Law Weblog

The purposive approach dominant in establishing Parliament’s purpose or policy.

Lady Justice Arden in Commissioners of Customs & Excise v Elm Milk Limited [2006] CA

“The courts have in the last few decades changed their approach to statutory interpretation. Their approach is now less literal than it used to be. A more purposive approach is now often used. This entails that the judge will have a greater role in interpretation than he would have under a purely literal approach since having found the purpose the judge will need to consider whether such purpose is furthered or hindered the interpretation that he favours. That approach will enable the courts further to ensure that an enactment achieves what the legislature intended. But to adopt a purposive approach the court needs to understand as best it can from the words Parliament has used the purpose or policy behind the provisions that the court has to interpret. It may well be that in this case, the judge, as probably often happens, did this silently but it is desirable in the interests of the application of the case in subsequent cases for the court to state the view that it has formed of Parliament’s purpose so it can be seen what part the judge’s perception of the purpose of the statute played in his conclusion.”