Statutory Interpretation: The Literal Rule

Question 1

What is the definition of the literal rule?

Answer 1

A Victorian approach where judges give words their plain, ordinary meaning even if unjust/unfair

Question 2

What are two features of the literal rule?

Answer 2

Often make use of a dictionary
The most common rule of interpretation used by the courts
Least controversial

Question 3

What are two cases of the literal rule?

Answer 3

Whiteley v Chapel
LNER v Berriman

Question 4

What happened in Whiteley v Chapel?

Answer 4

Statute made it illegal to impersonate any person entitled to vote - D used identity of dead person
D not guilty as dead person can’t vote

Question 5

What happened in LNER v Berriman?

Answer 5

Railway worker killed whilst doing maintenance, wife tried to claim
Claim failed as act only applied when ‘repairing or relaying’, didn’t cover maintaining track

Question 6

AO3 Advantage points

Answer 6

Consistent - ROL
Limits litigation/time in court - costs
Expresses P’s intent - print the words as they mean them - PS
Makes cases predictable - Laywers

Question 7

AO3 Disadvantage points

Answer 7

Leads to injustice and absurdity
Inconsistencies - more than one meaning, judges go different ways
Law can’t develop