Jersey Judgment

Shirley v Deputy Viscount [1999] JLR 256 (30 September 1999)

Statutory Interpretation Reference to Subsidiary Legislation Interpretation of Statutes Use of Rules in Statutory Interpretation

Citation: [1999] JLR 256
Status: Judgment
Jurisdiction: Jersey
Posture: Statutory Interpretation / Judgment

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Posture: Statutory Interpretation / Judgment

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Professional case brief

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Source document

Holding and result

Rules made contemporaneously with a statute may be used as an aid to interpretation when the statute is ambiguous, and their consistency with a particular interpretation tends to confirm that interpretation.

Court disposition

Interpretation clarified

Material facts

Parties

Shirley

Applicant

Deputy Viscount

Respondent

Procedural history

Posture

Statutory Interpretation / Judgment

Questions and positions

Legal issues

Whether a statute should be interpreted with reference to subsidiary legislation such as rules

Party arguments

Applicant: Statute should be interpreted without reference to rules unless ambiguous.
Respondent: Rules prepared contemporaneously with the statute may aid interpretation and confirm a particular meaning.

Court’s reasoning

Legal principles

01
[1999] JLR 256

A statute is normally to be interpreted without reference to rules, but rules may aid interpretation when the statute is ambiguous. Rules prepared contemporaneously with the statute may be a reliable guide to its meaning. Rules consistent with one interpretation tend to confirm that interpretation.

Ratio, limits and disposition

Ratio decidendi

Rules made contemporaneously with a statute may be used as an aid to interpretation when the statute is ambiguous, and their consistency with a particular interpretation tends to confirm that interpretation.

Court disposition

Interpretation clarified

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Judgment text

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Judgment

[1999] JLR 256

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