main areas of civil law and their definitions
the different courts and their description
queens bench division, chancery division, family division
starting a court case notes
different types of courts - small claims, fast track, multi track
reform of the civil courts
effect of the reforms
appeal...
Rules of language – Words written within the act must be looked at in
order to determine whether they affect the word or phrase which is in
dispute
Ejusdem Generis
Latin for “Things of the same kind”
If particular specific words are followed by general words, then the
general words are limited to the same kind of items as the specific words.
For example, dog, cats and other animals refer to domestic
animals not wild animals.
Case example – Powell v Kempton Park Racecourse (1899)
The Betting Act 1853 made it an offence to keep a house,
office, room or other place for the purposes of betting. Powell had a
betting business at the racecourse which was outside. The question was
– as his is an outdoor place should it be banned under the wording of the
act. The court
said that the other items mentioned in the statute related to places
indoors whereas Powell’s enclosure was outside. It wasn’t a “thing of the
same kind”. There was thus no offence committed.
Case example – Allen v Emmerson (1944)
Court had to interpret the phrase “theatre and other places of
amusement” and decide whether or not this should be applied to a fun
fair. As it was only one specific word and the other was generic, they
assumed fun fair did come under “other place of amusement” even
though the rule didn’t apply.
There must be at least 2 specific words for the rule to operate.
Advantages –
- There is no need for a draftsman to write an exhaustive list of
everything that is included. So the act can cover circumstances not
thought of by the draftsman but which they would have included if
they thought about it
E.g. in the case of Allen v Emmerson
- Allows the act to adapt to change in society such as social or
technological change.
E.g.
Disadvantages –
- The rule is unpredictable as what will judges will consider is of the
same category as the specific words may differ.
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