The Literal Rule
- Created by: Dominic Hayward
- Created on: 15-12-13 10:41
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- The Literal Rule
- The starting point for statutory interpretation, developed in the 18th century.
- The ambiguous word is given its plain, ordinary everyday meaning.
- Porter (2006)
- Criminal Justice Act 1988
- Mr Porter had indecant images of children on his computer, in the recycling bin.
- "in possession"
- As he didn't have the software to access his recycling bin, and possession means to access, they were not in his possession, so he was found not guilty.
- "in possession"
- LNER v Berriman (1946)
- A man died repairing the tracks. The law said a lookout should be provided.
- "repairing and relaying"
- As Mr Berriman was maintaining the tracks and not repairing or relaying them, Mrs Berriman's compensation claims were denied.
- "repairing and relaying"
- Fatal Accidents Act 1864
- A man died repairing the tracks. The law said a lookout should be provided.
- The starting point for statutory interpretation, developed in the 18th century.
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