BENNION ON STATUTORY INTERPRETATION ... - Francis Bennion

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BENNION ON STATUTORY INTERPRETATION Fifth Edition Updating Notes (Version 24, 25 Mar 2010) Code s 369 was cited by the Federal Court of Australia in Bozidar Jankovic and Ljubica Kuga v Minister of Immigration, Local Government and Ethnic Affairs [1994] FCA 1316; (1994) 35 ALD 261, at [27]. Section 370. Archaisms Pages 1213-1215 Relevant Index entry: archaisms The Police and Criminal Evidence Act 1984 empowers a constable to enter and search premises without a warrant for the purpose of „saving life or limb‟. In Baker v Crown Prosecution Service [2009] EWHC 299 (Admin) Sir Anthony May said (at [25]) that this „is a colourful, slightly outmoded expression‟. In Syed v Director of Public Prosecutions [2010] EWHC 81 (Admin) at [11] Collins J concurred. Section 373. Homonyms Pages 1217-1219 Relevant Index entry: homonym On the use of a word with different meanings in the same section see Secretary of State for the Home Department v Immigration Appeal Tribunal [2001] EWHC Admin 261 at [34]-[35]. Section 375. Judicial notice of meaning Pages 1221-1222 Relevant Index entry: judicial notice:meaning of words, of On the passage headed Law or fact? see Procter & Gamble UK v Revenue & Customs [2008] EWHC 1558 (Ch) at [27]. Part XXVIII. Linguistic Canons of Construction: Elaboration of Meaning of Words and Phrases Section 378. Noscitur a sociis principle Pages 1225-1231 Relevant Index entry: noscitur a sociis principle The words on page 1226 from Bourne (Inspector of Taxes) v Norwich Crematorium Ltd [1967] 1 WLR 691 were applied in Syed v Director of Public Prosecutions [2010] EWHC 81 (Admin at [16]. For the application of this principle by the Federal Court of Australia in relation to the term „leaflet‟ see Australian Postal Corp v Pac-Rim Printing Pty Ltd [1999] FCA 640 at [60]-[66]. Section 384. Ejusdem generis principle:general words followed by narrower genusdescribing terms Page 1242 Relevant Index entry: ejusdem generis principle:general words followed by narrower term Code s 384 was followed by the Supreme Court of Queensland Court of Appeal in Pepper v A- G (Qld) [No 2] [2008] QCA 207 at [32]. Section 388. Reddendo singula singulis principle Pages 1247-1249 Relevant Index entry: reddendo singula singulis principle www.francisbennion.com/5th-edn 62
BENNION ON STATUTORY INTERPRETATION Fifth Edition Updating Notes (Version 24, 25 Mar 2010) This principle was applied by the Federal Court of Australia in Switzerland Insurance Australia Ltd v Mowie Fisheries Pty Ltd [1997] FCA 231 and in Minister of State for Employment Workplace Relations and Small Business v Community and Public Sector Union [2001] FCA 316„. It was also applied by the Supreme Court of Norfolk Island in Minister for Immigration & Community Services v Summerscales [2000] NFSC 4 at [37]. Section 389. Expressum facit cessare tacitum Pages 1249-1250 Relevant Index entry: expressum facit cessare tacitum Lord Rodger of Earlsferry gave a good example of this principle in Kay v Commissioner of Police of the Metropolis [2008] UKHL 69 at [42]: „Where the Act contains a specific provision prohibiting certain processions, there is no room for implying into another provision a requirement which would have the effect of prohibiting a different type of procession by exposing the organisers to a criminal conviction and fine‟. Section 390. Expressio unius principle: description Page 1250 Relevant Index entry: expressio unius principle:nature of Code s 390 was relied on in Perrin and another v Northampton Borough Council and others [2008] EWCA Civ 1353, [2008] 4 All ER 673, at [32]. Section 393. Expressio unius principle: words of extension Page 1254-1255 Relevant Index entry: reasons, duty to give [New entry, not in fifth edition] There is no general duty at common law to give reasons for an administrative decision, especially where statutory duties such as those imposed by the Freedom of Information Act 2000 apply: Hasan v Secretary of State for Trade and Industry [2008] EWCA Civ 1311, [2009] 3 All ER 539. Page 1255 Relevant Index entry: expressio unius principle:extending words and Code s. 393 was applied by the Federal Court of Australia in Re David Harold Eastman v Commissioner of Superannuation [1987] FCA 188 at [29]-[30]. Section 397. Implication where statutory description only partly met Page 1262 Section 397(1) Relevant Index entry: implication:statutory description, partially met, and See comments on Code s 397(1) by Arden LJ in Roberts v Secretary of State for Social Security [2001] EWCA Civ 910 at paragraphs 11-14. Page 1262 Section 397(2) Relevant Index entry: implication:statutory description, partially met, and Code s 397(2) was applied by the Federal Court of Australia in Switzerland Insurance Australia Ltd v Mowie Fisheries Pty Ltd [1997] FCA 231. Division Seven. Europe Part XXIX. Community law and the European Court Section 404. Legitimate expectation Pages 1278-1279 Relevant Index entry: decision-making rules:legitimate expectation „ . . . a claim to a legitimate expectation can be based only upon a promise which is “clear, unambiguous and devoid of relevant qualification”: see Bingham LJ in R v Inland Revenue www.francisbennion.com/5th-edn 63
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BENNION ON STATUTORY INTERPRETATION ... - Francis Bennion

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