Kara Sears
Citing case law in a bibliography can be a complex process, with variations depending on the style guide being used. For example, the OSCOLA style guide recommends providing the case name or the commonly used short name in italics, followed by the case number in brackets, the commission decision number, and the OJ report. On the other hand, the Canadian Guide to Legal Citation, also known as the McGill Guide, suggests using a neutral citation, which includes the case name in italics, the court identifier, and the case number. Other factors that may influence the citation format include the country or region, the publication date, and whether the case has been reported in a law report.
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What You'll Learn
Case name, year, title of law report, volume number, page numbers
When referencing case law, the format varies depending on the citation style and the jurisdiction. Here is a guide on how to put case law in a bibliography using different styles and systems:
OSCOLA Style
The OSCOLA (Oxford University Standard for Citation of Legal Authorities) style is commonly used in the UK. When using this style, the general format for citing a case is as follows:
Case name | Year | Volume | Report abbreviation | First page | (Court)
- Page v Smith [1996] AC 155 (HL)
- Corr v IBC Vehicles Ltd [2008] UKHL 13, [2008] 1 AC 884
- Stubbs v Sayer (CA, 8 November 1990)
AGLC Style
The AGLC (Australian Guide to Legal Citation) style is used in Australia. When citing a case using the AGLC style, the format is as follows:
Case name | (Year) | Volume | Law report series abbreviation | Starting page | Pinpoint
- Harriton v Stephens (2006) 226 CLR 52, 78
- R v Schelvis (2016) 263 A Crim R 1
- Palmer v Ayres [2017] HCA 5
McGill Guide
The McGill Guide is used in Canada. This guide introduced the concept of neutral citation, which provides a naming system that does not depend on the publication of the case in a law report. The basic format for a neutral citation is:
Case name | Year | Court identifier | Case number
Rutledge v Jimmie, 2014 BCSC 41
When citing a case from a law report, the McGill Guide suggests including the name or abbreviation of the reporter, the year or volume, the page number, and the name or abbreviation of the court.
APA In-Text Citation
When using the APA style for in-text citation, the format is:
Case Name, Year, Page or Paragraph number if required)
For example:
(Rutledge v Jimmie, 2014, p. 41)
Tables of Cases
When creating a table of cases, the format may vary slightly from the citation style. For example, in OSCOLA, case names are italicised in the footnotes but not in the table of cases. The table of cases should appear at the beginning of the work, before the main body of the text.
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Citing cases from 2001 onwards
When citing cases from 2001 onwards, it is important to note that these cases will have a neutral citation, which must be used. A neutral citation is a unique case reference that enables people to find cases online more easily. Each neutral citation is made up of an abbreviation for the relevant court and a number (i.e. the number indicates the sequence of cases heard in that particular court that year).
The components of a typical case citation with a neutral citation are as follows:
- Case name (in italics)
- [Year]
- Court
- Case number
- [Year] OR (Year)
- Volume
- Report abbreviation
- First page
Neutral citations can be found by checking the case on one of the big commercial databases or on BAILII. When referencing a case from BAILII, the neutral citation, if there is one, will be listed at the top right-hand side of the page.
Callery v Gray [2001] EWCA Civ 1117, [2001] 1 WLR 2112 [42], [45].
Note that square brackets are used when the date is essential for locating the case, i.e. when there are multiple volumes each year. If the date is not essential, because there is a unique volume number, put the year of judgment in round brackets.
When citing cases in a bibliography, it is important to list all cases in alphabetical order by party names. The bibliography should be located at the end of your work and will list all sources used.
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Citing EU cases
When citing EU cases, there are a few different styles you may need to use, depending on the specific type of case and the citation style you are using (e.g. OSCOLA, Harvard, McGill Guide). Here is a guide to citing EU cases in different formats:
OSCOLA Style
When using the OSCOLA style, the general format for citing EU cases is as follows:
Format:
Case name (in italics) | Case number | Commission Decision number | Year | OJ report
Example:
Alcatel/Telettra *(Case IV/M.042)* Commission Decision 91/251/EEC * [1991]* OJ L122/48
If you are citing a specific paragraph of a judgment or page of a report, you can add the relevant paragraph or page number in square brackets. For example: Alcatel/Telettra *(Case IV/M.042)* Commission Decision 91/251/EEC * [1991]* OJ L122/48 [para 3].
For judgments of the European Court of Justice and Court of First Instance, provide the case registration number in roman numerals followed by the name of the case in italics, without punctuation between them. Then, give the report citation in the same form as for UK cases.
Example:
Corr v IBC Vehicles Ltd [2008] UKHL 13, [2008] 1 AC 884
Harvard Style
When using Harvard style, the general format for citing EU cases is as follows:
Format:
Name of case (year) case number. Publication title, section, page numbers.
Example:
Karl Heinz Bablok and Others v. Freistaat Bayern (2011) Case no. C-442/09. European Court Reports, I, 07419.
For EU treaties, your reference should include the treaty name, year, official journal series initial issue, and page numbers.
European Case-Law Identifier (ECLI)
The European Case-Law Identifier (ECLI) is a system recommended by the Council and adopted by the Court of Justice of the European Union. It provides a uniform way to cite case law and improve accessibility. The ECLI is composed of a prefix ('ECLI') followed by four mandatory elements:
- The code corresponding to the Member State or the EU for EU Courts.
- The abbreviation of the court or tribunal that delivered the decision.
- The type of decision, indicated by a letter (e.g. 'C' for the Court of Justice, 'T' for the General Court).
- An ordinal number of up to 25 alphanumeric characters, in a format decided by the court.
Example:
EU:C:2005:446
McGill Guide (Canadian Guide to Legal Citation)
The McGill Guide is commonly used in Canadian legal citation. It includes guidelines for neutral citation, which is a simplified way to identify a case independently of a printed reporter. A neutral citation includes the case name (in italics) followed by a comma, and the v separating the parties.
Example:
Rutledge v Jimmie, 2014 BCSC 41
In-text citations in APA style would include the case name, year, and page or paragraph number if required.
Example:
Rutledge v Jimmie, 2014, p. 1)
When citing an electronic version of a decision through a database, include the name of the database or online source.
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Citing electronic versions of decisions
When citing an electronic version of a case decision, such as through a database like Quicklaw, Westlaw, Lexis, Bloomberg Law, or another online source, there are specific guidelines to follow. Here are some detailed instructions for citing electronic versions of case decisions:
- Case Name and Neutral Citation: Start by providing the case name, which should be in italics or underlined. If the case has a neutral citation, include it after the case name. The neutral citation typically includes the year of the decision, the court identifier, and the case number. For example: *Rutledge v. Jimmie*, 2014 BCSC 41.
- Database or Online Source: When citing an electronic version, it is crucial to include the name of the database or online source from which you accessed the decision. For instance, Quicklaw: [1982] OJ No 3144 (QL). Refer to the McGill Guide or other style guides for the appropriate abbreviations for the database or online source.
- Pinpoint Citations: If you are referring to a specific part of the decision, include pinpoint citations. This could be a page number, paragraph number, or a range of paragraphs. For example: Smith v. Jones, [2017] ABC 123, para 4. If the judgment has numbered paragraphs, use square brackets to indicate the relevant paragraph number(s).
- Date and URL: In some styles, such as APA, you may include the date you retrieved the electronic version and the URL from which it was retrieved. However, this is typically only necessary if the print and electronic versions differ in content.
- Parallel Citations: If a neutral citation is available, it should be followed by a citation to a printed reporter whenever possible. This is called a parallel citation. For example: R v. Latimer, 2001 SCC 1, [2001] 1 SCR 3.
- Consistency and Style Guides: Ensure that you are consistent in your citation format and follow a specific style guide, such as OSCOLA, McGill Guide, or APA, depending on your discipline and institution's guidelines.
Remember to review the specific requirements provided by your instructor or publisher, as multiple citation styles exist. The above guidelines provide a general framework for citing electronic versions of case decisions, but specific details may vary depending on the style guide you are using.
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Tables of cases, legislation, and bibliography
When it comes to referencing case law in a bibliography, there are specific guidelines to follow. The format for citing case law varies depending on the jurisdiction and the style guide being used. Here is a step-by-step guide on how to create tables of cases, legislation, and bibliography:
Tables of Cases
A table of cases is a list of full citations for the case law reports referred to in your assignment. It should appear at the beginning of your work, on a separate page before the main body of the text. Here is an example of how to format a table of cases:
UK Cases
- Boulton v Jones (1857) 2 H&N 564; 157 ER 232
- Calvert v Gardiner [2002] EWHC 1394 (QB)
- Edwards v Skyways [1964] 1 All ER 494
- Giles v Thompson [1994] 1 AC 142 (HL)
- Henly v Mayor of Lyme (1828) 5 Bing 91, 107; 130 ER 995, 1001
- R (Roberts) v Parole Board [2004] EWCA Civ 1031, [2005] (QB)
- Stubbs v Sayer (CA, 8 November 1990)
- Tweddle v Atkinson [1961] 1 B & S 393; 121 ER 762 (QB)
Note that case names are not italicised in a table of cases and should be listed in alphabetical order of the first significant word. For example, "Giles v Thompson" becomes "Giles v Thompson [1994] 1 AC 142 (HL)". No full stops or pinpoints are included in the table.
Tables of Legislation
A table of legislation is a list of the primary and secondary legislation (Acts and Statutory Instruments) referred to in your work. It should also appear at the beginning, along with the table of cases. Here is an example of how to format a table of legislation:
Bills
- Presumption of Death Bill HL Bill (2012-13)
- Alan Turing (Statutory Pardon) Bill HC Bill (2013-14) [124]
Statutes
- Contract (Rights of Third Parties) Act 1999
- Human Rights Act 1998
- Landlord and Tenant Act 1995
Statutory Instruments
Eggs and Chicks (England) Regulations 2009, SI 2009/2163
EU Legislation
Consolidated Version of the Treaty on European Union [2008] OJ C115
Bibliography
The bibliography should appear at the end of the main body of text and following any appendices. It includes all sources that are not cases or pieces of legislation. Here is an example of how to format a bibliography:
- Bailey S and Taylor N, Bailey Harris and Jones: Civil Liberties Cases, Materials and Commentary (6th rev edn, OUP 2009)
- Gardiner S and others, Sports Law (3rd edn, Cavendish 2006)
- Knowles J, Effective Legal Research (2nd edn, Sweet & Maxwell 2009)
- Smith J, The Law of Contract (4th edn, Sweet & Maxwell 2002)
- Treitel GH, The Law of Contract (11th edn, Sweet & Maxwell 2003)
- Whitehead D, ‘Messages on parenthood: the Human Fertilisation and Embryology Bill’ (2008) 42 Law Teach 242
- English R, ‘Defining “dignity” – nailing jelly to the wall’ (UK Human Rights Blog, 8 August 2012)
The bibliography should be arranged in alphabetical order of the author's surname, with any unattributed works listed at the beginning in alphabetical order of the first major word of the title.
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Frequently asked questions
The format for referencing a case law report in OSCOLA style is as follows:
Case name/parties [year] court case number [year of publication] OR (year of judgment) volume report abbreviation first page. For example:
Giles v Thompson [1994] 1 AC 142 (HL)
The format for referencing a case law report in Harvard style is as follows:
'Name of case' (year) title of law report, volume number, page numbers. For example:
'Bibby Cheshire v. Golden Wonder Ltd' (1972) Weekly Law Reports, 1, pp.
If a case has a neutral citation, the format for the reference list entry is as follows:
'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).
When citing an electronic version of a case law decision, include the name of the database or online source in your reference. For example:
R v Latimer, 2001 SCC 1, [2001] 1 SCR 3.
