Anaya Nolan
Case law is a key component of the UK's legal system, providing guidance, consistency and precedent for legal rulings. Case law is created when a judge or judges make a decision, interpreting and applying existing laws to a specific situation. This process sets a legal precedent that other courts are required to follow, shaping future rulings and interpretations of a particular law. In the UK, a common law country, case law is used for judicial decisions of selected appellate courts, courts of first instance, agency tribunals and other bodies discharging adjudicatory functions. The UK Supreme Court interprets legislation so that it is compatible with the European Convention on Human Rights (ECHR). If this is not possible, the court will issue a 'declaration of incompatibility', sending a clear message to legislators that the law should be changed.
| Characteristics | Values |
|---|---|
| Nature | Case law is a key component of the UK legal system. |
| Formation | Case law is made by the courts and decided by judges. |
| Function | Case law provides guidance, consistency, and precedent for legal interpretations and rulings. |
| Influence | Case law shapes future rulings and interpretations of a particular law. |
| Evolution | Case law ensures the legal system evolves when necessary. |
| Reporting | Case law is reported in law reports or transcripts. |
| Binding | Case law sets a legal precedent that is binding on lower courts. |
| Compatibility | The UK Supreme Court interprets legislation to be compatible with the ECHR. |
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What You'll Learn
Judicial decisions and precedents
Judicial decisions are key to developing case law in the UK. Each judicial decision contributes to the body of legal precedents that shape future rulings. These precedents are binding and must be followed by lower courts. Case law is a crucial element of the UK's legal system, providing guidance, consistency, and precedent for legal interpretations and rulings.
Case law is a law that is established following a decision made by a judge or a group of judges. It is developed by interpreting and applying existing laws to specific situations and clarifying them when necessary. This process sets a legal precedent that other courts are required to follow, guiding future rulings and interpretations of a particular law. Case law plays a significant role in shaping the legal system and ensures it evolves when necessary. It provides clarity and guidance to legal professionals on how laws are interpreted and applied in real-life situations.
The UK Supreme Court and other courts interpret existing legislation to ensure compatibility with the European Convention on Human Rights (ECHR). If a court decides that legislation is incompatible with the ECHR, it will issue a 'declaration of incompatibility'. While this does not legally oblige the government to amend or repeal the legislation, it sends a clear message to legislators to change the law to respect the human rights outlined in the Convention. The court must also consider any decisions of the European Court of Human Rights in Strasbourg when giving effect to rights in the ECHR.
Case law in the UK is developed through judicial decisions, with each decision setting a precedent for future cases. These precedents are documented in law reports or transcripts, which are written records of court judgments. Law reports are generally produced when a case sets a precedent, while transcripts are available for all cases. The ICLR (Incorporated Council of Law Reporting for England and Wales) publishes and indexes law reports, making it easier to find and understand cases that have changed or clarified the law.
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Court structure
Case law is a crucial element of the UK legal system, providing guidance, consistency, and precedent for legal interpretations and rulings. It is established following a decision made by a judge or a group of judges. Case law is developed by interpreting and applying existing laws to specific situations and clarifying them when necessary. This process sets a legal precedent that other courts are required to follow, guiding future rulings and interpretations of a particular law.
The UK court structure is hierarchical, with lower courts bound by the decisions and precedents set by higher courts. The highest court in the UK is the Supreme Court, which has the final say on interpreting and applying the law. It hears cases of the greatest public or constitutional importance, including those that may affect the compatibility of legislation with the European Convention on Human Rights (ECHR).
Below the Supreme Court are several other senior courts, including the Court of Appeal, the High Court, and specialised courts such as the Crown Court and County Court. These courts hear a range of civil and criminal cases, with the Court of Appeal handling appeals from lower courts.
The lower courts in the UK include Magistrates' Courts and Crown Courts, which handle less complex cases and are the first point of contact for many legal matters. Magistrates' Courts deal with summary offences and conduct preliminary hearings for more serious cases, while Crown Courts handle more severe criminal cases and hear trials by jury.
In addition to this structure, there are also specialised courts and tribunals that deal with specific types of cases, such as the Family Court, Youth Court, and Employment Tribunal. These courts have expertise in their respective areas and apply relevant case law to shape their decisions.
The UK court structure ensures a consistent and hierarchical approach to the development and application of case law, with each level of the court system contributing to the evolution of the law through judicial decisions and precedents.
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Law reports and transcripts
Law Reports
Law reports are published collections of reported cases that reproduce the judgments and add supplementary information provided by an editor. They play a crucial role in making judicial decisions and precedents accessible to legal professionals, scholars, and the public. These reports are a formalised system of law reporting, established in England and Scotland in the 19th century. Well-known UK law reports include The Law Reports, the Weekly Law Reports, and the All England Law Reports.
Transcripts
A transcript is a written record of a court's judgment. It captures the court's decision, reasoning, and background of the case. Transcripts are not created for every case due to the high volume of cases passing through the courts. Typically, a case merits reporting when it introduces a new legal principle, modifies an existing principle, or settles a doubtful question of law. Transcripts are available for significant cases, such as those from the UK Supreme Court, which can be found on its website and YouTube channel.
Online Databases and Resources
Online databases like Westlaw, Lexis, and HeinOnline provide comprehensive access to both reported and unreported case law. The British and Irish Legal Information Institute (BAILII or BAILLI) is another valuable resource, offering free access to a wide range of legal materials, including case law, legislation, and law commission reports. Additionally, academic law journals publish articles on specific legal issues, providing insightful analysis and references to relevant case law.
Citation and Research Strategies
When researching case law, it is essential to understand citation formats and research strategies. Law report citations include the year, volume number, law report abbreviation, and page number. Knowing a case citation or party name can lead directly to a specific decision, but researching by topic or subject allows for a broader understanding of relevant cases and legal principles. Law librarians are also a valuable resource, providing guidance and refining search strategies when needed.
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Online databases
There are several online databases that provide access to UK case law. These databases contain a wealth of information, including judgments, decisions, transcripts, and reports from various courts and tribunals. Some databases offer free access, while others require a subscription.
One notable database is BAILII (the British and Irish Legal Information Institute), which offers free access to a comprehensive set of British and Irish primary legal materials. BAILII covers both courts and major tribunals, with over 50 case law databases listed under headings such as England and Wales, Scotland, Northern Ireland, Ireland, United Kingdom and Commonwealth, and Europe. While most databases contain recent material, BAILII is continuously adding older decisions alongside new cases.
The UK Supreme Court's website also provides access to case law. The "Decided Cases" section of the website contains the court's judgments from October 2009 onwards, published after they are handed down. This site includes an index to more than 200,000 cases covering various areas of law, primarily in England and Wales, Scotland, Northern Ireland, and Europe. Links to full-text judgments are provided, mostly on BAILII.
Another resource is Access to Law, which offers daily updates to its database, Monday to Friday. It provides access to references for any case published by the ICLR from 1865 onwards, including information on subject matter, appellate history, and subsequent decisions. Access to the full text of ICLR law reports and transcripts of Court of Appeal and Administrative Court cases is available through a subscription service.
Additionally, the University of Derby's LibGuides highlight Westlaw and Lexis as comprehensive online databases for accessing both reported and unreported UK case law. These databases offer subject-specific search filters and indexes, making it easier to find relevant cases.
Other databases mentioned include vLex Justis, which offers access to law reports, transcripts, and legislation from the UK and other jurisdictions, and the All England Law Reports available within Westlaw UK for subscribers within the UK due to licensing restrictions.
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Legal research strategies
Case law, also known as common law or judge-made law, is a fundamental pillar of the UK legal system. It is a crucial element that provides guidance, consistency, and precedent for legal interpretations and rulings. It is important to familiarise oneself with case law to understand how it affects future judicial decisions and shapes the law.
Step 1: Understand the Basics
Start by understanding the role of case law in the UK legal system. Case law is a law that is established following a decision made by a judge or a group of judges. It is developed by interpreting and applying existing laws to a specific situation and clarifying them when necessary. This process sets a legal precedent that other courts are required to follow, guiding future rulings and interpretations of a particular law.
Step 2: Know the Sources
There are several sources that can be used to research case law in the UK.
- Legal Databases: Westlaw and Lexis (LexisLibrary and Westlaw UK) are excellent starting points for topical legal research. They offer comprehensive coverage of case law and often include subject-specific search filters and indexes.
- Legal Encyclopaedias: Sources like Halsbury's Laws of England provide overviews of legal topics and can direct you to relevant cases and legislation.
- Legal Commentaries and Textbooks: These offer in-depth analysis of specific areas of law and often cite key cases related to the topic.
- Legal Journals: Academic law journals often publish articles on specific legal issues, providing insightful analysis and references to relevant case law.
- Online Sources: The British & Irish Legal Information Institute (BAILII) is a good online source that covers decisions from the House of Lords, Court of Appeal, and European Court of Justice, among other tribunals. The University of Oxford's Law Reports page also offers an overview of law reports, their structure, and hierarchy.
- Law Reports and Transcripts: Law reports and transcripts are important sources for understanding case law. A transcript is a written record of the court's judgement, while a law report is usually written when the case sets a precedent.
Step 3: Develop Search Strategies
- Start Broad, Then Narrow: Begin with a broad search and gradually refine it as you identify relevant concepts and terms.
- Analyse Your Research Question: Break down your legal problem into its core concepts and issues. Identify key concepts and terms related to your specific research question.
- Use Boolean Operators: Combine your keywords with Boolean operators (AND, OR, NOT) to create focused search queries.
- Use Wildcards and Truncation: Broaden your search by using wildcards and truncation to account for variations in spelling or to include similar terms.
- Consult a Law Librarian: If you're having trouble finding relevant cases, don't hesitate to seek guidance from a law librarian, who can help you refine your search strategy and identify the correct sources.
Step 4: Read and Understand Relevant Cases
- Carefully read the full text of the most relevant cases to understand the legal principles, reasoning, and application of the law.
- Keep track of your research by maintaining a list of relevant cases, legislation, and other sources to ensure a comprehensive understanding of the topic.
By following these steps and utilising the available sources, you can effectively research and understand case law in the UK.
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Frequently asked questions
Case law is a law that is established following a decision made by a judge or judges. It is based on precedents, or judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations.
Case law is created when a senior court (known as a court of record) decides on a disputed point of law, thereby setting a precedent that other courts are bound to follow or apply in later cases.
Case law plays a significant role in shaping the legal system and ensures it evolves when necessary. It provides clarity and guidance to legal professionals on how laws are interpreted and applied in real-life situations, and helps to ensure consistency in court rulings by drawing on legal precedents.
Yes, case law can be overturned. If a court believes that developments or trends in legal reasoning render the precedent unhelpful, it may hold that the precedent is inconsistent with subsequent authority or that it should be distinguished by some material difference between the facts of the cases. If a case goes to appeal, the appellate court will have the opportunity to review both the precedent and the case under appeal, and may overrule the previous case law by setting a new precedent of higher authority.
