Practice Direction: Citation of Authorities states that if a case is reported in the Official Law Reports ' that report must be cited. These are the most authoritative reports; they contain a summary of the argument. Other series of reports and official transcripts of judgment may only be used when a case is not reported in the Official Law Reports '.
Contemporary cases have three main elements in the citation: party names in italics , the neutral citation, and the report of the judgment. For judgments prior to the introduction of neutral citations, cite party names in italics , the report of the judgment and the abbreviated name of the court, in brackets. If you quote or paraphrase from a judgment you also need to provide a pinpoint.
The names of the parties in a judgment should be in italic or underlined. If there are multiple parties in a case, name only the first claimant and the first defendant, and use only surnames. A neutral citation identifies a judgment; it is perhaps mostly easily understood as a judgment number, even though it looks like a citation for a law report. The term 'neutral' is used to indicate that it is independent of any published report 'media neutral'.
Tribunals and commissions also issue neutral citations. Neutral citations give the year of judgment in square brackets, the court abbreviation and the judgment number. Neutral citations from the High Court include the division in brackets after the judgment number.
Examples of neutral citations follow. Name of case Claimant v Defendant or Applicant v Respondent. When citing a report of a judgment, cite the 'best report' as indicated in the hierarchy of law reports table above , giving the year of the volume, the volume number if there is one, the abbreviation of the law report series and the first page of the report. If there is no neutral citation which will be the case before , also indicate the court in brackets at the end.
Name of case Claimant v Defendent or Applicant v Respondent. Citations including neutral citations and report citations: give the neutral citation first, followed by a citation of the best report, separated by a comma. Square brackets [ ] are used where the series has no consecutive volume numbers and the year is essential for finding the correct volume.
So, the report of Donoghue v Stevenson is in the volume of the Appeal Cases, beginning at page , which is written [] AC Neutral citations also use square brackets for the year.
Round brackets are used around the year in a legal citation when the series has consecutive volume numbers and the year is not essential for finding the case. For example, to find the report cited as 77 Cr App R 76 you don't need the date because the volume number - 77 - indicates where you will find the report. The Official Law Reports , the All Englands and some other reports series that use the year as a volume number often have more than one volume each year.
The volume number follows the year, after the square brackets. Recently viewed 0 Save Search. Your current browser may not support copying via this button. Subscriber sign in You could not be signed in, please check and try again. Username Please enter your Username.
Password Please enter your Password. Forgot password? Don't have an account? Sign in via your Institution. You could not be signed in, please check and try again. Some tips for narrowing the quantity of cases that you must read include focusing on cases:. KeyCite, quite literally, flags cases that are not good law. Also, Key Cite provides a report of all the instances that a case has been treated negatively in other courts.
When you pull up a case in Westlaw, there are tabs that appear immediately under the case title that give you information about the case history, negative treatment by other cases, and citing references.
For all cases that you think you may rely upon, you should click on the "History" tab to review the case history. This is important, even if there is no negative treatment discussed below , as the case history can identify important case information, such as whether there may be an appeal pending. If a case has negative treatment identified by Westlaw, next to the case name, Westlaw will include a red, yellow, or blue striped flag. A red flag, as in the above sample, means a case is no longer good for at least one point of law.
A yellow flag means that a case has some negative treatment but has not been reversed or overruled. A blue striped flag means that a case has been appealed to a U. Court of Appeals or to the U. Supreme Court. If there is no flag, then Westlaw has not identified any negative treatment for the case. When you pull up a case that has been flagged, in addition to the "History" tab, you also should click on the tab marked "Negative Treatment" to get the full negative history report. While helpful, you cannot rely solely on these flags and notations to determine the extent to which you can use any given case.
As discussed in more detail in the discussion at the left regarding evaluating negative citing references, sometimes the issue on which the case was flagged is not the issue for which you are using the case.
Shepard's indicates when cases are no longer good law. Also, Shepard's identifies instances when a case has been treated negatively by other cases. When you pull up a case in Lexis, there are indicators that appear next to the case name to signal if the case is good law. A red stop sign indicates that a case may have been overruled or reversed. An orange box with the letter "Q" inside means that the validity of a case may be in question, such as when a case is superseded.
A yellow triangle means that a case has other negative treatment such a being distinguished, limited, or criticized. When you access the full Shepard's Report, you will see separate tabs on the left to view the case history, citing cases, other citing sources, and other available information.
It is recommended that you at least skim each of these for cases you intend on using. If you pull up the Shepard's report for the above case, and click on "Appellate History," you would see:. To see all citing cases, including other negative treatment cases identified by Lexis, you must click on "Citing Decisions.
At the left of that list is a series of filters that will allow you to narrow the results.
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