth certificate.