The Literal Rule

DEFINITION

• words are given their plain, ordinary, dictionary meaning
• used despite the fact it may lead to an absurd outcome

CASES

WHITELEY V CHAPPELL

• man pretended to be someone else in order to vote
• it was illegal to impersonate 'anyone entitled to vote'
• he argued that the individual was dead and so had no entitlement
• he was found not guilty

LONDON & NORTH EAST RAILWAY CO. V BERRIMAN

• man killed whilst reoiling railway tracks without a look-out man
• under the Fatal Accidents Act, it was stated to be illegal for a worker to not have a look-out man when 'relaying or repairing' tracks
• the man was not 'relaying' and not 'repairing'
• compensation was not granted to his widow

ADVANTAGES

• respects parliament by using the exact words they have written
• prevents judicial law-making
• prevents confusion
• decisions can be made quickly

DISADVANTAGES

• wording may be ambigious
• can result in an absurd outcome as seen in LNER V Berriman & Whiteley V Chappell
• judges cannot use their common sense