Ejusdem Generis in UK Law

The presumption then is that the draftsman's mind was directed only to that genus and that he did not, by his addition of the word "other" to the list, intend to stray beyond its boundaries, but merely to bring within the ambit of the enacting words those species which complete the genus but have been omitted from the preceding list either inadvertently or in the interests of brevity.

If the legislative purpose of a statute is such that a statutory series should be read ejusdem generis, so be it: the rule is helpful. But, if it is not, the rule is more likely to defeat than to fulfil the purpose of the statute. The rule, like many other rules of statutory interpretation, is a useful servant but a bad master.

Illustrations may be used, but general words should remain general and not be reduced to the sum of particular instances. No doubt, in order to present a petition, he must qualify as a shareholder, but I see no reason for preventing him from relying upon any circumstances of justice or equity which affects him in his relations with the company, or, in a case such as the present, with the other shareholders.

The words are a recognition of the fact that a limited company is more than a mere judicial entity, with a personality in law of its own: that there is room in company law for recognition of the fact that behind it, or amongst it, there are individuals, with rights, expectations and obligations inter se which are not necessarily submerged in the company structure.

Even if it were not already obvious, the concluding words, "or other intellectual property", show that the "commercial information" which the definition contemplates must be information of the same type ("ejusdem generis") as the other examples of intellectual property which are listed in subsection (5). The information with which this case is concerned does not pass that test and this action is not concerned with the infringement of any rights pertaining to intellectual property.

The Board went on to say that the shared characteristic might be an innate one "such as sex, color, or kinship ties." This reasoning covers Pakistani women because they are discriminated against and as a group they are unprotected by the state. Indeed the state tolerates and sanctions the discrimination. It avoids any objection based on the principle that the group must exist dehors the persecution. Nazi Germany, Stalinist Russia and other examples spring to mind.

The doctrine of ejusdem generis is only a part of a wider principle of construction, namely, that, where reasonably possible, some significance and meaning should be attributed to each and every ward and phrase in a written document. That being the object of the doctrine it is difficult to see what difference it can make whether the word "other" is or is not used, provided and this is essential - that the examples which have been given are referable to a clearly ascertainable genus.