Literal and Purposive Approach

Need for statutory interpretation:

• ambigiuty in wording of legislation
• absurd outcome
• changes in technology
• changes in language

LITERAL APPROACH

There are 3 rules within the literal approach:

• Literal rule
• Golden rule
• Mischief rule

Literal Rule-this is the starting point for the interpretation  of any legislation. The rule uses the plain and ordinary meaning of the words in the act. Lord Esher: "if the words of an act are clear then you must follow them". LNER v Berriman- the husband was oiling the tracks not "repairing or relaying" as was required for the wife to be eligible for compensation.

Strengths- the law is more certain, unelected judges do not make the law  

Weaknesses- assumes every act is perfectly drafted, unfair/absurd meaning

Golden Rule-NARROW: where there are words with more than…