Statutory Interpretation- Get Craies!

“CRAIES” JUSTIFIES THE STATUTES A CENTURY ON!

An appreciation by Phillip Taylor MBE

The distinguished Edwardian, W.F. Craies, launched the first edition of this work on statutes 100 years ago founded on ‘Hardcastle on Statutory Law’ which Lord Browne-Wilkinson comments “have been with us from the beginning of English law and, although the emphasis of judgments varies over the years, give or take a little, the basic principles remain much the same”. Then he contradicts himself! And rightly so!

This is a splendid piece of legal expertise guiding professionals through the various kinds of primary and subordinate legislation with a twenty-first century flair which made Lord Browne-Wilkinson recant immediately- the making and constructing of legislation has fundamentally altered in the last 30 years and ‘Craies on Legislation’ sets us on the best path for the future.

This is an essential work for all involved in the legal and political processes. It provides a practical guide – 32 chapters in five parts plus judgment extracts – to understanding and applying legislation of all kinds. Additionally, it gives practical information about the legislative process itself which will be extremely helpful for learners, trainees, tutors and highly experienced lawyers alike.

Greenberg is by far the best choice to edit this work with his distinguished background as Parliamentary Draftsman at the Office of the Parliamentary Counsel. He has also deployed the skills we find on show in the excellent “Stroud” with its brilliant detail.

The ninth edition of ‘Craies on Legislation’ is a re-writing which gives us the following contemporary guidance:

• it is designed to provide answers to questions that are likely to occur to the users of legislation;

• it describes the legislative process, including important innovations such as legislative reform orders and Public Bill Committees;

• it includes a practical guide to drafting, for legislative and other legal purposes;

• it covers questions of the timing of legislation including technical issues such as retrospectivity;

• it explores issues about the extent and application of legislation, including areas such as the consequences of new legislation on existing law and the effect of errors in legislation;

• it covers Acts of Parliament, rules, regulations, orders, other subordinate legislation, the devolved legislation of Scotland, Wales and Northern Ireland, and European legislation;

* it examines the different rules of statutory interpretation and the consequences of the Human Rights Act 1998, section three on statutory interpretation;

* it looks at the consequences of the controversial rule in Pepper v Hart and the case law which has since developed from that decision;

* it describes recent trends in statutory interpretation, including purposive and contextual construction;

* it follows recent developments in particular areas of legislation, such as burdens of proof in criminal legislation and constitutional legislation;

* it includes coverage of European legislation, including examining the nature of European legislation, its effect and interpretation; and

*it contains useful extracts from judgments and other documents in the excellent appendix at the back.

Greenberg’s formidable task in explaining where we are today with modern legislation has been executed with a masterly command of the subject-matter Browne-Wilkinson says it has been written by a man with a profound and perspicacious knowledge of his subject and that it will be indispensable- it is!

CRAIES ON LEGISLATION

A practitioners’ guide to the nature, process, effect and interpretation of legislation

9th EDITION

Editor: Daniel Greenberg

ISBN: 978 1 847 03138 9

THOMSON SWEET & MAXWELL

www.thomsonreuters.com

All you want to know about damages

McGREGOR ON DAMAGES

THE PRIMARY REFERENCE TOOL FOR ALL ASPECTS OF DAMAGES

An appreciation by Phillip Taylor MBE Richmond Green Chambers

The sole author of this work for over 50 years, Harvey McGregor QC is widely regarded as the leading authority on damages in the UK, the Commonwealth and beyond -- which is why you cannot afford not to have this the latest 18th edition of this primary reference tool to hand, on the general principles and the particular aspects of common law damages.

We are very fortunate to have a man with his knowledge and experience sharing it with us. Note that it’s 6 years since the last edition of “McGregor” was published and as the author points out, ’change has been rife in the interim,’ alluding to, for example, certain unattractive rules having been abandoned by the House of Lords, while at the same time, ‘brakes have been applied to expanding areas.’

As for what exactly constitutes ‘damages’, it’s the author’s assertion that arriving at a definition of the term has become more and more difficult as time has moved on and that therefore ‘the search for a clear cut comprehensive definition is therefore abandoned’. He does add that there is a definition which applies generally but not invariably and, in case you’re curious, it can be expressed as:

‘Damages in the vast majority of cases are the pecuniary compensation, obtainable by success in an action, for a wrong which is either a tort or a breach of contract, the compensation being in the form of a lump sum awarded at one time, unconditionally and in sterling.’

Incorporating and encompassing all the new complexities of an already complex area of law, the new edition of McGregor contains a wealth of new material too extensive to list here, although, in the current political climate, it is irresistible not to mention the new and very topical damages chapter on Invasion of Privacy and Misfeasance in Public Office.

This carefully structured and meticulously compiled work of reference is split into 4 book parts with 46 chapters in about 2000 pages - it’s big, heavy and authoritative, and states the law as at the beginning of 2009, although reference to case reports appearing afterwards and before final proof stage of cases included in the text have been added, together with other pertinent addenda.

However, if in these competitive times, you need to stay completely up to date to keep on top of your game in an ever changing legal landscape, don’t forget those further updates which are produced regularly from Sweet and Maxwell! To end where McGregor begins, his Preface states “life for the legal author is not as easy as it used to be” (weight of authorities/lengthy judgments).

Here, Harvey McGregor has made life easy for us as the users, finding our way out of the myriad complexities of the law of damages…and we are all the better for his shared expertise as another cornerstone of the Common Law Library.

ISBN: 978-1-847-03498-4

McGREGOR ON DAMAGES 18th Edition By Harvey McGregor QC

Sweet & Maxwell Thomson Reuters

www.sweetandmaxwell.co.uk

YouTube: http://www.youtube.com/watch?v=Wo2PjFyIty8

Handy Hints for Studying Law

HANDY HINTS FOR STUDYING LAW



Commentary by Phillip Taylor

Overview

Remember that when you are studying law, at whatever level, the main need is for you to understand the basic substantive principles involved. You will then need to apply these principles in either an essay or factual situation. These general notes are intended to cover all main law courses although I recognise that some points may not be applicable to your own particular studies.

Legal principles have been laid down both by statute and in case law. However, you must realise that you cannot learn every case, so be guided by your textbooks to those cases that are the most important. Also, know you way around your statute books so you are familiar with the main pieces of legislation relevant to your course.

Some paragraphs are highlighted for effect in many of the leading texts and practitioners’ works. Do take special notice of these highlights as you prepare for your final revision.


Here are 10 guidelines to help you with your revision:

1. Review the contents of your textbooks so that you have an overview of the course.

2. Do the same with each specific topic that you have selected for revision. Follow your own selection of topics covered in the textbooks.

3. Examine one topic at a time and digest it.

4. Look where the author has highlighted points.

5. Read each leading passage and case carefully and try to understand what is being said (re-read the notes you have already made as they are always a useful learning device).

6. Make a determined effort to remember:
Names of cases
Facts of the case
The ‘ratio decidendi’
Other important or associated features

7. Re-read the passage a few times and then ask yourself:

- Does this passage link with other areas, cases and interpretations?
- How is it similar?
- How does it differ from other points already known?
- Do I understand this part of the law? If your answer is ‘no’, then read it over again.

8. Test your understanding by working through any self-examination questions by memory only.

9. Mark your self-assessments by checking through the text to establish where you have made errors or omissions and then rectify and memorise the points. Possibly, you might need very short notes for any awkward points that you feel you might forget.

10. Remember that you are undertaking an academic examination and you need to be able to argue points from both sides and include academic thought in your answers. Do note that you cannot afford to forget what you have already studied, nor can you overlook other areas of the law when giving answers to questions. In examinations, the examiner expects you to have retained knowledge learnt from other areas of the law.

IN THE EXAMINATION HALL

(Note that some examining bodies do have the habit of changing the format of the examinations from time to time, so these guidelines are of a general nature. You must read the instructions at the beginning of the paper.)

Points discussed in this section are for each subject. You will probably find that you will have to try some problem questions. For some subjects there may be a wider range of questions to choose from, and the paper may be split up into different parts to cover essay questions and problem questions.

Do read the rubric at the top of the examination paper in case any changes have been made. The examiners sometimes slip in changes which you must take notice of.

You may consider that the paper you are sitting may not, superficially, appear to cover all the topics on the syllabus. However, within individual questions there may be parts which give the examiner greater scope to test your knowledge of the subject generally by linking specific topics.

This is not to catch you out, but merely to test your knowledge - that is what this examination is all about.

COMMENTS ON EXAMINATION TECHNIQUE

From the beginning of your course you will have been preparing yourself for the final examination. The techniques that the examiner may use in order to test your knowledge are the discussion-type essay, the situation -type question and the essay-type question which is broken down into individual parts: (a), (b), (c), etc, so that you do not need to spend so much time planning your answer. Ensure you read the question clearly: answer what is required.

Study the passage/question carefully and then read the questions set about it. Don’t attempt to answer a question until you are satisfied that you fully understand the passage.

Consider the following questions:

A-what is this section/question all about?
B -what areas of law does it cover?
C -what are the relevant laws and academic legal arguments, and what are the related statutes and cases?

Underline key phrases and words in the question and then make absolutely sure that you use these in your answer and that the content of your answer is relevant to those key points in the question.

Review the main points of the answer by brainstorming. Order your ideas and use cases to substantiate your answer.

Do refer back to the question whilst writing out your answer.

Concentrate on making distinct and separate points, backed by references/authorities.
Write in clear, simple English, and keep your sentences short.

Avoid large, undigested paragraphs of jargon or colloquialisms.

Do not waffle, and be relevant. The examiner will detect irrelevant trivia. Note that the examiner is an experienced person with substantial knowledge of substantive legal issues (otherwise he or she would not be an examiner!)


Allocate sufficient time for each question very strictly. Remember that when an examiner is constructing an examination paper time is allowed for reading the question, preparing the answer, writing it and reading it through once it has been completed.

Let me give you an example of marking bands:


TYPES OF MARK BANDS USED FOR ‘A’ LEVELS

These are the marking bands used by some examiners for GCE “AS” and “A2” levels to give an indication of the potential content they are seeking:


21-25 marks


The candidate demonstrates the ability to recognise and explain the rules of law in (i) – (iii), and to select and analyse the key facts so as to achieve perceptive application on which a sustainable solution can be based.


16-20 marks


The candidate shows clear understanding of the rules of law in (i) – (iii), developing explanations and using illustration, but is a little hesitant in developing the application required.



11-15 marks

The candidate shows understanding of the appropriate rules of law in (i) – (iii), developing explanations and using illustrations but is unable to extend the analysis to achieve substantial application of the rules to the facts.

or The answer explains and applies any two of (i) – (iii) (max. 12 if, for example, no murder framework given as in (i)).

or There is a more balanced approach in which explanation, analysis and application are present across the range, but the answer is a little superficial or suffers from some confusion.



6-10 marks

The candidate begins to indicate some capacity for explanation and analysis by introducing consideration of some appropriate rules drawn from (i) – (iii), but the explanations are limited and superficial.

or

The candidate adopts an approach in which there is concentration on explanation in terms of the facts presented, rather than through development of explanation and application of legal rules.



1-5 marks


The candidate merely introduces fragments of information or unexplained examples from which no coherent analysis and explanation can emerge.

or.

Though the candidate attempts to introduce explanation, analysis and application, this is so fundamentally undermined by error and confusion that it remains substantially incoherent.


0 marks

The candidate presents no information relevant to the question.


LAST MINUTE REVISION TIPS

With the actual examination day approaching fast, last minute revision becomes of key importance, but don’t overdo it! You will need to allocate your final revision time carefully.

Prepare a revision programme:

- Prepare for yourself your own schedule of topics to be covered during the revision period.

- Allow time for emergencies that may occur during this critical time.

Plan your time carefully:

- Think about how you are going to use your time. It is a good idea to do 40 to 45 minutes intensive study and then have a 10-minute break. A two-hour stretch at a time is about the maximum that you will be able to do at any one time.

- Make sure that you will not be disturbed.


GOOD LUCK TO YOU IN THE EXAMINATIONS


Phillip Taylor
5 Connaught Road
Richmond-Upon-Thames
Surrey TW10 6DW

Telephone 07726 111921 e-mail: richmondchambers@btonnect.com