The claimant appealed against rejection of his request for judicial review of the decision by the respondent not to amend the definitive map to show two sections of public bridleway across an arable field.
Lord Dyson MR considered the purposive construction of an Act: ‘Even in relation to modern statutes, which are drafted by skilled specialist draftsmen and are assumed to be drafted with precision and consistency, the courts adopt a purposive (in preference to a literal) interpretation so as to give effect to what is taken to have been intended by Parliament. We use the phrase ‘purposive interpretation’ as shorthand for an interpretation which reflects the intention of Parliament. The court presumes that Parliament does not intend to legislate so as to produce a result which (i) is inconsistent with the statutory purpose or (ii) makes no sense or is anomalous or illogical. A purposive interpretation is all the more appropriate in a statute which is couched in language which is less consistent and more imprecise than that generally found in modern statutes’.
Lord Dyson MR, Gloster, Sales LJJ
[2015] EWCA Civ 669, [2015] WLR(D) 293, [2016] PTSR 112
Bailii, WLRD
Inclosure Consolidation Act 1801
England and Wales
Citing:
Appeal from – Andrews, Regina (on The Application of) v Secretary of State for Environment Food and Rural Affairs Admn 8-May-2014
The court was asked whether the then Secretary of State, by her Inspector, was right to dismiss an appeal against the decision of Wiltshire County Council refusing an application made by the Claimant to the Council for it to modify the Definitive . .
See Also – Regina v Secretary of State for the Environment, ex parte Andrews Admn 1996
. .
See Also – In the Matter of an Application for Judicial Review R v Secretary of State for Home Department ex parte Stephen Andrews CA 4-Jul-1997
. .
Cited by:
Cited – National Aids Trust v National Health Service Commissioning Board (NHS England) Admn 2-Aug-2016
NHS to make drug available
The claimant charity said that drugs (PrEP) prophylactic for AIDS / HIV should be made available by the defendant and through the NHS. The respndent said that the responsibility for preventative medicine for sexual health lay with local authorities. . .
Cited – National Aids Trust v National Health Service Commissioning Board (NHS England) Admn 2-Aug-2016
NHS to make drug available
The claimant charity said that drugs (PrEP) prophylactic for AIDS / HIV should be made available by the defendant and through the NHS. The respndent said that the responsibility for preventative medicine for sexual health lay with local authorities. . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 01 January 2022; Ref: scu.549749