Statutory Construction Exercise

1. TEMPEST v KILNER (1846): A statute requires that contracts for the sale of goods, wares, merchandise of £10 or more had to be expressed in writing.

In the above case the judge was asked whether this applied to the sale of stocks and shares.

a) What rule of language applies here?

b) What therefore was the decision in the case?

2. MUIR v KEAY (1875): A statute stated that all houses open at night for public refreshment, resort and entertainment had to be licensed.

a) Did the café owner need a licence if it did not provide entertainment?

b) What rule of language applies here?

c) What therefore was the decision in the case?

3. POWELL v KEMPTON PARK RACECOURSE (1899): A statute said that it was an offence to use a house, office, room or other place for betting.

a) What rule of language applies here?

b) What therefore was the decision in the case? 4. What “rules” could be used to determine the intention or purpose of an act?

5. A 1967 statute states that “a person shall not be guilty of an offence in law relating to abortion when a pregnancy is terminated be a registered medical practitioner . . .”

A nurse administers the drip in induce the above. In point form, advise the judge on how to interpret the act:

6. A statute states that a driver is insured for injury caused while the vehicle is on a road. In CUTTER V EAGLE STAR INSURANCE (1998) – the claimant was sitting in his friend’s car in a car park and was injured when a can of lighter fuel exploded.

Advise the judge as to whether the insurance company is or is not liable (i.e. would they have to pay out under the act?) Give a reason for your answer.

7. The Street Offences Act 1994 states that it is an offence to “solicit in a street or public place for the purpose of prostitution”. In DPP v BULL (1994) – a man was charged with loitering in a street for purpose of prostitution.

Did the court find the defendant guilty or not? Give a reason for your answer. 9. A statue states that a person could be arrested if found drunk in charge of a carriage on a highway. In CORKERY v CARPENTER (1951) the defendant had been arrested for being drunk in charge of a bicycle on a highway.

Was this arrest lawful under the act? Advise and give a reason for your answer. Data Exercise One

Read the following passage answer the questions based upon it:

Parliament passes legislation judiciary interpret it. When parliament debates legislation it has several aids that it can refer to. Its debates are recorded although this has limited use, it can be referred to by a court if advance notice is given. Denning supported the use of certain aids more than others though there is no doubt that time expense are issues when courts need to refer to parliamentary discussions. In addition such debates represent only the views of some of the MP’S generalities are difficult some statements may be unreliable. Once legislation has been passed intrinsic aids can also be of use to the judiciary though increasingly the influence of Europe is a significant factor in statutory interpretation.

1. Who would discuss the passage of a statute in Parliament?

2. What document would their views be collated in at the end of each day?

3. What was the situation pre 1993?

4. How did the change come about?

5. Using the data explain the situation post 1993. 6. Using the data explain the advantage of using such a document.

7. What comment did the late Lord Denning make about the issue?

8. Does this mean that he supported its use or not? Explain your answer.

9. Using the data, explain the disadvantage of using such a document.

10. What other outside influence does the data also refer to as increasingly important today?

11. What is the “relationship” between UK EC law?

12. In what 1990 case did Denning remark on the precedence of the EU?

13. What was Denning’s reaction to EU “dominance” in this case?

14. Cite other cases where the EU has been dominant:

i… … … … … … … … … … … … … 1979

ii… … … … … … … … … … … … …… … …1974

15. What sections of the European Treaty are the most significant for UK? 16. What do these two sections (combined) mean in terms of statutory interpretation?

17. What else did Denning say about the influence of the EU with respect to statutory interpretation?

18. Name a legal theorist who supported the “broad” interpretation approach.

19. Why when would a judge use the mischief rule rather than the literal rule? Data Exercise Two

Read the “statue” below apply the aid/rules of statutory interpretation.

“ Section 1 states that it shall be an offence published by a fine of £50 to sleep in an railway station”

Scenario: A tramp was stopped by the police in early evening carrying a sleeping bag heading for a station bench”

1. What advice could you give an MP who requires more details about this piece of legislation?

2. What criticisms are there of using the latter?

3. What advice can you give a judge who is confused about the rules aids that he is able to use to interpret the above scenario / legislation. (*DON’T FORGET CASES*) Data Exercise Three

Read the following fictitious statue answer the question based upon it.

Misuse of Drugs Act.

Under the above (fictitious) statue Section 1 states that “… … …it is an offence to possess Heroin such drugs for the purpose of supply”.

1. Who would have passed this act?

2. Why did they pass this act? What do you see as its purpose?

3. What rule does this remind you of? … … … … … … … … … … … …

5. State a rule of language that would apply here.

6. What does this “rule” mean? … … … … … … … … … … … … …

7. What other rule of language could a judge use to interpret this act?

8. What does this mean that a judge can do? 9. Why do judges need guidelines for interpretation?

10. Define the literal rule.