The Literal Rule

The Literal Rule

• Courts giving words their plain, ordinary or literal meaning even if the result is absurd
• R v Jude of the City of London Court (1892)Developed during the 19th century and was the main rule until mid-20th century
  • 'If the words of an act are clear then you must follow them even though they lead to a manifest absurdity'

Cases Illustrating the Literal Rule

• Whiteley v Chappell (1868)
  • Charged under a section making it an offence to impersonate 'any person entittled to vote'
  • D pretended to be a person whose name was on th evoting list but who had died
  • Court held that D was not guilty since a dead person is not, in th eliteral meaning of the words, 'entitled to vote'
  • Using the literal rule made the law adbsurd
• London & North Eastern Railway Company v Berriman (1946)Cheesman v DPP (1990)
  • Railway worker killed whilst doing maintenance work, oiling parts along a line and was killed.
    
  • Widow tries to claim compensation because there hadn't been a look-out man provided by the railway company in accordance with regulation under the Fatal Accidents Act.
  • …