Statutory Interpretation

What is the literal rule

• A literal approach taken by a judge when interpreting a statue

• Judge will stick to strict wording of an act when deciding the outcome of a case

Example of the literal rule

London & North Eastern Railways v Berriman

• Judge interpreted the Fatal Accidents Act (1846)

• Decided that the claimant was oiling the track as ‘maintenance’ and not ‘relaying and repairing’ as the act stated

Example of the literal rule

• R v Reynolds (‘81)

• Judge interpreted the s.17 Juries Act (‘74) which says that in a majority verdict it should state ‘how much agree and how much disagree’

• The foremen declared ‘ten agreed’ and on appeal the conviction was squashed

Strengths of the literal rule

• What parliament approved remains law and therefore respects supremacy

• Prevents judges from rewriting act as it’s only something judges can do

• Ensures legal certainty as lawyers can predict the outcome which saves money, time and results in fewer appeals

Limitations of the literal rule

• Can lead to unfair results as seen in Rv Reynolds

• Restricts legal development and assumes perfect drafting

What is the golden rule

• Extension of literal rule 

• Applied on occasions where the literal rule would lead to absurdity e.g; R v Reynold

• Judge makes small modifications to achieve a fair outcome

Example of the golden rule

R v National Insurance Commissioner

• Social Securities Act (‘75): ‘all widows are entitled to a widow’s allowance'

• D convicted of manslaughter of her husband, judges thought to apply literal rule would lead to an absurd result

Example of the golden rule

• R v Sigworth (‘95)

• Man killed his mother and under law was allowed automatically to inherit her estate as the heir

• Golden rule denied the inheritance claim in order to achieve a sensible result

Strengths of the golden rule

• Helps avoid absurd results as it’s flexible

• Legal developments can be made as judges can make necessary modifications and use his discretion

Limitations of the golden rule

• Can lead to uncertainty as modified law can be beyond the intentions of the parliament

• This can give judges too much power leading them to potentially misinterpret law

What is the mischief rule

• Most flexible as it allows court to look at former common law and identify the mischief that the stature in question was created to remedy

• It was originally set out in Heydons Case (1584)

Example of the mischief rule

• Smith v Hughes (‘60)

• Street Offences Act (‘59): ‘it shall be an offence for a common prostitute to loiter or solicit in the street or public place’

• Six prostitutes appealed against their conviction and claimed they hadn’t been ‘in the street’ as some were behind the windows and on the balcony

• Court decided that they were guilty as the mischief the act was designed to prevent was the nuisance the prostitutes created to the general public

Example of the mischief rule

• Royal College of Nursing v DHSS (‘81)

• Abortion Act (‘67): ‘Abortions can only be carried out by a registered practitioner’ which meant doctors only even though nurses were carrying out abortion too

• This was challenged as potentially illegal but the court sided with the nursers saying that the acts purpose was to avoid the mischief of ‘back street’ illegal abortions so nurses carrying out the procedures would be lawful under the purpose of the Act

Strengths of the mischief rule

• Allows for judicial flexibility

• Allows the judge to give effect to what parliament intended rather than what is said proving that their interpretation is correct catering for limitations of drafting.

Limitations of the mischief rule

• Mat give judges too much discretion as it detracts from the intention of parliament so judges may misinterpret parliaments intentions.

• Could override the supremacy of parliament and create severe uncertainty in the law