purposive approach

what is the purposive approach

to give effect to the general intention/purpose of the statute not the literal meaning of the worlds

what are judges required to consider with the purposive approach

• the broader context in which the law was created

• what were the concerns of government and parliament at the time the act was created

why has the use of purposive approach increased

when UK were in EU judges were expected to interpret EU legislation to achieve its purpose

what happened in r v registrar general ex parte smith

mr smith was convicted of 2 murders + wanted info enabling him to obtain his birth certificate

what act was involved in ex parte smith case

adoption act 1976

what did adoption act 1976 state

the registrar general shall supply an adopted person with the necessary information to obtain a certified record of their birth

why was purposive approach used in ex parte smith

psychiatrist thought mr smith may be hostile to his natural mother → court said that despite plain language of the act parliament didn’t intend to promote serious crime

what happened in ghaidan v mendoza

• Landlord ghaidan’s tenant passed away so he sought possession of his flat

• tenants partner (Mendoza) argued he should inherit statutory tenancy

what did the rent act 1977 say

upon death of a spouse the survivor automatically inherited a tenancy by succession. stated ‘his or her wife or husband’ (gender specific words ruled that the clause only applies to heterosexual cohabiting couples

how did mendoza win the case

house of lords gave ‘remedial’ interpretation + said the phrase must be read to include same-sex cohabiting partners