Hamelin Lecture Notes - 2017

Introduction

• Speaker: Professor Andrew Burrows
• Event: 69th Hamelin Lecture
• Chair: Baroness David Richmond, President of the Supreme Court
• Introduction by: Bodie Hay

Background of Professor Andrew Burrows

• Professor of the Law of England at Oxford
• Academic career began at the University of Manchester
• Experience in both academia and practice at the bar
• Recognized for writings on private common law

Lecture Focus: Statutory Interpretation

• Statutory law as the dominant source of law
• Importance of interpreting statute law
• Examination of statutory interpretation, interaction, and improvement

Statutory Interpretation

Modern Approach

• Shift from literal to contextual and purposive approach
• Key cases: Pepper v. Hart, IRC v. McGuckian, Crown v. Secretary of State for Health
• Statutory interpretation involves understanding the statute's purpose

Challenges

• Historically neglected in academia
• Importance of understanding legislative history
• Conforming Interpretation: Compatibility with the Human Rights Act, EU law, and common law principles

Intention of Parliament

Debate on the Concept

• Is parliamentary intention subjective or objective?
• Different viewpoints:
  • Objective intention (Lord Nicholls, Lord Hoffman)
  • Fictional intention (Justice Kirby, Lord Justice Laws)
  • Group intention (Richard Eakins)

Always Speaking Doctrine

• Statutes apply to unforeseen circumstances
• Key Cases: Barker v. Wilson, Royal College of Nursing v. DHSS
• Judges interpret statutes with the benefit of hindsight and current societal context

Interpretation Comparison

Contractual Interpretation

• Parallels with statutory interpretation
• Differences include the role of intention and rectifying construction
• Constitutional boundary in statutory interpretation to prevent judicial legislation

Common Law Precedents

• Similarities in being "always speaking"
• Differences in application; statutory interpretation constrained by words

Conclusion & Takeaways

• Greater emphasis needed in academia on statutory interpretation
• Avoidance of parliamentary intention fiction for transparency
• Differences in interpreting statutes, contracts, and common law precedents should be recognized

Closing Remarks: Emphasized the importance of continued dialogue and understanding of statutory interpretation in legal academia.