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KATHARINE MATHESON
BPP LAW
SCHOOL
BPP LAW
SCHOOL
Learning Outcomes
Methods of Statutory
Interpretation
Rules of Language
Presumptions
Additional Aids
Human Rights Act 1998
BPP LAW SCHOOL
Parliamentary Supremacy
the right to make or unmake any law
whatsoever; and further that no person or
body is recognised by the law of England as
having the right to override or set aside the
legislation of Parliament
per AV Dicey
British Railways Board v Pickin [1974] 1 All
ER 609
BPP LAW SCHOOL
Purposive Rule
Subsuming the mischief rule
Pepper (Inspector of Taxes) v Hart [1993] AC
593
give effect to, rather than thwart, the intention
of Parliament
per Lord Browne-Wilkinson
BPP LAW SCHOOL
Lord Brandon
It is the substance of the requirement prescribed
by s 17(3) which has to be complied with, and
the precise form of words by which such
compliance is achieved, so long as the effect is
clear, is not material
Linguistic Presumptions
A presumption is not a hard and fast rule.
It is a starting point only.
Presumptions can be rebutted.
Eiusdem Generis
A list of two or more words followed by a general clause.
The presumption is that the general clause is limited to
things of the same kind as in the list.
S2(1) applies to sheep, goats, pigs, cows, horses and other
animals.
Fox? Donkey?
S3(1) applies to parsley, basil, dill and other plants being
sold in pots.
Tarragon? Orchid?
16 BPP LAW SCHOOL
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Eiusdem Generis
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Noscitur a sociis
A word is known by its associates.
A word takes its meaning from other words in the same clause.
S20 Wills Act 1837 a will is revoked by burning, tearing
mutilating or defacing.
It is only partially destroyed by fire. Is this enough or must it be
completely destroyed?
A word takes its meaning from elsewhere in the statute.
S2 refers to written consent. S6 refers to consent.
Will oral consent suffice for s6?
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Noscitur a sociis
Presumptions
Presumption against alteration to the common law.
Presumption against deprivation of liberty.
Presumption against retrospective effect.
Presumption against deprivation of private property.
Presumption against gaining advantage from wrongdoing.
(Re Sigsworth [1935] Ch 89)
Additional Aids
Intrinsic
Short Title
Long Title
Preamble
Interpretative Section
Conclusions
Rules are there to help judges apply legislation to
real life situations
There is no one correct answer as to which rules
judges use
Practice applying the rules rather than just learning
them