8 mark Literal rule Flashcards
1
Q
First point Meaning
A
Giving words their ‘plain, ordinary, grammatical and literal
meaning’
2
Q
“if the words of an
act are clear, you must follow them, even if they lead to absurdity’ Who said it?
A
Lord Esher in judge
3
Q
Second point
A
rule can rely on the use of a dictionary
especially one which is relevant to the time of the Act
4
Q
Second point case
A
Cheeseman
5
Q
Third point
A
The rule can lead to harsh, absurd, and
unjust outcomes
6
Q
Third point case
A
Berriman
7
Q
Fourth point
A
The application of the rule can lead to
beneficial amending legislation.
8
Q
Fourth point case
A
Bell