The Literal Rule

The Literal Rule:

• This rule gives all the words in a statute their ordinary and natural meaning. Under this rule, the literal meaning must be followed, even if the result is absurd.
• Lord Esher stated in R v City of London Court Judge (1892)

"If the words in an Act are clear, you must follow them, even though they lead to a manifest absurdity. The court has nothing to do with the question of whether the legislative has committed an absurdity"

Below are some example cases for when the literal rule has been used:

Whitley v Chappell (1868):

• The defendant was charged under a statute where it was an offence to impersonate 'any person entitled to vote'
• The defendant had pretended to be a person whose name was on the voter's list, but had died
• The defendant was found not guilty since technically speaking they did not break the law, as a dead person is not 'entitled to vote'

London & North Eastern Railway Co v Berriman (1946):

• A railway worker was killed doing maintenance work, oiling points along a railway line
• His widow sought compensation under the Fatal Accidents Act for the failure to provide a lookout for her husband
• Her claim failed because the Act stated that a lookout must be provided by the railway company for men working on or near the railway line 'for the purposes of relaying or repairing it

R v Basset (2008)

• In this case, a peeping Tom drilled a hole in a changing room wall to spy on men. He was prosecuted under the 2003 Sexual Offences Act. 
• He was found guilty but was then let off when he appealed because the Act was interpreted to mean only women's breasts. As he was looking at the torsos of men, this did not count as an offence

Advantages of the Literal Rule:

• It prevents non elected judges from making law (gives them a more restricted role)
• It makes the law more certain and easier to understand

Disadvantages of the Literal Rule:

• Not every Act is perfectly drafted
• Not every Act covers every situation
• Words may have more than one meaning and the Act may be unclear
• Can lead to an absurd, unfair or unjust decision