Civil Law Assignment: Interpretation of Regulations and Precedents

This essay delves into the interpretation of regulations within civil law, emphasizing the pivotal role of courts in shaping legal principles. It examines how judges interpret statutory provisions and make laws through their judgments, influencing future cases. The paper explores the evolution of law by applying established principles to novel circumstances, referencing the case of Viscount Simonds in Midland Silicones Ltd v Scruttons Ltd. [1962] AC 446, 467-468. The essay also discusses areas lacking statute law, where judicial interpretations become the primary source of law, and the significance of precedents in guiding future legal decisions. The author concludes by highlighting the importance of both express laws and judicial interpretations in maintaining legal supremacy and adapting to evolving societal contexts.

Running head: CIVIL LAW
CIVIL LAW
Name of the Student
Name of the University
Author Note

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Introduction
The Parliament is not considered to define each and every kind of possibility in order to
define and along with such explain the terms which are laid down in the statutory provisions and
therefore, due to such there is a need of interpretation of the statutory provisions which are done
by the judiciary or most importantly, the courts.
This paper discusses the concept of interpretation of the regulations by the courts and
how the judges play a crucial role in making those laws through the application of such on cases.
In addition to such, it also discusses how the law is developed through the application of old
principles to the circumstances which are new. It discusses such in lieu of the Viscount Simonds
in Midland Silicones Ltd v Scruttons Ltd. [1962] AC 446, 467-4681. In conclusion, it
summarizes the points that have been discussed in the paper.
Discussion
There are several areas which are considered to not have any kind of statute law or
provisions therefore, these would create a condition where the interpretation of such laws would
be done by the judges and they would be giving the judgments which would then be considered
as laws as these decisions would influence the future cases. It can be understood from the case of
Rylands v Fletcher [1868] UKHL 12. Lord Denning in ‘The Reform of Equity’ had stated that the
judges are considered to make law every day and such is considered to be almost heresy to say
so. Such has been mentioned by Lord Denning about the making of law by the various judges but
it is not considered to be usually mentioned that every time the law is considered to be made or
created such has the ability to be changed or reformed. The judges cannot be considered to
1 Viscount Simonds in Midland Silicones Ltd v Scruttons Ltd. [1962] AC 446, 467-468
2 Rylands v Fletcher [1868] UKHL 1

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reformulate according to the wishes of the court as they are under certain norms which are
considered to be necessary as per the steps of the legislations. The interpretations were
considered to be made in a way which would be similar to the case of Director of Public
Prosecutions v. Jones and Another 1999 (On Appeal from a Divisional Court of the Queen's
Bench Division)3. Therefore, it can be understood that the judges are considered to make the
laws as they have been upholding and along with such declaring and making law4.
In the Viscount Simonds in Midland Silicones Ltd v Scruttons Ltd. [1962] AC 446, 467-
4685 the court had held an exception to the privity rule by which they had developed the Lord
Reid test through that of the agency and it was considered to be applicable to the various sub-
contractors and along with various employees who were seeking protection through their
employers’ contract.
The law is considered to be made and developed through the application of the old
principles in new circumstances the role of the lawmakers are considered to be crucial as their
function is to declare or proclaim the law and not decide how it should be. The business related
to law making are considered to exclusively be the matters of the Parliament which is considered
to be the most dominant and protuberant standard-bearer. Therefore, the legal provisions are
considered to come from the law-making body as it can be adopted or taken from common law.
The precedents or the laws which are considered to be made by judges are crucial to the
interpretation of the law as the judges would have a better understanding and would be able to
apply the legal provisions be it statutory or through customs or common law in a better way and
3 Director of Public Prosecutions v. Jones and Another 1999 (On Appeal from a Divisional Court of the Queen's
Bench Division)
4 Shmilovits, Liron. "The Declaratory Fiction." King's Law Journal (2020): 1-29.
5 Viscount Simonds in Midland Silicones Ltd v Scruttons Ltd. [1962] AC 446, 467-468.

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such would help in setting an example for the future cases as it would influence the decisions of
the cases in future. Therefore, both the statements are considered to be correct in their own way
as both are crucial aspects of the law making body and for the regulation of the law in the
country6.
Conclusion
Therefore, it can be understood that there might be several situations where there is no
express law and for such the laws made by the judges would prove to be advantageous as it
would help in maintaining a certain kind of supremacy over the country. The development of law
is considered to be happening over time and through the time the law in itself is considered to be
evolving therefore, the application of the old principles in the new circumstances would be
considered to be beneficial and therefore, both of the statements provided in the paper above are
correct to an extent.
6 Priel, Dan. "Conceptions of authority and the Anglo-American common law divide." The American Journal of
Comparative Law 65.3 (2017): 609-657.

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Bibliography
Director of Public Prosecutions v. Jones and Another 1999 (On Appeal from a Divisional Court
of the Queen's Bench Division).
Priel, Dan. "Conceptions of authority and the Anglo-American common law divide." The
American Journal of Comparative Law 65.3 (2017): 609-657.
Rylands v Fletcher [1868] UKHL 1.
Shmilovits, Liron. "The Declaratory Fiction." King's Law Journal (2020): 1-29.
Viscount Simonds in Midland Silicones Ltd v Scruttons Ltd. [1962] AC 446, 467-468.