Law

Why Some Cases Are Reported:

• Establishing Precedent: Cases that introduce new legal principles, clarify existing laws, or significantly change the interpretation of the law are often reported. These decisions have a broader impact and serve as binding authority for future cases.
• Public Interest: Cases with significant public interest or those involving high-profile individuals or organisations are often reported to inform the public and maintain transparency in the legal system.
• Novelty or Complexity: Cases that involve novel or complex legal issues may be reported to provide guidance to legal professionals and judges in future similar cases.

Why Some Cases Are Not Reported:

• Routine or Repetitive: Many cases involve routine application of established legal principles and do not offer new insights or contribute significantly to the development of the law.
• Factual Variations: Cases that turn on their unique facts or circumstances may not be considered sufficiently relevant to wider legal principles to warrant publication.
• Limited Resources: Law reporting requires resources and editorial discretion*. Not all cases can be reported due to limitations in time and space.

Researching Unreported Cases:

Unreported cases can still be valuable sources of legal information, especially when they deal with similar facts or legal issues to your case. Here's how to find them:

1. Case Citations: Unreported cases are usually cited with a neutral citation, which includes the year, court, and case number (e.g., [2023] EWHC 1234 (QB)). You can use this citation to search for the case in legal databases like Westlaw and Lexis.
2. Legal Databases: Legal databases often contain a wider range of cases than traditional law reports, including unreported cases. You can search these databases using keywords, case names, or neutral citations.
3. Court Websites: Some courts publish unreported judgements on their websites. Check the website of the relevant court to see if the case you are looking for is available.
4. BAILII: The British and Irish Legal Information Institute (BAILII) provides free access to a wide range of legal materials, including some unreported cases.

Remember: While unreported cases can be helpful, they generally carry less persuasive authority than reported cases. When using an unreported case, it's important to consider its relevance and the strength of its reasoning in relation to your specific legal issue.

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* One of your Law Librarian's favourite examples of this is the 1985 case of MacDonald v. Cardle, involving a clown and some rather see-through tights, and the Editorial comment, "This case is reported because the Editor could not resist the temptation".

A citation is a unique identifier for a legal case, much like an address for a specific house. It provides essential information to locate the full text of a judgement, enabling you to understand the legal principles and reasoning behind a decision.

Here's how to find a case by citation, depending on the type of citation you have:

1. Neutral Citation:

• Format: Neutral citations were introduced in 2001 to identify cases independently of any specific law report. They follow this format: [Year] Court Abbreviation Case Number.
  • Example: [2023] UKSC 12 (a case from the UK Supreme Court in 2023)
• How to Find: Enter the neutral citation directly into the search bar of a legal database like Westlaw or Lexis. You can also search for it on BAILII, a free online legal resource.
• Note: All cases will have a neutral citation. Reported cases will also have a law report citation; for unreported cases, you will only have the neutral citation.

2. Law Report Citation:

• Format: Law report citations include the year, volume number, law report abbreviation, and page number.
  • Example: [2023] 2 AC 156 (a case reported in the second volume of the Appeal Cases for 2023)
• How to Find:
  • Online Databases: Enter the citation into the search bar of a legal database.
  • Library Catalogue: Search Library Search for the specific law report series (e.g., Appeal Cases). Once you find the correct volume, locate the case by page number.

Tips for Finding Cases:

• Check the Correct Jurisdiction: Ensure the case you're looking for is from the correct jurisdiction (e.g., England and Wales, Scotland, Northern Ireland).
• Use Multiple Sources: If you can't find a case in one database, try another. Westlaw, Lexis, and BAILII are good starting points.
• Consult Your Law Librarian: If you're having trouble, don't hesitate to ask your law librarian for assistance. They are experts in legal research and can guide you to the right resources.
• Pay Attention to Abbreviations: Law report citations use abbreviations for court names and law report series. Refer to a legal abbreviations guide (like the Cardiff Index to Legal Abbreviations) if you're unsure of an abbreviation's meaning.
• Update Your Research: If a case has been appealed or overturned, the original decision may no longer be good law. Check for any subsequent developments in the case.

While case citations are the most precise way to locate a specific case, you can often find a case if you know the names of the parties involved (e.g., Smith v Jones). Here's how:

1. Online Legal Databases:

• Westlaw and Lexis: These comprehensive databases allow you to search for cases by party name. Simply enter the names of the parties in the search bar, using "v" (for versus) to separate them. For example, search for "Smith v Jones." You can often refine your search by adding additional details like the year or court.
• BAILII: The British and Irish Legal Information Institute (BAILII) also allows you to search for cases by party name. However, it may not have as extensive a collection of unreported cases as the commercial databases.

2. Search Engines:

• Google Scholar: While not specifically designed for legal research, Google Scholar can be a useful tool for finding cases by party name. Type the names of the parties into the search bar and add the term "case law" to filter your results.
• Other Search Engines: You can also try using other search engines like DuckDuckGo or Bing, but be sure to include relevant search terms like "case law" or "court decision" to narrow your results.

Tips for Finding Cases by Party Name:

• Be Precise: Use the full and correct names of the parties as they appear in the case. If you're unsure of the spelling, try different variations or use wildcards (*).
• Add Additional Information: If you know any additional details about the case, such as the year, court, or subject matter, include them in your search to narrow your results.
• Check Multiple Sources: If you don't find the case in one database, try another. Sometimes, different databases may have different spellings or variations of the party names.
• Consult Your Law Librarian: If you're having trouble finding a case, your law librarian can help you refine your search strategy and identify the correct source.

Remember: Searching by party name can sometimes yield multiple results, especially if the parties have been involved in multiple cases or have very common names. Carefully review the search results to identify the specific case you're looking for.

While knowing a case citation or party name can lead you directly to a specific decision, researching by topic or subject allows you to explore a broader range of relevant cases, essential for understanding legal principles and developing well-rounded arguments. Here's how to do it effectively:

1. Identify Key Legal Concepts and Terms:

• Analyse your research question: Break down your legal problem into its core concepts and issues. For example, if your question is "What are the legal implications of medical negligence in the UK?", key concepts might include "medical negligence," "duty of care," "breach of duty," and "causation."
• Brainstorm synonyms and related terms: Expand your list of search terms by including synonyms, related concepts, and alternative phrases. For example, "medical malpractice," "clinical negligence," "standard of care," and "harm" could be relevant to your research question.

2. Choose Your Research Tools:

• Legal Databases: Westlaw and Lexis are excellent starting points for topical legal research. They offer comprehensive coverage of case law and often include subject-specific search filters and indexes.
• Legal Encyclopedias: Halsbury's Laws of England and other legal encyclopedias provide overviews of legal topics and can direct you to relevant cases and legislation.
• Legal Commentaries and Textbooks: These sources offer in-depth analysis of specific areas of law and often cite key cases related to the topic.
• Legal Journals: Academic law journals often publish articles on specific legal issues, providing insightful analysis and references to relevant case law.

3. Construct Your Search Query:

• Use Boolean Operators: Combine your keywords with Boolean operators (AND, OR, NOT) to create a focused search query. For example: ("medical negligence" OR "clinical negligence") AND ("duty of care" OR "standard of care")
• Use Wildcards and Truncation: Broaden your search by using wildcards () and truncation (?) to account for variations in spelling and word endings. For example: "medical negligen" OR "clinic* negligen*"
• Utilise Advanced Search Features: Legal databases often offer advanced search features, such as searching within specific fields (e.g., subject/keyword, headnote, judgement) or using proximity operators (w/) to find terms that appear close to each other.

4. Review and Refine Your Results:

• Scan Headnotes and Summaries: Quickly assess the relevance of cases by reading their headnotes or summaries.
• Read Relevant Judgements: Carefully read the full text of the most relevant cases to understand the legal principles, reasoning, and application of the law.
• Refine Your Search: If your initial search yields too many or too few results, adjust your search terms or filters accordingly.

Tips for Successful Topical Research:

• Start Broad, Then Narrow: Begin with a broad search and gradually refine it as you identify the most relevant concepts and terms.
• Consult Your Law Librarian: If you're struggling to find relevant cases, seek guidance from your law librarian, who can help you develop effective search strategies.
• Keep Track of Your Research: Maintain a list of relevant cases, legislation, and other sources to avoid duplication and ensure you have a comprehensive understanding of the topic.