Literal Rule Disadvantages

What are the 4 disadvantages of the ‘Literal Rule’

Unrealistic

Undermines Parliament’s intention

Absurd results

Ignores limitations of language

Expand on ‘Unrealistic’

Expects an impossible level of perfection from Parliamentary draftsmen. Parliament can’t be expected to foresee every situation that might arise.

Expand on ‘Undermines Parliaments intention’

The decision in ‘Fisher v Bell’ - D succeeded in arguing that a display in a shop window is not an ‘offer for sale’ can hardly be said to have achieved what Parliament wanted. Judges are now required to interpret statutes in a way which is consistent with human rights which favours a more purposive approach.

Expand on ‘Absurd Results’

Following words exactly can lead to blatantly harsh results e.g ‘Berriman’ - Widow unable to claim compensation for death of her husband who was ‘oiling’ the track rather than ‘relaying or repairing’

Expand on ‘ignores the limitations of language’

The rule over-emphasises the literal meaning of a word without giving due weight to its context. Professor Michael Zander - “it was mechanical and divorced from the realities of the use of language”