Weasley v. Dursley and Another [2004] UKHL (mischief rule / purposive approach)

PART A Weasley v. Dursley and Another [2004] UKHL 1. What were the material facts of the case? In this case, the material facts conclude of that the appellant suffered personal injuries due to a collision whilst driving his car with a horse. The defendant, the owners of the horse, had not fenced the field … Read more

English Legal System – Statutory Interpretation & Alternative Dispute Resolution

The English Legal System (ELS), also known as English Common Law, is split into two sections; Civil and Criminal Law. English Common Law originates from King Henry II, he instructed London based judges to travel around the UK and make decisions in the King’s name. These decisions would be based on local customs, the judges … Read more

Introduction to statutory interpretation

Introduction The purpose of this assignment is to give a clear definition of statutory interpretation and the approaches associated with it. This is so a better understanding can be created on how judges use these approaches to interpret statutes when in court. Statutory interpretation consists of three main rules which are described as the literal … Read more

Statutory Interpretation – application to a case study

Foundations of Law: Statutory Interpretation Essay Q 2 At a surface level, when supplied with the information regarding the case of Billy Tripe, one would believe him to be held responsible for the mistreatment of his herd of alpacas. However, upon closer inspection of Mr. Tripe’s case, in particular, the circumstances of the misfortunate treatment … Read more

The law making process and the literal rule

Law making process Scrutiny is a major advantage as it is a democratic process and opens an opportunity for debate. The process involves expertise and is often a long procedure, but enables the bill to be thoroughly scrutinised. Another advantage would be Parliament makes laws made with overview in mind, not on one case, for … Read more

The English Legal System – precedent, statutory interpretation, law making

Explain the application of judicial precedent in the courts (P1) Judicial precedent is a court-made decision used in the future as a source or reference for decision making in future cases with similar facts. In Latin, this precedent is known as ‘stare decisis’, which translates to: ‘let the decision stand’. As these decisions are made … Read more

The rules of interpretation and precedent

Essay plan: Introduction: This paragraph lists the rules of the judicial interpretation of statues described in the core literature for this module, and highlights the importance of the decision maker. Body: This section discusses the most widely used rules of the judicial interpretation of statues. Section 1: The rule of literal interpretation: Paragraph 1: Focuses … Read more

What is statutory interpretation?

Statutory Interpretation is a term referring to the judges’ interpretation of the wording and meaning of statue. The term statutory interpretation covers a process, where statue is created, the judge then interprets the statue and finally applies their interpretation to the case they are dealing with. To help a judge interpret the meaning and wording … Read more