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“The Literal method is now completely out of date. It has been replaced by the approach which Lord Diplock described as ‘purposive’ approach … In all cases now in the interpretation of statutes we adopt such a construction as will ‘promote the g

“The Literal method is now completely out of date. It has been replaced by the approach which Lord Diplock described as ‘purposive’ approach … In all cases now in the interpretation of statutes we adopt such a construction as will ‘promote the general legislative purpose underlying the provision’ ”

Per Lord Denning MR in Nothman v London Borough of Barnet [1978] 1 All ER 1243, 1246.

Discuss the above statement, with references to decided cases.
Introduction
Lord Denning’s statement above has been a contentious one and has led to many debates in the legal environment. The main issue in the above statement is one of Statutory Interpretation and Parliamentary Sovereignty. Various methods, rules, approaches and practices are used to interpret legislation. There is nothing unusual in the process of interpretation as it is the ordinary function of the courts to give meaning to statutory provisions.[1] However when the wording used in a statute is not clear this leads ...

Posted by: Sylvia Schiavoni

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