Case Law
| Author | Emily Allbon/Ian Hunter/Peter Clinch |
| Pages | 93-120 |
Chapter 6
Case Law
6.1 INTRODUCTION
To ensure you get the best from this chapter, check that you know the type of information you are trying to find.
Are you looking for:
(1) the text of a particular case the title or citation you know? or
(2) any cases in a practice area, or on a topic or subject?
If (1), a wide range of free and fee-paying services is available.
If (2), a more restricted range of sources is available, but this is where the large commercial databases come into their own, offering sophisticated searching across a very wide range of reported and unreported cases (see Appendix 2 for a definition).
To make the best use of expensive subscriber-only databases, do not use the keyword or subject search function in one of the comprehensive, commercial databases without having taken time to research in other sources for the most focused and appropriate search terms to use. First undertake a subject search in the commentary sources mentioned in Chapter 11 and/or practitioner books, to discover the key cases on the topic. Then, read the judgments and look at the catchwords (definition in Appendix 2) at the beginning of the key reported decisions to generate a list of more focused keywords which when used in the commercial database will offer the best chance of identifying further, relevant cases.
The sources for each jurisdiction listed below are divided into the free sources, followed by the subscriber-only. The contents of each website or database are described, focusing in particular on whether reported or unreported cases are available, over what time period and whether subject searches may be undertaken.
Lastly, clarify whether you need the full text of the case or just a summary – you may assume that all the sources featured in this chapter provide the full text of cases unless it is specifically noted that only summaries are available.
Abbreviations for publications can be converted into their full title by using any of the following:
94 Legal Research: A Practitioner’s Handbook
• Cardiff Index to Legal Abbreviations (free):
Includes over 17,000 abbreviations to over 10,000 law publications worldwide. Can search from abbreviation to title and vice-versa. Also lists the preferred citation where it has been stipulated by the publisher.
• Raistrick, D, Index to Legal Citations and Abbreviations (Sweet & Maxwell, 4th edn, 2013).
• Osborn’s Concise Law Dictionary (Sweet & Maxwell, 12th edn, 2013).
• The list given in Appendix 1.2.
Details of how to cite cases are given at the end of each section on a particular jurisdiction – details of the system of ‘neutral citation’ (see Appendix 2 for a definition) in the jurisdiction are given.
To check the progress of a case through the courts and whether a particular case is still good law, see Chapter 10.
To check whether a particular court in the United Kingdom has made administrative and/or practice directions about the citation of case law before it, see Appendix 3.
6.2 ENGLAND AND WALES
6.2.1 Free sources
Warning
Free sources usually provide either the transcript (see Appendix 2 for a definition) of the decision or a summary. Some, such as the British and Irish Legal Information Institute (BAILII), include transcripts of many unreported decisions. The courts have placed restrictions on the use of unreported decisions in litigation – see Appendix 3.
A proportion of cases appearing in the free services will also appear as reported decisions in print publications and online services. The courts have made practice directions regarding the hierarchy of law reports to be cited in litigation. See Appendix 3 for details of these requirements.
Full-text sources
Here are the key websites. BAILII is an excellent portal for cases from a wide selection of courts and tribunals. It now comprises 90 databases with over 290,000 searchable documents. Use the Venables Legal Resources website
British and Irish Legal Information Institute (BAILII) (free):
The first link above is to UK courts and tribunals, the second to those specifically within the jurisdiction of England and Wales.
Cross-court subject searching is available at:
Transcripts of cases from a wide selection of courts and tribunals from 1996 onwards. But note that there are circumstances when a transcript of a case will not appear on BAILII, and should not appear anywhere, for that matter:
In addition to the recent case law, about 1,500 landmark judgments from earlier years, selected by academic lawyers have been added to BAILII.
Scottish Council of Law Reporting: list of British courts and tribunals (free):
Extensive and valuable list of links to British and international courts and tribunals with a note of whether decisions of the court or tribunal are available at the court website.
Transcripts of Judicial Proceedings in England & Wales: A Guide to Sources, compiled by Sally McLaren (Inner Temple Library, 2017 edn (Reissued June 2018))
A revised and expanded version of the invaluable 2011 edition, listing by court, organisations holding copies of transcripts of unreported cases. The 2017 edition greatly expanded its coverage of tribunals, and the 2018 reissue takes into account new procedures for obtaining transcripts from hearings at certain London courts. The transcript content of the major commercial databases is not included. Available to buy only as an online version:
Here are some links to other sources of decisions.
Supreme Court (free):
Provides access to full text of decisions and associated press summaries from 1 October 2009 onwards.
House of Lords: Judgments Archive (free):
Provides access to full-text transcripts of judgments from the Appellate Committee from 14 November 1996 to 30 July 2009.
Judicial Committee of the Privy Council (free):
Provides access to full text of judgments and associated press summaries from 1 October 2009 onwards.
Judicial Committee of the Privy Council Archive (free):
Provides access to full-text transcripts of judgments up to 31 July 2009.
96 Legal Research: A Practitioner’s Handbook
First-tier Tribunal (Immigration and Asylum) (free):
Select ‘Previous Decisions’ to view the decision archive, where you can filter search by country, name of judge or appellant. No details of the extent of the archive of the tribunals but seems to go back to cases from 2000. Contrast with BAILII which includes reported and starred decisions from 1973 onwards – only a handful before the mid-1990s.
Employment Tribunals (free):
Carries a selection of Employment Tribunal and higher court decisions on part-time workers only.
Employment Appeal Tribunal (free):
Decisions post-December 2015:
Judgments from full hearings from 1999 to February 2017, and selected other hearings:
Lands Chamber (free):
Searchable database of decisions from 2000 onwards and list of cases appealed to the Court of Appeal.
Leasehold Valuation Tribunal (free):
The Residential Property Tribunal Service (RPTS) provides the full text of all Rent Assessment Committees and Leasehold Valuation Tribunal decisions from 1 January 2006. Decisions before this date made by the Leasehold Valuation Tribunals are available on the Leasehold Advisory Service website:
Solicitors Disciplinary Tribunal (free):
Searchable database of judgments, and based on the earlier simple list of hearings which was available on this site. Results carry a link to the full text of the tribunal’s judgments, where available. Older judgments are available by post or email from the Tribunal’s Office:
Coroner’s Inquest Reports
Coroner’s Inquest files are closed to the public for 75 years. To view records falling within that time period apply to the Coroner’s Office in the area concerned. Only ‘properly interested persons’ may inspect records. Jervis on Coroners (Sweet & Maxwell, 13th edn, 2013) notes that there is no definition of the phrase for the purposes of the provisions on access to documents, but states that the phrase ‘should mean what it means elsewhere in the Coroners Rules, that is, a person entitled to be represented at the inquest.’ Files outside the time period are usually transferred to the local authority to be added to the local records or archives collection. Failing either avenue, local newspapers are the best source of information. Older newspaper reports (19th century and early 20th century) appear to be almost a transcript of the proceedings. Some local authority local history/ records/archive collections also maintain indexes to local newspapers. Alternatively, see section 11.3.2, below for information on how to trace copies.
BAILII’s JISC-supported leading cases (free):
A selection of 2,380 leading cases identified by academic lawyers, the full text organised under a range of broad subject headings.
Venables Legal Resources (free):
Portal to a number of court and other websites.
For pre-1865 cases use:
The English Reports (period covered 1220–1873) available free on Commonwealth Legal Information Institute (CommonLII):
Summaries
ICLR.3:
The website of the Incorporated Council of Law Reporting gives access to free summaries of cases intended for publication in The Law Reports, Weekly Law Reports and some of the ICLR’s specialist series, e.g. Industrial Cases Reports. The summaries are added usually within a day or two of the decision and are colour-coded according to legal topic, which makes them far easier to navigate. A subscription is needed for access to the full text of the reports...
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