Practice Direction (Citation of Authorities)

JurisdictionEngland & Wales
Judgment Date01 May 2001
Date01 May 2001
CourtSupreme Court of Judicature
Supreme Court Practice Direction (Citation of Authorities)

Practice - Civil proceedings - Citation of authorities - Categories of judgments to be cited only if clearly purporting to develop law - Requirement to justify citation of judgments purporting not to develop law - Method of citation - Authorities from other jurisdictions

This practice direction is made with the concurrence of Lord Phillips of Worth Matravers MR, Dame Elizabeth Butler-Sloss P and Sir Andrew Morritt V-C.

Introduction

1 In recent years, there has been a substantial growth in the number of readily available reports of judgments in this and other jurisdictions, such reports being available either in published reports or in transcript form. Widespread knowledge of the work and decisions of the courts is to be welcomed. At the same time, however, the current weight of available material causes problems both for advocates and for courts in properly limiting the nature and amount of material that is used in the preparation and argument of subsequent cases.

2 The latter issue is a matter of rapidly increasing importance. Recent and continuing efforts to increase the efficiency, and thus reduce the cost, of litigation, whilst maintaining the interests of justice, will be threatened if courts are burdened with a weight of inappropriate and unnecessary authority, and if advocates are uncertain as to the extent to which it is necessary to deploy authorities in the argument of any given case.

3 With a view to limiting the citation of previous authority to cases that are relevant and useful to the court, this practice direction lays down a number of rules as to what material may be cited, and the manner in which that cited material should be handled by advocates. These rules are in large part such as many courts already follow in pursuit of their general discretion in the management of litigation. However, it is now desirable to promote uniformity of practice by the same rules being followed by all courts.

4 It will remain the duty of advocates to draw the attention of the court to any authority not cited by an opponent which is adverse to the case being advanced.

5 This direction applies to all courts apart from criminal courts, including within the latter category the Court of Appeal (Criminal Division).

Categories of judgments that may only be cited if they fulfil specified requirements

6.1 A judgment falling into one of the categories referred to in paragraph 6.2 below may not in future...

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113 cases
7 books & journal articles
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill How Judges Decide Cases: Reading, Writing and Analysing Judgments. 2nd Edition Contents
    • 29 August 2018
    ...AC 357, [2002] 2 WLR 37, [2002] 1 All ER 465 69, 70 Table of Cases xxiii Practice Direction (Court of Appeal: Citation of Authorities) [2001] 1 WLR 1001, [2001] 2 All ER 510, [2001] CPLR 301 169, 199 Practice Direction (Judgments: Form and Citation) [2001] 1 WLR 194, [2001] 1 All ER 193, [2......
  • Analysing Judgments: Reasoning, Argument and Legal Logic
    • United Kingdom
    • Wildy Simmonds & Hill How Judges Decide Cases: Reading, Writing and Analysing Judgments. 2nd Edition Contents
    • 29 August 2018
    ...Direction (Judgments: Form and Citation) [2001] 1 WLR 194 at para 2.5; Practice Direction (Court of Appeal: Citation of Authorities) [2001] 1 WLR 1001; CPR 1998, PD 52, para 15.11(2)(a) (effective 30 June 2004); and see Scribes West Ltd v Relsa Anstalt ( No 1 ) [2004] EWCA Civ 835, [2005] 1......
  • Court Directions Relating to Legal Research
    • United Kingdom
    • Wildy Simmonds & Hill Legal Research. A Practitioner's Handbook - 3rd Edition Appendices
    • 30 August 2019
    ...CIVIL COURTS Authorities which should not be cited and certification of those to be cited Practice Direction (Citation of Authorities) [2001] 1 WLR 1001 The following authorities should not be cited unless they establish a new principle or extend the law:  Applications attended by one part......
  • Revisiting the Precedential Status of Crown Court Decisions
    • United Kingdom
    • Journal of Criminal Law, The No. 85-1, February 2021
    • 1 February 2021
    ...published by a sanctioned reporter. 34. Something to which Lord Woolf CJ once resorted: Practice Direction (Citation of Authorities) [2001] 1 WLR 1001. See Noble v Southern Railway Co [1940] AC 583, 597; Roberts Petroleum Ltd v Bernard Kenny Ltd [1983] 2 AC 192, 200–202;Hamblin v Field [200......
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