Anaya Nolan
Citing case law in the UK follows specific conventions. The general format for a case citation is: case number | case name | [year] | report abbreviation | first page. For example, in the case of 'Corr v IBC Vehicles Ltd [2008] UKHL 13, [2008] 1 AC 884', the case number is ' [2008] UKHL 13', the case name is 'Corr v IBC Vehicles Ltd', the year is '2008', the report abbreviation is 'AC', and the first page is '884'. It is important to note that the format for case citations may vary depending on the specific jurisdiction and the style guide being used, such as OSCOLA or Harvard. Additionally, cases published before 2001 may not have neutral citations, which were introduced to make it easier to find cases online.
| Characteristics | Values |
|---|---|
| Case name | In italics, if possible |
| Case number | In roman |
| Year | In round brackets, if the date is not essential for locating the case; in square brackets, if the date is essential |
| Report abbreviation | Official European Court Reports (ECR) or Common Market Law Reports (CMLR) |
| First page | N/A |
| Court | In brackets at the end of the citation |
| Full party names | Included in the text |
| Volume number | N/A |
| Page numbers | N/A |
| Judge | Surname followed by the abbreviation for their judicial office |
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What You'll Learn
Citing UK case law before 2001
When citing UK case law, it is important to distinguish between cases from 2001 onwards, which have a neutral citation, and pre-2001 cases, which do not. From 2001 onwards, courts began allocating neutral citations to cases, making them easier to find online. These neutral citations consist of an abbreviation for the relevant court and a number. For example, UKSC stands for the Supreme Court, while EWCA Crim represents the Court of Appeal Criminal Division. If you are using the British and Irish Legal Information Institute (BAILII) webpage, the neutral citation can typically be found on the top right.
For cases without a neutral citation, which typically applies to those from before 2001, the citation structure differs. The format for these older cases includes the 'name of the case', followed by the year in brackets, the title of the law report, the volume number, and the page numbers. Here is an example of how an in-text citation may appear: "It was decided in the case of 'Bibby Cheshire v. Golden Wonder Ltd' (1972) that..."
In England and Wales, while there are no official law reports, the Law Reports series published by the Incorporated Council of Law Reporting (www.lawreports.co.uk) are considered the most authoritative. These reports include the arguments of counsel and are checked by both counsel and the judge. If a case is reported in this series, it takes precedence in citation over other reports. If a judgment is not included in the Law Reports, you can cite the Weekly Law Reports or the All England Law Reports. Only if a judgment is not reported in these general series should you refer to a specialist series, such as the Lloyd's Law Reports or the Family Law Reports.
Additionally, if a case is unreported and lacks a neutral citation, as is typically the case for pre-2001 cases, you should provide the court and the date of the judgment in brackets after the name of the case.
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Using neutral citations
Since 2001, the courts in the UK have started allocating 'neutral citations' to cases. Neutral citations are unique case references that enable people to find cases online more easily. Each neutral citation is made up of an abbreviation for the relevant court, such as UKSC for the Supreme Court or EWCA Crim for the Court of Appeal Criminal Division, followed by a number. This number indicates the order in which the case was heard in that particular court that year. For example, the number 4 would mean the case was the fourth to be heard that year.
When citing a case with a neutral citation, the reference should include the case name, year, court, and case number. The full structure is as follows: 'Name of the case' (year) court, case number. Database or website [Online]. Available at: URL (Accessed: date).
For example, an in-text citation for a case with a neutral citation might look like this: A recent case ('R (on the application of Newby Foods Ltd) v. Food Standards Agency', 2017) states that...
The corresponding reference list entry would be: 'R (on the application of Newby Foods Ltd) v. Food Standards Agency' (2017) Court of Appeal, Civil Division, case 431. Westlaw [Online]. Available at: https://legalresearch.westlaw.co.uk (Accessed: 24 August 2018).
It is important to note that cases published before 2001 do not have neutral citations. For these cases, the reference structure differs, and you would include the name of the case, year, title of the law report, and volume and page numbers.
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Citing cases from the European Commission
When citing cases from the European Commission, there are a few key guidelines to follow. Firstly, decisions of the European Commission in relation to competition law and mergers are treated as cases and should be cited accordingly. The citation should include the names of the parties or the commonly used short name in italics, followed by the case number in brackets, the Commission Decision number (if available), and the OJ report. For example: "Alcatel/Telettra (Case IV/M.042) Commission Decision 91/251/EEC [1991] OJ L122/48".
When citing cases from the European Court of Justice (ECJ) or the General Court, there are specific elements to include in your citation. Firstly, provide a citation to the official reporter, including the year of the decision. You can also include a parallel citation to a commercial reporter, such as the Common Market Law Reports (CMLR). The European Court Reports (ECR) is the official reporter for cases adjudicated in the EU court system until 2011. For older cases decided by the ECJ before 1989, the case number will not have a prefix. However, cases decided by the ECJ since 1989 will include the prefix "C", and cases decided by the General Court will include the prefix "T".
Additionally, the European Case-Law Identifier (ECLI) system has been adopted by the Court of Justice of the European Union to improve the accessibility and citation of case-law. The ECLI consists of a prefix, the code corresponding to the Member State or the European Union, the abbreviation of the court or tribunal, and an ordinal number. For example, the ECLI for a judgment of the Court of Justice: "EU:C:2005:446".
When following the Harvard referencing style, Cite Them Right provides guidance on citing judgments of the European Court of Justice and General Court. In your reference list, include the name of the case, the year, case number, publication title, section, and page numbers. For in-text citations, provide the name of the case and the year. For example, the reference list entry for "Karl Heinz Bablok and Others v. Freistaat Bayern" would be: "Karl Heinz Bablok and Others v. Freistaat Bayern (2011) Case no. C-442/09. European Court Reports, I, 07419".
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Referencing cases with multiple reports
When referencing cases with multiple reports, it is important to follow the correct format and style. Here is a step-by-step guide on how to do this:
- Case Name: The name of the case should be presented in italics, with an unpunctuated italic "v" to separate the names of adverse parties. For example, *Corr v IBC Vehicles Ltd*.
- Case Number and Court: Provide the case registration number in roman numerals, followed by the abbreviation for the court where the case was heard. For instance, " [2008] UKHL 13". The abbreviation "UKHL" stands for the UK House of Lords.
- Year: Indicate the year the case was decided or published in square or round brackets. Square brackets are used when the date is essential for locating the case, while round brackets are used if the date is not essential. For example, " [2008]".
- Volume: Mention the volume number of the law report. For instance, "1 AC".
- Report Abbreviation: Provide the abbreviation for the law report series. For example, "AC" stands for "Appeal Cases".
- First Page: Specify the first page of the case report. For instance, "884".
- Court Abbreviation: If necessary, provide the abbreviation for the court in brackets at the end of the citation. For example, "(HL)".
- Neutral Citation: For cases from 2001 onwards, include the neutral citation, which is a unique case reference that helps people find cases online more easily. An example of a case with a neutral citation is: *R (on the application of Newby Foods Ltd) v. Food Standards Agency* (2017) Court of Appeal, Civil Division, case 431.
- URL and Access Date: When referencing a database or website, provide the URL and access date. For example, " [Online]. Available at: https://legalresearch.westlaw.co.uk (Accessed: 24 August 2018)".
- Pinpoint Citations: If you are referring to a specific part of the case, include a pinpoint citation. This can be a reference to a particular paragraph, page, or range of paragraphs. For example, " [42]" or " [256, 259, 261-262]".
- Multiple Reports: When a case has multiple reports, provide the citation for the most authoritative report first, followed by a semi-colon, and then the citation for the English Report. For example, "5 Bing 91, 107; 130 ER 995, 1001".
- Advocate General's Opinion: When citing the opinion of an Advocate General, add the words 'Opinion of AG [name]' after the case citation and before any pinpoint. For instance, "Opinion of AG Mazák, paras 79–100".
- Format: The citation should follow a consistent format. An example of the complete citation is: Case number | Case name | [year] | report abbreviation | first page. For instance, " [2008] UKHL 13, [2008] 1 AC 884".
Remember to consult specific style guides, such as OSCOLA or Harvard, for further details and examples of referencing cases with multiple reports.
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Citing cases with pinpointing
When citing case law in the UK, there are several different styles that can be used. This answer will focus on the Oxford Standard for Citation of Legal Authorities (OSCOLA), which is used by Oxford University and several other UK universities.
A pinpoint reference is a reference to a particular paragraph of a judgment or page of a report. If the judgment has numbered paragraphs, pinpoint to a particular paragraph by putting the relevant paragraph number in square brackets. For example:
- Callery v Gray [2001] EWCA Civ 1117, [2001] 1 WLR 2112 [42], [45].
- Bunt v Tilley [2006] EWHC 407 (QB), [2006] 3 All ER 336 [1]–[37].
If the judgment has no paragraph numbers, give the page number pinpoint after the Court. For example:
R v Leeds Country court, ex p Morris [1990] QB 523 (QB) 530.
If pinpointing to more than one paragraph, separate the paragraph numbers in square brackets with a comma. If citing spans of paragraphs, insert a dash between the first and last paragraph being cited. For example:
Bunt v Tilley [2006] EWHC 407 (QB), [2006] 3 All ER 336 [1]–[37].
When pinpointing to a particular passage in a judgment, add the judge’s name in brackets after the pinpoint. For example:
Belhaj v Straw [2017] UKSC 3, [2017] AC 964 [8]-[10] (Lord Mance SCJ).
If a law report citation ends with the identification of the court in brackets, the pinpoint follows the closing bracket, without any comma. Where the court is not identified in this way, and you are pinpointing to a page number, insert a comma to prevent the numbers from running together. Where the pinpoint reference is to the first page of the report, repeat the page number. Multiple page number pinpoints should be separated by commas.
Other considerations
When citing cases, there is a difference between cases before 2001/02 and after. Cases published before 2001 do not have a neutral citation. Cases published since 2001 will have a neutral citation which must be used. Cases are numbered consecutively throughout the year and the abbreviation (e.g. UKSC, UKHL, EWCH) indicates which court the case was heard in rather than a law report series.
In England and Wales, there are no official law reports of any kind, but the Law Reports series published by the Incorporated Council of Law Reporting are regarded as the most authoritative reports. They include the arguments of counsel and are checked by both counsel and the judge. If a case is reported in this series, it should be cited in preference to any other report. If a judgment is not reported in the Law Reports, cite the Weekly Law Reports or the All England Law Reports.
Cases heard prior to 1865 were published in a variety of report series named after the individual law reporter, otherwise known as the 'nominate reports'. These cases are available both in print and in Lexis and Westlaw in the reprinted form of the ‘English Reports’. If a judgment is reprinted in the English Reports, you should give the citation in the nominate reports first, followed by the English Reports. Use a comma to separate the two different reports unless there is a pinpoint, in which case use a semi-colon.
Case names are not italicised, and there is no full stop at the end of the reference.
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Frequently asked questions
You should include the 'Name of the case' (year) court, case number. Database or website [Online]. Available at: URL (Accessed: date). For example: 'R (on the application of Newby Foods Ltd) v. Food Standards Agency' (2017) Court of Appeal, Civil Division, case 431. Westlaw [Online]. Available at: https://legalresearch.westlaw.co.uk (Accessed: 24 August 2018).
Neutral citations are unique case references that have been available for cases since 2001, enabling people to find cases online more easily. They consist of the year, the court abbreviation (e.g. UKSC for the Supreme Court) and then the case number.
Include the 'Name of case' (year) title of law report, volume number, page numbers. For example: 'Bibby Cheshire v. Golden Wonder Ltd' (1972).
