the literal rule

• what is the literal rule?

  when words are to be applied literally, and are to be given their ordinary and general meaning.
• when was the literal rule developed?

  19th century
• What is the significance of the case of LNER v Berriman in terms of the literal rule?

  It shows that the literal rule isnt concerned with the outcome, no matter how ridiculous it is
• How is the literal rule justified?

  It is justified on the basis that if it doent reflect parliament's intentions, then parliament can always change it's mind by passing new legislation
• what did lord esher say in the case of r v judge of the city of london court about the literal rule?

  Lord Esher stated that the literal rule should be used if words are clear even if allowing the ordinary meaning even if following the ordinary meaning would lead to an absurdity
• what is the significance of the case of whitely v chappell?

  It is an example of the literal rule being applied- the D was charged under an act which made it an offence to impersonate 'any person entitled to vote'. However, the D impersonated a dead person who cannot vote.
• what is the significance of the case of LNER v Berriman?

  It is an example of the Literal rule leading to an absurd outcome- the fatal accidents act stated that repayment would be made to those reparing or relaying the train track- the victim was doing neither of those things- however it is argued that what the V was doing (oiling the track) should be included in this