Powered by Lexis+®
CASE STUDY

“LexisPSL and the other Lexis solutions support our business in exactly the way we want. They enable us to quickly turn around work and deliver the best possible service to our clients.”

SBP Law

Access all documents on Purposive construction of statutes and other documents

Purposive construction of statutes and other documents meaning

What does Purposive construction of statutes and other documents mean?
Purposive construction (or purposive interpretation) is how courts read statutes and legal documents by identifying the objective the provision was meant to achieve and, for legislation, the legislature’s intention, then construing the words to give effect to that purpose. It is a case-law based descriptive term, used across statutory interpretation and the construction of contracts, trust deeds, articles of association and wills. Across England and Wales, Scotland, Northern Ireland and Ireland, courts start with the text, read in its context and scheme, and prefer a meaning that advances the provision’s purpose (for statutes, the mischief addressed). They may use internal aids (long title, headings, definitions) and, in limited UK circumstances, parliamentary materials (Pepper v Hart). The court will not rewrite clear words or fill gaps, but may depart from a strictly literal reading where ambiguity, absurdity or frustration of purpose would otherwise result (eg Quintavalle). In contracts, purposive construction aligns with contextual, commercially sensible reading. In practice, purposive construction drives statutory interpretation, influences drafting (eg recitals and purpose clauses) and litigation strategy, and remains prominent for modern legislation, EU-derived provisions and complex commercial documents.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.