That would only apply when it is agreed there is no chance of the shares rising again. It wouldn't work for, say, BOI shares, unless they are nationalised. You can't opt for "negligible value" treatment just because your shares are lower in value than when you bought them.
There are also "bed and breakfast" restrictions, whereby if you sell off the shares, and crystallize the loss, then replace with identical shares within 4 weeks, that loss may only be carried forward and used against a gain made on the selling of those same shares.
Believe me, someone has been there before you spotting loopholes, and laws have been amended accordingly.