What does the literal rule of statutory interpretation require a judge to do?

Give the words of the statute their plain, ordinary and grammatical meaning, even if the result is absurd or harsh, because Parliament is taken to mean exactly what it said.

Which judge stated the literal rule in the Sussex Peerage Case (1844)?

Tindal CJ, who said that where the words of an Act are precise and unambiguous, the court should simply expound them in their natural and ordinary sense.

How was the literal rule applied in Fisher v Bell (1961)?

Displaying a flick knife in a shop window was held not to be an 'offer for sale' under the Restriction of Offensive Weapons Act 1959, because in contract law a window display is only an invitation to treat.

What is the golden rule of statutory interpretation?

A modification of the literal rule: judges start with the literal meaning but may depart from it to avoid an absurd or repugnant result (Lord Wensleydale in Grey v Pearson 1857).

OCR A-Level Law H418

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Statutory Interpretation

The literal, golden and mischief rules

3 things to know
Component 2

Overview

Recall questions on the literal, golden and mischief rules, the narrow and wide golden rule, Heydon's Case, and how each was applied in cases such as Whiteley v Chappell, Fisher v Bell, Adler v George and Smith v Hughes.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Process

How did the literal rule produce a harsh result in London and North Eastern Railway v Berriman (1946)?

Process

How was the literal rule applied in Whiteley v Chappell (1868)?

Process

What four questions did Heydon's Case (1584) tell judges to ask?

Questions from this subtopic

Each one with the model answer underneath.

1
What does the literal rule of statutory interpretation require a judge to do?
Model answer
Give the words of the statute their plain, ordinary and grammatical meaning, even if the result is absurd or harsh, because Parliament is taken to mean exactly what it said.
2
Which judge stated the literal rule in the Sussex Peerage Case (1844)?
Model answer
Tindal CJ, who said that where the words of an Act are precise and unambiguous, the court should simply expound them in their natural and ordinary sense.
3
How was the literal rule applied in Whiteley v Chappell (1868)?
Model answer
It was an offence to impersonate 'any person entitled to vote'; the defendant impersonated a dead voter, and because a dead person is not entitled to vote he was acquitted.
4
How did the literal rule produce a harsh result in London and North Eastern Railway v Berriman (1946)?
Model answer
Compensation was payable only to workers killed while 'relaying or repairing' track; the claimant's husband was killed while oiling points, which was maintenance, so his widow received nothing.
5
How was the literal rule applied in Fisher v Bell (1961)?
Model answer
Displaying a flick knife in a shop window was held not to be an 'offer for sale' under the Restriction of Offensive Weapons Act 1959, because in contract law a window display is only an invitation to treat.
6
What is the golden rule of statutory interpretation?
Model answer
A modification of the literal rule: judges start with the literal meaning but may depart from it to avoid an absurd or repugnant result (Lord Wensleydale in Grey v Pearson 1857).

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