Galloway v Galloway: HL 1956

The court considered the interpretation of a provision in a statute continued from an earlier statute.
Viscount Radcliffe said: ‘I must confess that I do not lend a sympathetic ear to this last and almost mystical method of discovering the law, least of all when it depends upon a consolidating Act the function of which is to repeat, but not to amend, existing statute law.’
Under the common law, reference in a statute to ‘child’ or ‘children’ would prima facie mean a legitimate child or legitimate children.


Viscount Radcliffe, Lord Tucker, Lord Oaksey


[1956] AC 299, [1955] 3 All ER 429


England and Wales

Cited by:

CitedDunnachie v Kingston Upon Hull City Council CA 11-Feb-2004
Compensation for non-economic loss brought about by the manner of an unfair dismissal is, on authority and on principle, recoverable. The award of such compensation by the employment tribunal in the present case was not excessive and was adequately . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Children

Updated: 29 April 2022; Ref: scu.194792