the purposive approach

• what is the meaning of the purposive approach?

  It is the opposite of the literal rule. Under this approach, the court isnt giving the words their ordinary meaning or looking at the gap in the common law. The judges are deciding what they believe parliament meant to achieve in passing the act
• what did Lord Denning say in the case of Magor and St mellons v newport corporation in terms of the purposive approach?

  " We sit here to find out the intention of Parliament and carry it out, we do this better by filling in the gaps and making sense of the enactment. "
• what did Lord Scarman say in response to Lord Denning's statement in the case of Magoe and St Mellons v Newport corporation?

  " If parliament says one thing, but means another, it is not under the historic principles of the common law, for the courts to correct it. "
• what was illustrated in the case of R v Registrar General ex parte smith 1990 in terms of the purposive approach?

  The courts should focus on the purpose of the statute- this has been encouaraged due to the broad drafting of the EU law.