Introduction to UK Cases and Legislation

1. Introduction to UK Cases and Legislation Bodleian Law Library Last updated November 2009

2. Session overview -legislation • Types of Legislation • The Legislatative process -Bills -Parliamentary process • Sources of Legislation -Unamended and amended - Keeping up to date

3. Session overview - cases • Reported case law - Cases pre 1865 - Incorporated Council of Law Reporting - Authority of law reports • Unreported case law • Finding case law - Citations - Sources of case law • Updating case law – is it still ‘good law’

4. Types of legislation • Primary legislation • Bills – Public, Private and Hybrid • Acts – Public General, Local and Personal • Secondary or delegated legislation • Statutory Instruments (S.I.s) • Orders, Codes of Practice, etc

5. Pre-legislative materials • Before a Bill is introduced research may have already been conducted in the form of: • Green papers • White papers • Law Commission reports and working papers • Royal Commissions • Public Inquiries

6. Where to find… • information on pre-legislative materials: • Lawtel – Bills, Command Papers and News & Press databases • Internet – check Government websites and the Parliament website • Westlaw

7. Progress of a Bill • A bill can start in either the Commons or Lords • First Reading : the bill's title is read out in parliament • Second Reading : debate on the general principles of the bill • Committee Stage : the bill is examined clause by clause and amendments discussed • Report Stage : allows for further amendments to be made on the bill • Third Reading : a final opportunity to comment on the amended bill • Once the bill has completed the same procedure in each House the final text of Bill is agreed • Bill receives Royal Assent and becomes an Act of Parliament

8. Where to find Bills • information on Bills • Parliament website • http://www.parliament.uk/bills/bills.cfm • Hansard • Weekly Information Bulletin • Sessional Information Digest • LexisNexis Butterworths • Lawtel

9. Acts • Royal Assent • Act comes in force: • Straightaway • Day to be assigned • Commencement orders

10. Citing references to… • Acts: • Public General Acts are cited using Arabic numerals, e.g.: • Companies Act 1985 (c 6) • Prior to 1963 Acts cited by regnal year, e.g.: • Debtors Act 1869 (32 & 33 Vict cap 62)

11. Citing references to… • Acts (continued): • Local Acts are cited using Roman numerals, e.g.: • British Railways (Liverpool Street Station) Act 1983 (cap. iv) • Personal & Private Acts are cited using Arabic numerals given in italics, e.g.: • Hugh Small and Norma Small (Marriage Enabling) Act 1982 (cap. 2)

12. Where to find legislation • Original texts • Queen’s Printer’s copy (hard copy) • Office of Public Sector Information (OPSI) website (electronic) • http://www.opsi.gov.uk/ • Current Law Statutes Annotated (hard copy) • Justis (electronic) • Law Reports Statutes (hard copy) • Lawtel (electronic) • Amended texts • Halsbury’s Statutes (hard copy) • LexisNexis Butterworths (electronic) • Westlaw (electronic)

13. Secondary legislation • Majority of secondary legislation is in the form of S.I.s • Over 3,500 S.I.s are made each year • S.I.s are used to add detail to an Act • Also used to bring Acts into force (commencement orders)

14. Citing references to… • S.I.s • Draft S.I.s are not numbered • Once an SI is approved it receives the next sequential number within the year, e.g.: • The Licensing Act 2003 (Personal licences) Regulations 2005 S.I. 2005 No.41

15. Where to find Statutory Instruments • information on S.I.s: • OPSI website (unamended) • http://www.opsi.gov.uk/ • Halsbury’s Statutory Instruments (amended) • Lexis Library (amended) • Justis (unamended) • Westlaw (amended)

16. Updating legislation • Important to always check the status of a piece of legislation: • To avoid using out-of-date information • Ensure accuracy

17. Where to find… • the status of a piece of legislation • Is It In Force? • Lexis Library • Justis • Lawtel • Westlaw Current Law Legislation Citators • Halsbury’s Statutes • Halsbury’s Statutory Instruments

18. Devolution • Wales • The Government of Wales Act 1998 • National Assembly of Wales • http://www.wales.gov.uk • Scotland • The Scotland Act 1998 • Scottish Parliament • http://www.scottish.parliament.uk • The Northern Ireland Act 1998 • Northern Ireland Assembly • http://www.niassembly.gov.uk

19. Case Law

20. Reported case law • Only small proportion of cases decided by courts are reported • Cases are selected by law report editors – not the courts

21. Reporting criteria • To be reported a case must: • raise a point of legal significance • materially modify an existing principle of law or settle a doubtful question of law • may include questions of interpretation of statutes and important cases illustrating new applications of accepted principles

22. Law reporting before 1865 • Nominate reports 1571-1865 • Commonly referred to by the name of the reporter of the cases • Reprinted in the English Reports

23. Law reporting before 1865 • All England Law Reports Reprint • Includes cases between 1558 and 1935 • Some cases referred to in the All England Law Reports and Halsbury’s Laws of England • You may also find some older cases in the Digest

24. The Law Reports • Comprised of the Appeal Cases (AC) or (App Cas), Chancery Division (Ch), Queen’s Bench (QB), Family Division (Fam) • Most authoritative report series • Law report decisions are checked by a judge prior to publication • Published since 1865 – originally as a single series covering the major courts

25. Authority of law reports

26. Unreported judgments • Transcripts are the unreported version of a judgment • Although judgments are “published” on web sites, they remain “unreported” unless published in a law report series • Neutral citation gives a judgment a unique identifying number • e.g. Horkulak v Cantor Fitzgerald [2003] EWHC 1918 (QB)

27. Deciphering citations • Raistrick, D. Index to legal citations and abbreviations. London: Bowker, 1993 • Cardiff Index to Legal Abbreviations http://www.legalabbrevs.cardiff.ac.uk – or via library web site • Halsbury’s Laws of England • Current Law • The Digest

28. Square and round brackets • Round brackets ( ) when the year is additional information • Derry v Peek (1989) 14 App Cas 337 • Square brackets [ ] when the year is primary means of identifying the case • Lloyd v McMahon [1987] 1 All ER 118

29. Sources of Case Law: Hard copy • Printed law reports are arranged in the Library according to jurisdiction • UK reports are shelved in the “100” series e.g. Cw UK 100 • Digests are shelved at 200 e.g. Cw UK 200

30. Sources of Case law: Online resources • Westlaw • This includes the Law Reports series, a large number of subject specialist reports as well as over 180,000 case analysis documents. • Lexis Library • This includes the Law Reports series, the All England Reports as well as a number of specialist reports. • There is a list of online databases on the BLL website at http://www.ouls.ox.ac.uk/law/e-resources/databases or you can access them via Oxlip+

31. Finding the right source • Easiest way is to use the online database of reports and journals • On the BLL webpage under collections. • Can be found at http://www.ouls.ox.ac.uk/law/collections/lawreports_and_journals • Can also use Justcite

33. Unreported judgments - sources • Westlaw • Lawtel • Casetrack • BAILII http://www.bailii.org • House of Lords http://www.publications.parliament.uk/pa/ld/ldjudgmt.htm

34. Finding cases by name • Online sources such Lexis, Westlaw, Justcite, Bailii • Current Law Case Citator • Law Report indexes – red indexes • The Digest • Halsbury’s – Table of Cases volumes

35. Finding cases on a subject • The Digest • Halsbury’s Laws of England • Current Law • Online sources such as Lexis Library and Westlaw

36. Is it still good law? • Has the case been cited in later case law? • Authority of a case may be strengthened by being approved in a higher court • Case may have been overruled

37. Hard copy sources • Law Reports indexes • Commonly referred to as the “red indexes” this is no longer maintained. • The Digest • Useful for pre and post 1865 cases and includes other Commonwealth jurisdictions • Current Law • Includes citator information for most law reports series, starts from 1947. Has alphabetical table of cases as well as a subject index

38. Online sources • Westlaw • Has over 180,000 case analysis documents which include case history as well as cases and legislation subsequently cited. • Lexis Library • Has a Case Search service which is an online citator similar to Westlaw’s case analysis • Justcite

39. Further help? • Self paced tutorials for the databases are available at http://www.ouls.ox.ac.uk/law/guides/database_guides • Contact katharine.jackson@bodley.ox.ac.uk to arrange 1 to 1 training