Basics of the Literal Rule

• what is the literal rule?

  It is a way to interperet statutes by applying the words literally and giving them their ordinary and general meaning. It isnt concerned no matter the outcome, and was developed in the early 19th century.
• How is the literal rule justified?

  Its justified on the basis that if the statute doesnt reflect Parliament's intention, then they can change the statute or pass a new legislation completely.
• what cases show the absurdity of the literal rule?

  LNER v Berriman

  Whiteley v Chappell
• What did lord Esher say in the case of R v Judge of the city of london court case about the literal rule?

  They said that the literal rule should be used if words are clear even if following the ordinary meaning of the word would lead to an absurdity.
• what are the facts of the whiteley v chappell case?

  In the case of Whiteley v Chappell the Defendant was charged under an Act that made it an offence to impersonate “any person entitled to vote”. The Defendant impersonated a dead person.
• What was the outcome of the whiteley v chappell case?

  The defendant was found not guilty
• What are the facts of the LNER v Berriman case?

  A rail worker was killed whilst carrying out maintenance work, oiling points on a railway line. His widow tried to claim compensation and was denied becausethe Fatal Accidents Act stated that payment would be made to those repairing or relaying the track and oiling was neither of these