• Literal Rule, Golden Rule and the Mischief Rule. The mischief rule [1] is one of three rules of statutory construction traditionally applied by English courts. Elliot v …

Mischief rule is a principle used for the interpretation of a statute. Mischief Rule/Purposive Rule times trend moved away to – for courts to discover the the Literal Rule, because the purpose of the statute and Victorian Courts did not like making it work if reasonably flexibility in interpreting possible. The mischief rule of statutory interpretation is the oldest of the rules. VFacts: The defendants were prostitutes who had been charged under theStreet Offences Act 1959 which made it an offence to solicit in a publicplace. It is certainly more flexible than either the literal rule or the golden rule which tend to concentrate upon the meaning of individual words or phrases. The Golden Rule won’t help if there is no absurdity in the statute.

This rule of statutory interpretation may be applied when an application of the Literal Rule would lead to an absurdity. Originating from a 16th century case in the United Kingdom, its main aim is to determine the "mischief and defect" that the statute in question has set out to remedy, and what ruling would effectively implement this remedy.

Originating from a 16th century case in the United Kingdom, its main aim is to determine the "mischief and defect" that the statute in question has set out to remedy, and what ruling would effectively implement this remedy. The mischief rule was established in Heydon's Case [1584] EWHC Exch J36 Case summary.In Re Sussex Peerage, it was held that the mischief rule should only be applied where there is ambiguity in the statute. Smith vs. Hughes [1960] 2 All E.R. Smith vs. Hughes [1960] 2 All E.R.

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However, when this may lead to an illogical result that is unlikely to be the legislature’s intention, the golden rule allows a Judge to depart from this meaning. The Mischief Rule.

RULES OF INTERPRETATION PURPOSIVE APPROACH 1 2. This manner of construction has two aspects; one is that the courts, mindful of the Mischief Rule will not be astute to narrow the language of a statute so as to allow persons within its purview to escape its net.

For example the London and North Eastern Railway v Berriman (1946) case, where the widow couldn’t get compensation because the wording of the statute didn’t allow for this circumstance.

Apply the mischief rule – what do you think is the mischief?

The interpretation is favoured that remedies the problem or mischief Thus, ‘no … Hence, it is known as ‘the rule in Heydon’s case”. Very strict – preferred literal approach. Discuss the advantages and disadvantages of the mischief rule (10 marks) The mischief rule is where judges look for as mischief or gap in the law that Parliament designed an Act to remedy.

The Golden rule of Interpretation.

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