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Please note amendments have recently been made to the Rules of the High Court of Justice 2009 which have not yet been incorporated into a consolidated set of Rules. You should check each amendment. Rules of the High Court of Justice (Amendment) 2024. Rules of the High Court (Matrimonial Proceedings) 2023.
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Article 1. 1. The Members of the Court are the judges elected in accordance with Articles 2 to 15 of the Statute. 2. For the purposes of a particular case, the Court may also include upon the Bench one or more persons chosen under Article 31 of the Statute to sit as judges ad hoc.
137. Pixar’s Ed Catmull: Throw out your rules | Master of Scale. Share this summary. Intro. In this episode of the “Master of Scale” podcast, Ed Catmull, co-founder of Pixar, shares insights into the transformation of Steve Jobs and the importance of constantly tweaking and reinventing work methods.
Sep 11, 2024 · Contempt of court is a legal concept that refers to any behaviour or action that disrespects the court's authority, undermines the legal process, or disrupts court proceedings. It is a serious offence with severe legal consequences, including fines and imprisonment.
- Introduction
- The Rules of Statutory Interpretation
- Rules of Language
- Internal Aids to Interpretation
- External Aids to Interpretation
- Presumptions
The task of interpretation may vary in difficulty. F.A.R. Bennion (Statute Law, 1990), has identified a number of factors that may cause doubt: 1. The draftsman may refrain from using certain words that he or she regards as necessarily implied. The problem here is that the users may not realise that this is the case. 2. The draftsman may use a broa...
1. THE MISCHIEF RULE
The mischief rule is contained in Heydon’s Case(1584) 3 Co Rep 7, where it was stated that for the true interpretation of all statutes four things are to be considered: 1st. What was the common law before the making of the Act. 2nd. What was the mischief and defect for which the common law did not provide. 3rd. What remedy Parliament resolved and appointed to cure the disease. 4th. The true reason of the remedy; and then the function of the judge is to make such construction as shall supress...
2. THE LITERAL RULE
The eighteenth and nineteenth centuries saw a trend towards a more literal approach. Courts took an increasingly strict view of the words of a statute: if the case before them was not precisely covered they were not prepared to countenance any alteration of the statutory language. One of the leading statements of the literal rule was made by Tindal CJ in the Sussex Peerage Case(1844) 11 Cl&Fin 85: An example of the literal rule is: Whiteley v Chappell(1868) LR 4 QB 147. What did Lord Esher MR...
3. THE GOLDEN RULE
Some judges have suggested that a court may depart from the ordinary meaning where that would lead to absurdity. In Grey v Pearson(1857) 6 HL Cas 61, Lord Wensleydale said: This became known as “Lord Wensleydale’s golden rule”. It only applies where the words are ambiguous. An interpretation that is not absurd is to be preferred to one that is. An example is: R v Allen(1872) LR 1 CCR 367. The Law Commission (1969) noted that: * The rule provided no clear means to test the existence of the cha...
There are a number of so-called “rules of language” which “simply refer to the way in which people speak in certain contexts” (Rupert Cross, Statutory Interpretation). 1. EJUSDEM GENERIS General words following particular ones normally apply only to such persons or things as are ejusdem generis(of the same genus or class) as the particular ones. Fo...
There is a wide range of material that may be considered by a judge both (1) in determining the primary meaning of the statutory words and (2) where there is ambiguity, in pointing the way to the interpretation that is to be preferred. Some of these aids may be found within the statute in question, others are external to the statute. We deal first ...
1. HISTORICAL SETTING A judge may consider the historical setting of the provision that is being interpreted. 2. DICTIONARIES AND OTHER LITERARY SOURCES Dictionaries are commonly consulted as a guide to the meaning of statutory words. Textbooks may also be consulted. 3. PRACTICE The practice followed in the past may be a guide to interpretation. Fo...
There are various presumptions that may be applied: (i) Presumption against changes in the common law (ii) Presumption against ousting the jurisdiction of the courts (iii) Presumption against interference with vested rights (iv) Strict construction of penal laws in favour of the citizen (v) Presumption against retrospective operation (vi) Presumpti...
CATMULL: You could not do production work for the other. But on the other side, you could beg, borrow, and steal ideas from each other, because we did not want them to be an existential threat to each other.
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The doctrine of judicial precedent is the body of rules which form the basis of common law (case Law). It consists of the principles of stare decisis, binding precedent in the form of ratio decidendi, and persuasive precedents including obiter dicta and the hierachy of the courts.