AO1 - Literal Rule

• Definition - Victorian approach where the judge reads the statute and gives the words their plain, ordinary meaning even if the result is not very sensible
• Features:

  • Courts will make use of a dictionary
  • Most common rule of interpretation and the least controversial
  • Idea was expressed by Lord Esher in 1982 - 'If the words of an act are clear, you must follow them, even if they lead to a manifest absurdity'
  • Heavily criticised as it has led to injustice in cases
• Cases:

  • Whiteley v Chapel - D was not guilty under the literal rule as a dead person is literally not 'entitled to vote'
  • LNER v Berriman - Claim failed as the act stated it only applied whilst 'repairing or relaying' the track, which did not literally cover maintaining the track
  • Cheeseman v DPP - Oxford dictionary states that a 'street' is any public place but 'passengers' could not be the police as they were stationed at the time so the defendant could not be arrested in those circumstances