LNER v Berriman , Oiling a track did not come under 'relaying and repairing' , Cheeseman v DPP , Police stationed at the toilets were not 'passengers' , The Literal Rule , Judges follow an act word for word and use only the 'plain and ordinary' meaning., The Golden Rule (Narrow) , When a word has more than one meaning, a judge can choose the best fitting approach , The Golden Rule (Wide) , When the wording of an act is clear, a judge can modify the meaning of an act to avoid a 'repugnant' situation, The Mischief Rule , 1. Identify the common law before the act 2. Identify the 'gap'/'mischief' in the old law 3. Look at parliament's remedy 4. Interpret the law with the remedy in mind , The Purposive Approach, Consider Parliament's intention when interpreting the law , RCN v DHSS , Abortion Act was created to prevent the mischief of backstreet abortions. Nurses could carry out abortions safely. , Smith v Hughes , The Act was created to prevent the mischief of harrassment of the public. The ladies in a private building were still harassing public. , R v Z (NI) , Parliament's intention in creating the Terrorism Act was to prevent terrorist organisations. The 'Real' IRA were still guilty even though not a 'proscribed organisation', R v Allen , 'Shall Marry' was interpreted to also mean to go through a marriage ceremony , Re Sigsworth , It would have been repugnant to reward a murderer with giving him his deceased mother's estate , R v Registrar General ex parte Smith , It would not be parliament's intention to put a person in danger by allowing the D to have access to his birth parents details , A criticism of the golden rule , 'A feeble parachute' - it's limited in it's practice and can only be used in limited circumstances , A critcism of the literal rule , Often leads to absurdities and unfair outcomes , A criticism of the purposive approach , Runs the risk of judges being too flexible with their law making powers, A criticism of the mischief rule , Outdated and can be difficult to find the law set before it .

Statutory Interpretation

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