Literal Approach in UK Law

  • Matthew v Trinidad and Tobago
    • Privy Council
    • 07 Julio 2004
    ... ... a broader vision, recognising that a legalistic and over-literal approach to interpretation may be quite inappropriate when seeking to give ... ...
  • Pepper (Inspector of Taxes) v Hart
    • House of Lords
    • 26 Noviembre 1992
    ... ... Such an approach appears to me to involve the possibility at least of an immense increase ... construction of legislation which is ambiguous, or obscure or the literal meaning of which leads to an absurdity, I believe as I have said that in ... ...
  • Bank of Credit and Commerce International SA ((in Liquidation)) v Ali (No. 1)
    • House of Lords
    • 01 Marzo 2001
    ... ... 13 This approach was echoed by Lord Westbury in Directors of the London and South Western ... is, I think, beyond dispute is that their approach was far more literal and less sensitive to context than ours today. Courts were reluctant to ... ...
  • Kammins Ballrooms Company Ltd v Zenith Investments (Torquay) Ltd
    • House of Lords
    • 14 Julio 1970
    ... ... competing approaches to the task of statutory construction—the literal and the purposive approach ... 115 The words to be ... ...
  • Bonnick v Morris
    • Privy Council
    • 17 Junio 2002
    ... ... As to meaning, the approach to be adopted by a court is not in doubt. The principles were conveniently ... as a whole, and eschew over-elaborate analysis and, also, too literal an approach. The intention of the publisher is not relevant. An appellate ... ...
  • Oxfordshire County Council v Oxford City Council
    • House of Lords
    • 24 Mayo 2006
    ... ... of the judge, who took the view that the answers would inform his approach to what became rulings (iv) and (v).) ... (i) ... of the city council in these questions is concrete in the most literal sense. They wish to build houses on the land. If registration creates no ... ...
  • O'Neill v Phillips
    • House of Lords
    • 20 Mayo 1999
    ... ... 26 This approach to the concept of unfairness in section 459 runs parallel to that which ... He said that "the literal construction of these articles cannot be enforced" and, after citing from ... ...
  • Ghaidan v Godin-Mendoza
    • House of Lords
    • 21 Junio 2004
    ... ... of Appeal in the present case Buxton LJ appeared to adopt the approach, espoused in the leading text book Grosz, Beatson & Duffy, Human Rights: ... to approach the interpretative task under section 3(1) in too literal and technical a way. In practice there has been too much emphasis on ... ...
  • Benedetti v Sawiris
    • Supreme Court
    • 17 Julio 2013
    ... ... The Court held that the correct approach was to take, at least as a starting point, the ordinary market value of ... benefit (and, as Arden LJ pointed out in the Court of Appeal, the literal translation of quantum meruit is "as much as he deserves" – [2010] ... ...
  • UBS AG and Another v Revenue and Customs Commissioners
    • Supreme Court
    • 09 Marzo 2016
    ... ... -tier Tribunal, it next considered whether, applying the Ramsay approach and on a realistic appraisal of the facts, the scheme fell outside the ... [1997] 1 WLR 991 , p 999, in combination those two features — a literal interpretation of tax statutes, and an insistence on applying the ... ...
  • See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT