Adv/Disadv of Purposive rule


	Adv/Disadv of Purposive rule
	Advantages Used in courts in other EU countries so we are being bought into line Less restrictive so more likely to give intentions of parliament Lord Denning "we [judges] sit here to find the intention of parliament and to carry it out" Coltman v Bibby tankers - Employee killed when ship provided by the employer sank. Judges had to interpret 'equipment' under the Employers liability act which was defined as 'any plant and machinery, vehicle, aircraft and clothing'. Employer found liable by house of Lords	Disadvantages Too much power to unelected judiciary Judges can overstep their role by making decisions based on public policy - a matter that should be left to parliament
	Evaluation Same as mischief rule - being brought into line with other EU countries, and approved by influential judges however undemocratic.

Used in courts in other EU countries so we are being bought into line
Less restrictive so more likely to give intentions of parliament
Lord Denning "we [judges] sit here to find the intention of parliament and to carry it out"
Coltman v Bibby tankers - Employee killed when ship provided by the employer sank. Judges had to interpret 'equipment' under the Employers liability act which was defined as 'any plant and machinery, vehicle, aircraft and clothing'. Employer found liable by house of Lords

Too much power to unelected judiciary
Judges can overstep their role by making decisions based on public policy - a matter that should be left to parliament

Same as mischief rule - being brought into line with other EU countries, and approved by influential judges however undemocratic.

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