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Statutory Interpretation (External Aids (Hansard (Disadvantages (Not…
Statutory Interpretation
Rules of Interpretation
The Literal Rule
When judges give words their plain, ordinary and natural meaning
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Disadvantages
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Could cause unjust of absurd results if it is too strictly applied and therefore defeat the purpose of the law
The Golden Rule
An extension of the literal rule if it leads to an absurd or unjust result as it gives a wider interpretation
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The Mischief Rule
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Looks at law that existed before the Act was passed and the problem that the law was passed to remedy
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Internal Aids
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Preamble - Used instead of a long title, introduction which clearly states the aim of the act. Usually used for acts with one purpose
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Rules of Language
Ejusdem Generis
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Hobbs v CG Robertson
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Duty for employers to provide goggles for workmen when 'breaking, cutting, dressing, or carving of stone, concrete, slag or similar material'
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Expressio Unius
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Tempest v Kilner
Statute of Frauds 1677- required a contract for the sale of 'goods, wears and merchandise' of more than £10 to be evidenced in writing
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Noscitur a sociis
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IR v Frere
'Interest, annuities and other annual interest'
Any interest paid daily, monthly or annually
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External Aids
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Textbooks and Journals
Judges may look at leading textbooks to understand arguments about different interpretations and the context of legislation
Bentham 2005
Court looked at article by Professor Spencer to understand the offence of possession of an imitation firearm
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