Seaford Court Estates Ltd v Asher

Seaford Court Estates Ltd v Asher [1949] 2 KB 481 is a case English law concerning interpretation of an Act of Parliament.

Denning LJ held that the Act should be interpreted according to the mischief that Parliament was attempting to remedy, with consideration of the social conditions that prevailed at the time.

Whenever a statute comes up for consideration it must be remembered that it is not within human powers to foresee the manifold sets of facts which may arise, and, even if it were, it is not possible to provide for them in terms free from all ambiguity.

A judge, believing himself to be fettered by the supposed rule that he must look to the language and nothing else, laments that the draftsmen have not provided for this or that, or have been guilty of some or other ambiguity.

He must set to work on the constructive task of finding the intention of Parliament, and he must do this not only from the language of the statute, but also from a consideration of the social conditions which gave rise to it, and of the mischief which it was passed to remedy, and then he must supplement the written word so as to give "force and life" to the intention of the legislature.