Keith Mack
Case law, also known as common law, is a primary source of law in the UK. It is a body of legal principles that has been developed over hundreds of years by judges deciding cases. The decisions made by the courts are published as law reports, which are considered primary and fundamental sources of UK laws. Case law research involves identifying and reading judgments to understand the reasoning behind them. These judgments are based on the judge's interpretation of the applicable law.
| Characteristics | Values |
|---|---|
| Definition | A legal case is a dispute between opposing parties that is resolved by a court or equivalent legal process. The resulting judgment is based on the judge's interpretation of the applicable law. |
| Types of Primary Sources | Primary sources refer to the laws themselves, which come from official bodies, and generally include treaties, court decisions, tribunals, statutes, regulations, court records, legal texts, and government documents. |
| Case Law Reports | Case law comprises the decisions made by the courts and are published as "law reports" which are considered primary and fundamental sources of UK law. |
| Authorised Reports | Authorised reports are published in a designated authorised report series. The published judgments have been reviewed by the presiding judge of the case and go through a process of annotation and review. |
| Unauthorised Reports | Unauthorised reports do not go through the review process by the courts. They are a legitimate record of the court decision, however, these report series are often published quickly and may be the only reported version until the authorised version is available. |
| Unreported Judgments | Unreported judgments are decisions of courts that have not been published in a law report. |
| Hierarchy of Courts | The courts are arranged in a hierarchy, based on the kinds of issues being decided, with appeals from lower courts going to a higher court. |
| Common Law | The common law is the law declared by judges, derived from custom and precedent. It originated with the legal reforms of King Henry II in the 12th century and was called "common" because it applied equally across the whole country. |
| Binding Precedent | The doctrine of binding precedent, also known as "stare decisis", is when courts follow and apply the principles declared in previous cases decided by more senior courts, known as "courts of record". |
| Primary Legislation | Primary legislation includes Acts of Parliament or Statutes (the terms are interchangeable) and is passed by Parliament. |
| Historical Sources | Historical sources of English law include treatises before 1865, surveys of English legal history, contemporary works, bibliographies, and early editions of digests and abridgements. |
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Case law reports
Case law research involves examining judgments to understand the reasoning and interpretation of the law by judges. These judgments are based on the arguments presented by both sides in a court action. The reports are compiled by court reporters who observe significant cases in Superior and Appellate Courts and are later published in legal databases, printed volumes, and made available in libraries.
The most authoritative case law reports in England and Wales are published by the Incorporated Council of Law Reporting (ICLR) in a series called "The Law Reports". This series includes reports from Appeal Cases (AP), Queen's Bench (QB), Chancery (Ch), and Family (Fam) courts. The ICLR selects cases for their importance, and the reports are written by lawyers and approved by presiding judges.
In addition to "The Law Reports", there are other notable case law report series. These include the Weekly Law Reports (WLR) and the All England Law Reports (All ER), which are available on LexisLibrary and Westlaw. The "All England Law Reports" provide access to judgments from the Supreme Court, the Privy Council, the Court of Appeal, and the High Court. This series is known for its comprehensive coverage of UK law, offering full-text judgments, summaries, and cross-references to relevant authorities.
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Common law
In the UK, case law is considered a primary source of law. Case law involves the identification and reading of judgments to understand the reasoning behind them. The body of rules or principles resulting from previously decided cases constitutes what is known as "common law" or "case law" as a legal system.
The common law system in England has directly influenced that of Wales (since 1536) and Ireland, but only partially influenced the distinct legal system in Scotland. The Scottish legal system combines elements of an uncodified civil law dating back to the Corpus Juris Civilis with its own common law, which predates the Treaty of Union with England in 1707. Scottish common law differs in that the use of precedent is subject to the courts seeking to discover the principle that justifies a law rather than searching for an example as a precedent.
The main sources for the history of common law in the Middle Ages are the plea rolls and the Year Books. The plea rolls were the official court records for the Courts of Common Pleas and King's Bench, written in Latin. They are currently deposited in the UK National Archives, where images of the rolls from the 13th century to the 17th century can be viewed online at the Anglo-American Legal Tradition site.
The reliance on judicial opinion is a strength of common law systems and significantly contributes to the robust commercial systems in the United Kingdom and the United States.
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Court hierarchy
The primary sources of law in the UK are legislation and case law. Case law is the body of rules or principles resulting from previously decided cases. It is based on the doctrine of precedent, where courts follow and apply the principles declared in previous cases decided by more senior courts.
The UK does not have a single unified legal system. England and Wales share a unified court system, Scotland has its own judicial system, and Northern Ireland has a third system.
The Courts of England and Wales are the civil and criminal courts responsible for the administration of justice in England and Wales. They are administered by His Majesty's Courts and Tribunals Service, an executive agency of the Ministry of Justice.
The Supreme Court of the United Kingdom is the highest court of appeal for almost all cases in England and Wales, as well as for devolution matters. It replaced the House of Lords as the highest court in 2009. The Supreme Court consists of 12 permanent justices who are appointed by the Lord Chancellor.
The Court of Appeal, the High Court, the Crown Court, the County Court, and the Magistrates' Courts are all administered by His Majesty's Courts and Tribunals Service.
The Court of Appeal consists of two divisions: the Criminal Division and the Civil Division. The Civil Division hears appeals concerning civil law and family justice from the High Court, Tribunals, and certain cases from the County Courts. The Criminal Division hears appeals from the Crown Court.
The High Court consists of three divisions: the Chancery Division, the Family Division, and the Queen's Bench Division. The Chancery Division includes the Companies Court, which deals with cases concerning commercial fraud, business disputes, insolvency, company management, and disqualification of directors. The Divisional Court deals with cases concerning equity, trusts, contentious probate, tax partnerships, bankruptcy, and land.
Scotland has a separate judicial system that combines elements of both common and civil law systems. The Supreme Court is the highest court of appeal for the High Court of Justiciary in Scotland for issues related to devolution. The Supreme Court also hears appeals from the Inner House of the Court of Session in Scotland.
Northern Ireland has its own court system, which is similar to the one in England and Wales. The Supreme Court is the highest court of appeal for all UK civil cases and for criminal cases originating in Northern Ireland.
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Primary legislation
In the UK, the primary sources of law are legislation and case law. Acts of Parliament, or primary legislation, are the supreme law in the United Kingdom. Acts are referred to as primary legislation because they do not depend on other legislative authority.
Acts of Parliament can be further divided into two broad categories: Public General Acts of universal application and Private Acts affecting only specified localities, entities or individuals. A third category, Hybrid Acts, combines elements of both public and private acts. Most UK legal research involves Public General Acts.
The Scottish Parliament, the Welsh Assembly, and the Northern Ireland Assembly each enact primary legislation for their respective jurisdictions. This primary legislation authorises the creation of secondary legislation within their jurisdictions.
In the UK, Halsbury's Statutes of England and Wales is the most commonly used print resource for primary legislation. It is organised by subject and includes the full texts of statutes currently in force at the time of publication.
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Secondary sources
Some examples of secondary sources include The English Legal Process by Terence Ingman, which provides a topical introduction to the English legal system, covering the structure of courts and tribunals, the trial process and jury system, and how judges make decisions. The English Legal System in Context by Cownie et al. provides an overview of the core elements of the legal system, including the courts, case law, civil and criminal procedure, the role of legal professionals, and alternative methods of dispute resolution. Introduction to the English Legal System by Martin Partington draws on the author's experience as a practitioner and legal scholar to describe the purposes and functions of English law, the law-making process, and the machinery of justice.
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Frequently asked questions
The primary sources of law in the UK are legislation and case law. These are the most authoritative sources of legal information.
Case law refers to the decisions made by the courts and are published as "law reports". These reports are considered primary and fundamental sources of UK law. Case law is also known as "common law", a body of legal principles that has developed from judges' decisions over hundreds of years.
Secondary sources of law may restate the law, but they also discuss, analyse, describe, explain, or critique it. They are a good way to begin legal research and often have citations to primary sources. Examples of secondary sources include legal dictionaries, encyclopaedias, law reviews and journals.
