Literal Rule

• The literal rule requires judges to apply the ordinary, dictionary meaning of words even if the outcome is absurd.
• The Literal Rule


  If the words of an Act are clear then you must follow them even though they may lead to a manifest absurdity. - Lord Escher
• Lord Escher supports Parliamentary Supremacy and the Separation of Powers. He thinks it is wrong to flout the written word of the law.
• The Literal Rule


  interpreting a statute by applying the literal definition of an unclear word using a dictionary.
• Manifest absurdity

  An unfair result from interpreting an Act literally.
• LNER v Berriman [1946]


  Oiling the tracks was more like maintenance. D not liable.

  Fatal Accidents Act 1846.

  The Literal Rule.
• Fatal Accidents Act [1846]


  Allows people to sue for compensation when relatives were killed by wrongdoings of others.

  A lookout is required when repairing or relaying the track.
• DPP v Cheeseman [1990]


  Masturbating in public toilets. D not guilty.

  Town and Police Clauses Act 1847.

  Public Health Acts Amendment Act 1907.

  The Literal Rule.
• Town and Police Clauses Act [1847]


  It is an offence to expose oneself in the street to the annoyance of passengers
• Public Health Acts Amendment Act [1907]


  A street is any area under the control of the public authority
• The outcome in DPP v Cheeseman was absurd because he was caught committing a crime by the police