OCR GCE AS Level Law H018/02: Law making and the law of tort VERIFIED Mark Scheme for June 2022

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OCR GCE AS Level Law H018/02: Law making and the law of tort VERIFIED Mark Scheme for June 2022 1. Explain and illustrate the purposive approach to statutory interpretation. Answers may include t... he following: • Explain that the purposive approach seeks to give effect to the general intention and spirit of the statute as opposed to the literal meaning of its words • In Maunsell v Ollins (1975) Lord Simons suggested a two-tier test. The judge is to look to the purpose of the legislation and then must look at the words and interpret them according to the purpose • Identify that the purposive approach takes a broader approach than the mischief rule in that the court is not just looking to see what the gap was in the old law; the judges are deciding what they believe Parliament is trying to achieve – what is the purpose of the Act? • Explain that judges are required to consider the broader context in which the law was created – what were the concerns of government and Parliament at the time the Act was created? • Recognise the increased need for judges to refer to external aids • Describe how this rule has been increasingly used in recent years • Describe how this rule links to a more continental approach to interpretation and the increased use is associated with our membership of the EU and the way judges are expected to interpret EU legislation – for example, UK judges are obliged to interpret UK law in the light of EU law under the doctrine of indirect effect • Describe the perceived unconstitutional nature of the rule • Use any relevant case to illustrate its use – Coltman v Bibby Tankers, Fitzpatrick v Sterling Housing Association, R v Registrar General ex p Smith, Jones v Tower Boot, Ghaidan v Mendoza, R v Secretary of State for Health ex parte Quintavalle, IRC v McGuckian, Pickstone v Freemans plc, Pepper v Hart [Show More]

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