BENNION ON STATUTORY INTERPRETATION ... - Francis Bennion

BENNION ON STATUTORY INTERPRETATION
Fifth Edition Updating Notes (Version 24, 25 Mar 2010)
Bennion is that where a judge concludes that the legislature could not have intended that a
statute could operate in a manner which defeats its manifest object or purpose, then an
alternative interpretation must be preferred‟ (see Jurg Bollag & Anor v The Attorney-General of
the Commonwealth of Australia & Anor [1997] FCA 1146). The passage was also relied on in
Staines v Workcover/Allianz Australia Workers Compensation (S A) Ltd (Air International Pty
Ltd) [2004] SAWCT 127 and in Byrne v Transport Accident Commission [2008] VSC 92 at
[52].
Page 1030 Relevant Index entry: land:meaning of
In relation to the definition of „land‟ in the Interpretation Act 1978 Sch 1 (see Example 326.5)
note that the definition will not be attracted where a different term such as „the commons‟ is
used: Housden and another v Conservators of Wimbledon and Putney Commons [2008] EWCA
Civ 200, [2008] 3 All ER 1038, at [26].
Part XXIII. Application of Ancillary Rules of Law
Section 327. Presumption that ancillary rules of law apply
Page 1033 Relevant Index entry: ancillary rules of law:implied application of
Arden LJ has given reasons why Parliament might not specify an ancillary rule of law but leave
it as implied, see Revenue & Customs v BUPA Purchasing Ltd & Ors [2007] EWCA Civ 542 at
[46] and London Borough of Lewisham v Malcolm & Anor [2007] EWCA Civ 763 at [57], [62].
The presumption specified in Code s. 327 was described as „well settled‟ in King, Re
Application for Judicial Review [2002] NICA 48 at 58.
Page 1036 Relevant Index entry: ancillary rules of law:implied application of
As to the passage regarding contrary intention on p. 1036 see Moore v Scottish Daily Record &
Sunday Mail Ltd [2007] ScotCS CSOH_24 at [22], [60], [71] (statutory modification of
contract rules).
Page 1042 Relevant Index entry: criminal law:mens rea
For an amplification of the reference to mens rea on p. 1042 see FB‟s 2008 article „Offences by
Children: The Mental Element‟.
Section 329. Presumption that public law decision-making rules apply
Page 1050 Relevant Index entry: decision-making rules:implied application of
The presumption specified in Code s. 329 was described as „well settled‟ in King, Re
Application for Judicial Review [2002] NICA 48 at 58.
Pages 1054-1055 Relevant Index entry: proportionality:UK Law, in
See note below on JF & Anor (on the application of R) v Secretary of State for the Home
Department [2009] EWCA Civ 792, related to Pages 1330-1333
Pages 1055-1060 Relevant Index entry: natural justice:fairness
„The rules of natural justice are one of the most important pillars of the common law‟: Dyson
LJ in McNally v Secretary Of State For Education & Anor [2001] EWCA Civ 332 at [38]-[40].
See further X v West Midlands Police [2004] EWHC 61 (Admin) at [67]; Hampstead Heath
Winter Swimming Club & Anor v Corporation of London & Anor [2005] EWHC 713 (Admin)
at [33].
Pages 1056-1057 Relevant Index entry: decision-making rules:legitimate expectation
On the development of the doctrine of legitimate expectation see R (Bhatt Murphy) v The
Independent Assessor [2008] EWCA Civ 755.
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