Statutory Interpretation - Literal Rule Flashcards
What is the Literal Rule?
The Literal Rule states the courts will give words their plain, ordinary or literal meaning.
In which case did Lord Esher describe the Literal Rule?
R. Judge of the City of London Court
What did Lord Esher Say?
'’If the words of an Act are clear, then the judge must follow them even though they lead to a manifest absurdity. The court has nothing to do with the question of whether the legislature has committed an absurdity’’
What 4 cases can be used to show the Literal Rule?
1) LNER V Berriman
2) Whitely V Chappel
3) R V Bassett
4) Fisher V Bell
What happened in LNER V Berriman?
A widow was denied compensation as her husband was ‘‘maintaining’’ not literally ‘‘relaying or repairing’’ as the Act specified
What happened in Whitely V Chappel?
Offence to: ‘‘impersonate any person entitled to vote’’
D used a dead mans vote. D was acquitted as a dead man is not ‘‘entitled to vote’’
What happened in R V Bassett?
D filmed a man showering in his trunks
Judge looked up the word ‘‘breasts’’ and decided that it applied to male chest as well as female breasts.
What happened in Fisher V Bell?
D had a flick knife in his shop window with a price tag on it. Statute made it an offence to ‘offer’ flick knives for sale. Conviction quashed as it was an ‘invitation to treat’ not an ‘offer
Give 3 advantages of the Literal Rule
1) Creates Certainty
2) Upholds Parliamentary Sovereignty
3) Same verdict for everyone
Give 3 disadvantages of the Literal Rule
1) Decreased fairness as it can cause an absurd result
2) Predictable, so Law is slow to develop
3) Presumes Act is perfectly written by Parliament
