Assess the advantages and disadvantages of the literal rule

• R v Judge of City of London

  Lord Esher said "If the words of an Act are clear, you must follow them, even though they lead to a manifest absurdity
• ensures Parliamentary supremacy is maintained
• provides certainty as the wording within the Act will not change so there is less scope for interpretation
• Quick decisions being made
• the Law Commission was critical

  stated “to place undue emphasis on the literal meaning of words, is to assume an unattainable perfection in draftsmanship.
• acts are not perfectly drafted which can lead to absurd decisions when loopholes are found

  Whitley v Chappell
• Whitley v Chappell


  a statute aimed at preventing electoral malpractice was made a nonsense of when the accused was found not guilty of the offence when he impersonated a dead person to use his vote.
• can lead to unjust outcomes

  Berriman
• Berriman


  Mrs Berriman was denied compensation for her husband’s death due to the literal interpretation of the Fatal Accidents Act 1976. which did not include ‘oiling of the tracks’, only ‘replacing or relaying’.
• In conclusion, the literal rule is more of a disadvantage as it does not take into account some of the imperfect laws that Parliament have created and can lead to unjust decisions and loopholes to be taken advantage of.