Statutory Interpretation 2
Matters of language
- Dictionaries are very rarely used as they are of limited use
- Customs & excise commissioners v top ten promotions ltd
Rules of language
- ‘it’s a sound rule of construction to give the same meaning to the same words
occurring in different parts of an act’
o Courtauld v Legh
- For exceptions
o R v Allen
Immediate textual context
- Noscitur a sociis
o A word is known by the company it keeps
o Pengelly v bell punch co
o Rule is used for interpreting specific words in the context of a list of specific
words
- Eiusdem generis
o Is the thing ‘of the same type’?
o Powell v Kempton Park racecourse
o Rule is used for interpreting general words which follow a list of specific
words
- Expression unius est exclusion alterius
o To express one thing is to exclude another
o R v inhabitants of Sedgley
o Mention of one or more specific things excludes others of the same type
Intrinsic aids
- Preambles
o Not generally found in modern statutes
o Used to recite the reasons why the statute was passed
- Long titles
o All modern statutes have these
o Can be used to help resolve an ambiguity in the body of the act
- Short titles
- Headings & marginal notes
o May be relevant to interpretation
o May help identify the purpose of the act
- Schedules
o ‘a schedule is a mere question of drafting, a mere question of words. The
statute is as much part of the statute, & is as much an enactment, as any
other part’
o Ag v lamplough
Extrinsic aids
- Pre parliamentary materials
o Controversial but position appears to be that they can be used to identify the
mischief
- Law commission reports may be used to help identify the meaning of a statute
Matters of language
- Dictionaries are very rarely used as they are of limited use
- Customs & excise commissioners v top ten promotions ltd
Rules of language
- ‘it’s a sound rule of construction to give the same meaning to the same words
occurring in different parts of an act’
o Courtauld v Legh
- For exceptions
o R v Allen
Immediate textual context
- Noscitur a sociis
o A word is known by the company it keeps
o Pengelly v bell punch co
o Rule is used for interpreting specific words in the context of a list of specific
words
- Eiusdem generis
o Is the thing ‘of the same type’?
o Powell v Kempton Park racecourse
o Rule is used for interpreting general words which follow a list of specific
words
- Expression unius est exclusion alterius
o To express one thing is to exclude another
o R v inhabitants of Sedgley
o Mention of one or more specific things excludes others of the same type
Intrinsic aids
- Preambles
o Not generally found in modern statutes
o Used to recite the reasons why the statute was passed
- Long titles
o All modern statutes have these
o Can be used to help resolve an ambiguity in the body of the act
- Short titles
- Headings & marginal notes
o May be relevant to interpretation
o May help identify the purpose of the act
- Schedules
o ‘a schedule is a mere question of drafting, a mere question of words. The
statute is as much part of the statute, & is as much an enactment, as any
other part’
o Ag v lamplough
Extrinsic aids
- Pre parliamentary materials
o Controversial but position appears to be that they can be used to identify the
mischief
- Law commission reports may be used to help identify the meaning of a statute
