RULES OF LANGUAGE Sometimes how the wording in a section is structured can help the judge find the intentions of Parliament. If, for example, the section contains a list of words followed by a general phrase (e.g. ‘sandals, flip flops, crocs and other footwear) the thing in question, (wellington boot) can only come within the list if it is ‘OF THE SAME TYPE AS THOSE IN THE LIST’. So, is a wellington boot of the same type of footwear as those in the list? Yes/No WELL DONE! YOU HAVE JUST APPLIED THE EJUSDEM GENERIS RULE!
E.G Foster v Diphwys Casson (1887) , involved a statute which stated that explosives taken into a mine must be in a “case or canister”. Here D used a cloth bag. The courts had to consider whether a cloth bag was within the definition. Under the noscitur rule it was held that the bag could not have been within the statutory definition, because parliament’s intention was referring to a case or container of the same strength as a canister