Statutory Interpretation: Approaches

Literal Rule

• Words in their ordinary grammatical meaning.
• Advantages: leaves law making to Parliament and makes law more certain.
• Disadvantages: assumes that every Act is perfectly drafted; words have more than one meaning, can lead to absurd results and can lead to unjust decisions. 
• Case: LNER v Berriman
  Not ‘relaying or repairing’ track, but was oiling points (maintenance) Literal response – held maintenance was not within the literal meaning of the words ‘relaying or repairing’ and therefore couldn't claim compensation. 

Golden Rule

• Can choose best interpretation of ambiguous words OR avoid an absurd/repugnant result.
• Advantages: respects the words of Parliament as only used in limited situations and avoids the worst problems of the literal rule.
• Disadvantages: can only be used in limited situations, a ‘feeble parachute’ – Zander.
• Case:  R v Allen
  ‘Marry’ meant to go through a…