Statutory Interpretation

The literal meaning of a word is taken into account in order for judges to interpret the meaning of Parliament:

Cases:

LNER V Berriman: 'Repair and 'Relay' Berrimans wife wasnt granted compensation for her husbands death through oiling the train tracks. PM intention was for everyone to be protected regardless.

Porter 2006: 'in possession' He wasn't convicted as he couldnt enter his reycling bin so technically he wasnt in possession of indecent images of children.

This is applied when the literal rule leads to an absurdity

Cases:

Re Sigsworth: 'next of kin' He killed his wife for inheritence. He wasnt granted compensation as he should benefit from his actions

Allen: Mrs Allen was charged with bigamy as she remarried whilst still married to Mr Allen. When he returned from sea she was charged. 2 meanings of the word marry

• Legally marry
• Marriage ceremony

Looks at the old statute to ensure that the new statute remedies the mishcief of the statute. Heydons Case

Cases

Royal College of Nursing v DHHS: 'registered medical practitioner' was changed to include nurses as in todays society they can carry out safe abortion. Under The Abortion Act

Smith v Hughes: 'solicit in the street' under the Street Offense Act. Women were calling from windows and balconies. Widened the meaning in order to prevent men being enticed by men

Looks at the spirit of the statute. Makes EU law into UK law, the statutes are written in broad terms so that they can be easily interpreted

Cases:

Quinatavelle: Human Fertilisation and Embryology Act- 'embryo' Concerning babies that have been made through cloning

Tower Boot Co: Race Relations Act: 'course of employment' PM intented for employers to be liable for failure to prevent racial abuse in employment