Week 4 Mischief Rule

Mischief Rule

Another rule that the court uses is the Mischief rule. This enables the statute to fulfil its intended purpose because the court examines the law before the act to discover the mischief that the statute was intended to correct. Therefore this rule is used where there is ambiguity in the statute. It was established in Heydon’s Case (1584) 3 Co Rep 7a.

Disadvantages of the Mischief rule

Creates a crime after the event thus infringing the rule of law.

Smith v Hughes (1871) LR 6 QB 597

Gives judges a law making role infringing the separation of power.

Judges can bring their own views, sense of morality and prejudices to a case.

Advantages of the Mischief rule

Closes loopholes

Allows the law to develop and adapt to changing needs.

Royal College of Nursing v DHSS (1981) 2 WLR 279

In the Abortion Act 1967, it is legal to carry out an abortion if there is a registered medical practitioner. Therefore the procedure can be carry out by nurses with the supervision of a doctor. If this case was adopted under the literal rule, the practice will be illegal but under the mischief rule no illegality occurred.

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presentation-on-the-mischief-rules-of-in.pdf (0.54 MB )

rule-of-interpretation.pdf (0.72 MB )