Statutory interpretation

  • Created by: Chloe
  • Created on: 17-04-15 09:54
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  • Statutory Interpretation
    • Rules of interpretation
      • Literal rule
        • Whiteley v Chappell
          • 'Any person entitled to vote at an election'. Doesn't include dead people.
        • Fisher v Bell
          • Flick knives in shop window, 'invitation to treat', not to 'sell or offer for sale'.
        • LNER v Berriman
          • 'Oiling' did not classify as 'relaying or repairing'.
      • Golden rule
        • R v Allen
          • Marriage - To go through a ceremony of marriage, not to become legally married to another person.
        • Adler v George
          • 'In the vicinity of' included 'in'. = Avoided absurdity.
        • Re Sigsworth
          • Killed mother = Can't inherit.
      • Mischief rule
        • Royal College of Nursing v DHSS
          • Nurses carrying out abortions fell under Abortion Act 1967.
        • Smith v Hughes
          • Offence to 'solicit in the street or public place'.
      • Purposive approach
        • Pepper v Hart
          • s63 of Finance Act 1976 - 'cash equivalent' = additional cost of providing concession.
        • Jones v Tower Boot Co
          • Abuse fell under 'the course of employment' in s32 of the Race Relations Act 1976.
    • Rules of language
      • Ejusdem generis
        • General words = particular words.
          • Powell v Kempton Park Race Course
            • Offence to keep a 'house, office or other place' for betting. Open air enclosure not covered.
      • Expressio unius est exclusion atterius
        • Expression of one thing implies the exclusion of another.
          • Inhabitants of Sedgley
            • Rates charged on 'land, titles and coal mines'. No other type of mine included.
    • Aids to interpretation
      • Extrinsic aids
        • Law commission reports
        • Text book
        • Dictionaries
          • Vaughan v Vaughan
            • Molest - To 'cause trouble, vex, annoy or to put to inconvenience'.
        • Hansard
        • Previous acts
          • Wheatley
            • Had to interpret the Explosive Substances Act 1883, looked at Explosives Act 1875 to make sense.
      • Intrinsic aids
        • Explanatory notes
        • Long title
          • Royal College of Nursing v DHSS
            • 'An act to amend and clarify the ;aw relating to termination of pregnancy by registered medical practitioners'.
        • Preamble
        • Schedules


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