Statutory interpretation- LITERAL RULE

Question 1

WHITLEY V CHAPPELL?

Answer 1

Judges give words in statutes their ordinary natural dictionary meaning, even if it results in an absurd outcome to cases.

Question 2

FISHER V BELL?

Answer 2

Where words have a technical legal meaning then, under the literal rule, this will be used.

Question 3

ADVANTAGE OF THE LITERAL RULE?

Answer 3

Encourages certainty in the law, as the judges aren’t allowed to alter the meaning of words in Acts to suit themselves. The predictable result makes it easier for people to know what the law is and how judges will apply it.

Question 4

DISADVANTAGE OF THE LITERAL RULE?

Answer 4

Where use of the literal rule does lead to an absurd conclusion, it can hardly be said to be carrying out the intention of Parliament, since Parliament is unlikely to have intended absurdity or injustice.