Kara Sears
Citing case law in OSCOLA involves providing the case name, the neutral citation, and the law report. The name of the case should be in italics, with the party names separated by a 'v' in italic and without punctuation. A comma separates the neutral citation and the law report citation. For example, the case citation in the footnotes below indicates that the case, Corr v IBC Vehicles Ltd [2008] UKHL 13, [2008] 1 AC 884, was the thirteenth judgment issued by the House of Lords in 2008, with a report starting on page 884 of volume one of the 2008 Law Reports. When citing international cases, it is important to include the jurisdiction, as seen in the example: New TV SAL and Karma Mohamed Tahsin Al Khayat Case No STL-14-05/PT/AP/AR126.1 (Decision on Interlocutory Appeal Concerning Personal Jurisdiction in Contempt Proceedings, Appeals Panel, Special Tribunal for Lebanon, 2 October 2014). Additionally, when citing an opinion of an Advocate General, add Opinion of AG [name] after the case citation.
| Characteristics | Values |
|---|---|
| Case name | In italics |
| Party names | Separated by 'v' (without punctuation) in italics |
| Case number | In plain text |
| Jurisdiction | Should be added if not obvious |
| Court | Abbreviation in brackets |
| Year | |
| Volume | |
| Report abbreviation | |
| First page |
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What You'll Learn
Case name and number
When citing case law in OSCOLA, the case name and number are essential components of the citation. Here are some detailed instructions and examples to help you understand how to format this information correctly:
The case name should be presented in italics, with the names of adverse parties separated by a plain "v" (without any punctuation). For example: *R v Smith*. It is important to note that there are no full stops in abbreviations used in the case name. For instance, use "UKHL" instead of "U.K.H.L.".
The case number is typically included as part of the neutral citation. A neutral citation provides additional information about the case, such as the court, year, and case number. For cases from 2001 onwards, the neutral citation will be available and should be included in the citation. An example of a case citation with a neutral citation is: *Corr v IBC Vehicles Ltd [2008] UKHL 13*. Here, " [2008] UKHL 13" is the neutral citation, indicating that this was the 13th judgment of the UK High Court (UKHL) in 2008.
If you are citing an older case from before 2001, it may not have a neutral citation. In this case, the citation will only include the case name and the law report citation. An example of a citation without a neutral citation is: *Page v Smith [1996] AC 155 (HL)*. Here, " (HL)" indicates the House of Lords, which is the court where the case was heard.
In some instances, you may need to include additional information to ensure the case can be easily identified. For example, if the jurisdiction is not clear from the case name or citation, it is helpful to add it to the citation. For instance: *New TV SAL and Karma Mohamed Tahsin Al Khayat, Case No. STL-14-05/PT/AP/AR126.1 (Special Tribunal for Lebanon, 2 October 2014)*.
Remember, the specific format of case citations can vary depending on the jurisdiction and the availability of neutral citations. Always refer to the official OSCOLA guide for detailed instructions and examples specific to your jurisdiction.
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Jurisdiction
When citing case law in OSCOLA, it is important to include the case name, neutral citation, and law report. However, it should be noted that neutral citations are a recent development, so many case citations will only consist of the case name and law report. Here is an example of a typical case citation with a neutral citation:
'The name of the case in italics with party names separated by a "v", followed by the neutral citation and law report series. For example, Corr v IBC Vehicles Ltd [2008] UKHL 13, [2008] 1 AC 884, indicates that the case involving Corr and IBC Vehicles Ltd was the thirteenth judgment issued by the House of Lords in 2008 and can be found in volume one of the 2008 volume of the Appeal Cases law report series starting on page 884.'
In the example above, the jurisdiction is indicated by 'UKHL', which stands for 'UK House of Lords'. When citing cases from other jurisdictions, it is important to provide enough information to ensure clarity. For instance, in the case 'Decision on Interlocutory Appeal Concerning Personal Jurisdiction in Contempt Proceedings', there was no mention of the jurisdiction, Lebanon. Therefore, it is helpful to include 'Special Tribunal for Lebanon' in the citation to provide context.
Court names and journal titles are typically abbreviated in OSCOLA citations. For example, when citing Irish courts, OSCOLA Ireland specifies that if a case is reported in the Irish Reports or the Irish Law Reports Monthly, this report should be prioritised over other sources. Additionally, OSCOLA dictates that there should be no punctuation between letters in an abbreviation and no full stop after initials.
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Court and year
When citing case law in OSCOLA, the case name is typically italicised, with the parties involved separated by a 'v' in italicised lowercase. For example: *Page v Smith*.
The year of the case is included in square brackets, followed by the abbreviation of the relevant report series, and then the first page number. For instance: * [1996] AC 155*.
If the citation does not include a neutral citation, the court abbreviation should be placed in brackets at the end. For example, in the above citation, 'HL' is the abbreviation for the House of Lords: * [1996] AC 155 (HL)*.
The format for a typical case citation with a neutral citation is as follows:
- Case name
- Year in square brackets
- Court
- Number
- Year in square brackets or round brackets
- Volume
- Report abbreviation
- First page
For example: *Corr v IBC Vehicles Ltd [2008] UKHL 13, [2008] 1 AC 884*.
If you are citing an opinion of an Advocate General, add the words 'Opinion of AG [name]' after the case citation and before any pinpoint. For instance: *Case C–411/05 Palacios de la Villa v Cortefiel Servicios SA [2007] ECR I–8531, Opinion of AG Mazák, paras 79–100*.
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Opinion of Advocate General
When citing an opinion of an Advocate General, the format is as follows:
Case number | case name | [year] | report abbreviation | first page, | Opinion of AG | name
For example:
Case C–411/05 Palacios de la Villa v Cortefiel Servicios SA [2007] ECR I–8531, Opinion of AG Mazák
If you have already given the case number and name in the text of your work, the footnote can be shortened to:
[2007] ECR I–8531, Opinion of AG Mazák
If you have not included the case number and name in the text, the footnote should include this information:
Case C–411/05 Palacios de la Villa v Cortefiel Servicios SA [2007] ECR I–8531, Opinion of AG Mazák
To pinpoint a specific paragraph, add a comma and then 'para' and the paragraph number. For multiple paragraphs, use 'paras' and insert a dash between the paragraph numbers:
Case C–411/05 Palacios de la Villa v Cortefiel Servicios SA [2007] ECR I–8531, Opinion of AG Mazák, paras 79-100
The official report series from 1954 to 2011 was the European Court Reports (ECR), so always use these if they are available. The volume number is given in Roman numerals and is connected to the page number with a dash. The year is always given in square brackets.
If an ECR reference is not available, the next best option is usually the Common Market Law Reports (CMLR).
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Law report series
When citing case law in OSCOLA, the general structure is as follows:
Case name/Parties | [Year] | Court | Case number, | [year of publication] OR (year of judgment) | Volume | Report abbreviation | First page
For example:
Lloyd v Google LLC [2019] EWCA Civ 1599, [2020] 2 WLR 484
Note that case names are not italicised, and there is no full stop at the end.
Before 1865 and the start of the official Law Report series, cases were reported by individuals and known as the nominate reports. These were later reprinted in the English Reports series. If a judgment is reprinted in the English Reports, provide the citation in the nominate reports first, then the English Reports, separating the two with a comma (unless there is a pinpoint, in which case use a semicolon).
In England and Wales, there are no official law reports. However, the Law Reports series published by the Incorporated Council of Law Reporting are regarded as the most authoritative reports. If a case is reported in this series, it should be prioritised over other reports. If a judgment is not reported in the Law Reports, cite the Weekly Law Reports or the All England Law Reports. Only if a judgment is not reported in one of these general series should you refer to a specialist series, such as the Lloyd’s Law Reports or the Family Law Reports.
Journal and newspaper reports are summaries and should only be cited if the decision is unavailable in a law report series.
For European cases, refer to the official European Court Reports (ECR) where possible. If an ECR reference is unavailable, the second best is the Common Market Law Reports (CMLR).
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Frequently asked questions
The components of a typical case citation are the case name in italics with adverse parties separated by an unpunctuated 'v', followed by the neutral citation and the law report. For example: Corr v IBC Vehicles Ltd [2008] UKHL 13, [2008] 1 AC 884.
The typical case citation without a neutral citation is: case name | [year] OR (year) | volume | report abbreviation | first page | (court). For example: Page v Smith [1996] AC 155 (HL).
International law cases should include the case name, case number, jurisdiction, date, and any other relevant details. For example: New TV SAL and Karma Mohamed Tahsin Al Khayat Case No STL-14-05/PT/AP/AR126.1 (Decision on Interlocutory Appeal Concerning Personal Jurisdiction in Contempt Proceedings, Appeals Panel, Special Tribunal for Lebanon, 2 October 2014).
