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Law Making 3

Statutory Interpretation

TermDefinition
HRMC Involved in cases against McVities and M&S
Bassett Voyeurism case
Cheeseman Case where 'passengers' had to be interpreted
Literal rule Give words their 'ordinary' meaning
Golden rule Used where a word has 2 meanings or to avoid a 'repugnant' outcome
Mischief rule Rule used in Smith v Hughes
Whiteley v Chappell Voting 'fraud' was lawful
LNER v Berriman Literal rule gave an unjust outcome to widow
Purposive Approach favoured by Lord Denning and in European law
Adler v George Golden rule used to interpret 'vicinity'
Re Sigsworth Golden rule used to avoid a repugnant outcome
Professor Zander Described the golden rule as 'a feeble parachute'
Lord Esher Said that the literal rule should be used 'even where it leads to a manifest absurdity'
Heydon's case Case from 1584 that established the mischief rule
RCN v DHSS Case where the purposive approach was used to interpret 'medical practitioner'
Interpretation Act 1978 Statute that helps with interpretation
DPP v Chivers Case where the Interpretation Act 1978 was used
Ejusdem generis Language rule that says that general words should be interpreted as being of the same kind as a preceding list
Talbot v Oxford City Magistrates' Court Case where ejusdem generis rule was used
Allen v Emmerson 'Funfair' was a 'place of public entertainment' as there was only one example in the list
Expressio unius est exclusio alterius Language rule - the inclusion of one thing excludes others
Tempest v Kilner Case using the expressio unius rule
Noscitur a sociis Language rule - a man is known by his associates
IRC v Frere Case using noscitur a sociis
Double jeopardy rule and Dobson case Example of legislation that WAS retrospective
Pepper v Hart Case that allowed Hansard's use as an extrinsic aid
Quintavalle Case concerning embryos where purposive approach was used
Laroche v Spirit of Adventure Case where 3 extrinsic aids were used to interpret 'aircraft'
Created by: Mr Lovell