Gavin Howe
British case law can be found in a variety of places, both online and in print. The UK's highest court is the Supreme Court, which replaced the House of Lords in 2009. The Supreme Court's website provides access to recent judgments, as do the Courts and Tribunals websites for England and Wales, and Scotland. The British and Irish Legal Information Institute (BAILII) is another online source for UK case law. In print, The Digest is a comprehensive index of UK case law, and The Law Reports, published by the Incorporated Council of Law Reporting, are a semi-official series of modern law reports. The Current Law Case Citator is another print resource, providing citations from citing cases from 1947 onwards. For US researchers, online resources such as the Cardiff Index to Legal Abbreviations and the Index to Legal Citations and Abbreviations can help to interpret UK case law citations.
| Characteristics | Values |
|---|---|
| Source | The Digest (KD 296 .E52/E53) |
| Description | A multi-volume set that serves as an index to UK case law |
| Coverage | Includes English, Scottish, Irish, Commonwealth, and European cases |
| Arrangement | Case summaries are arranged chronologically within broad title sub-headings |
| Features | Each case summary provides a synopsis, reporter citation(s), and an annotation of citing references |
| Search Functionality | Search by case name or subject |
| Other Sources | Current Law Case Citator, BAILII, vLex, The Law Reports, Year Books, Northern Ireland's "Blue Volumes" and "Orange Volume" |
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What You'll Learn
The Digest: Annotated British, Commonwealth, and European Cases
The Digest is an excellent resource for researchers who are unfamiliar with UK case law citations. It provides a systematic approach to finding cases and helps users decipher the court that issued the judgment and the reporter series in which it was published. This information is crucial for determining which electronic database to use to retrieve the full text of the court's opinion.
For example, for judgments issued from 2001 onwards that have been published in one or more print reporters, users should begin with the neutral citation, followed by the report of the judgment published in the most authoritative print reporter. The Digest also includes information on unreported judgments issued by the High Court of England and Wales, which can be identified by the judgment number followed by the abbreviation of the issuing division of the High Court in parentheses.
Additionally, The Digest offers guidance on interpreting UK case law citations through resources such as the Cardiff Index to Legal Abbreviations and the Index to Legal Citations and Abbreviations. These resources cover legal abbreviations not only in the UK but also in other Commonwealth jurisdictions and beyond. Overall, The Digest is an invaluable tool for anyone seeking to navigate British, Commonwealth, and European case law effectively and efficiently.
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The National Archives
The new service, known as Find Case Law, will allow users to search and browse records, making it easier to find specific judgments. Judgments are published using an international open standard, the Legal Document Mark-up Language, which makes them machine-readable and opens the way for further processing and computational analysis.
The launch of the new judgments service at The National Archives is a significant step for open justice. For the first time, the retention and preservation of judgments from courts and tribunals in England and Wales is guaranteed under primary legislation, as is the right for the public to obtain access to these documents.
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BAILII
One of the key features of BAILII is its extensive collection of case law from England and Wales. This includes judgments from the High Court of England and Wales, as well as the Court of Appeal and the Supreme Court. BAILII provides access to both unreported and reported judgments, with neutral citations for easy reference. For example, for judgments issued from 2001 onwards, users can locate the relevant print reporter by consulting the neutral citation.
The database also covers case law from Scotland and Northern Ireland, as well as the Republic of Ireland. This includes judgments from the Court of Session in Scotland, the High Court in Northern Ireland, and the Supreme Court in the Republic of Ireland. BAILII is particularly useful for accessing historical case law, with some judgments dating back several decades.
In addition to case law, BAILII offers a range of other legal resources. This includes legislation, statutory instruments, and legal commentary. The website also provides a list of court abbreviations, which can be helpful for interpreting case law citations. For instance, for US researchers unfamiliar with UK case law citations, the Cardiff Index to Legal Abbreviations is a free resource that can aid in deciphering court information.
Overall, BAILII is a valuable tool for anyone seeking British and Irish case law and legal information. It is a reliable and easily accessible resource, offering a wealth of information for legal professionals, researchers, and anyone interested in the law.
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The Law Reports
Case law recorded in The Law Reports series provides the majority of law in the United Kingdom and acts as a source of law through the mechanism of the doctrine of precedent. The doctrine of precedent dictates that a court is bound by the decisions of a court above it and, usually, by a court of equivalent standing. Superior courts can overrule the decisions of lower courts and, in certain cases, their own decisions. The hierarchy of the UK courts was created by the Judicature Acts of 1873-1875 and was completed when the House of Lords became the final Court of Appeal following the Appellate Jurisdiction Act of 1876. The modern doctrine of the binding force of judicial precedent only fully emerged when there was good law reporting and a settled judicial hierarchy.
For U.S. researchers unfamiliar with UK case law citations, the first step in retrieving a known UK case is to decipher the citation to determine which court issued the judgment and in which reporter series (if any) the judgment was published. This information will help decide which electronic database to use to retrieve the full text of the court's opinion. Some older cases may only be available in print.
The National Archives provide access to judgments and decisions from 2003 onwards. The Courts and Tribunals website selectively publishes recent judgments rendered in civil and criminal cases in England and Wales, with both trial and appellate court judgments included. Most are available for download in PDF format, but coverage is limited to higher-profile cases decided within the last three to four years. The British and Irish Legal Information Institute (BAILII) also provides access to unreported judgments issued by the High Court of England and Wales.
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The Year Books
Additionally, the University of Southern California's Gould School of Law provides access to an English Medieval Legal Documents Database, which includes the Year Books and other reports. This database contains a variety of resources, such as the Year Books of 2 Richard II, 1378-1379, edited by Morris S. Arnold, and Select Cases Concerning the Law Merchant, edited by Charles Gross.
The Bodleian Library at the University of Oxford also has a collection of year-books, including the reprinted canon, the Rolls, Ames and Selden Society publications, which are available to Oxford SSO holders online. Furthermore, Christopher Coval compiled a bibliography in 2002 that lists articles and books discussing the Year Books or employing them as principal sources.
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Frequently asked questions
There are several online resources for finding British case law. The Courts and Tribunals website publishes recent judgments in criminal and civil cases in England and Wales. The National Archives also provides judgments and decisions from 2003 onwards. The BAILII website offers an online archive of judgments from the Supreme Court's predecessor covering 1996-2009. The Access to Law website provides a searchable database of UK case law from 1865 onwards.
To find British case law before 1947, you can refer to The Digest (KD 296 .E53), which serves as an index of case law. The Digest is currently in its third edition and includes case summaries arranged chronologically. For pre-1947 citing references, you can also use the print source known as The English and Empire Digest, published between 1951 and 1970.
Yes, there are print resources available for finding British case law. The Current Law Case Citator (KD296 .C84) provides citations from 1947 onward. The Index to Legal Citations and Abbreviations (4th ed.), Call No. REF K85 .R3 2013, is another print resource that provides UK legal abbreviations and disambiguation for similar abbreviations used in other Commonwealth countries.
