Researching Singapore, UK and Australian Case Law Content by: Lee Su-Lin © C J Koh Law Library 2005-2013

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Introduction This tutorial was originally designed for first year law students on the NUS Faculty of Law’s LAWR Programme (AY 2005-07). It provides an overview of the major law reports of Singapore, UK and Australia as well as the research tools for locating cases in these jurisdictions. © C J Koh Law Library 2005-2013

Contents I. Singapore Case Law p.5 Major Law Reports Other Current Sources of Case Law Discontinued Series Research Tools II. UK Case Law p.24 Modern Law Reports Older Series III. Australian Case Law p.44 Law Reports IV. References p.54 © C J Koh Law Library 2005-2013

I. Singapore Case Law A. The Major Law Reports The 2 principle sets of law reports in Singapore are: Singapore Law Reports (SLR) Coverage of cases from 1965. Malayan Law Journal (MLJ) Contains both Singapore and Malaysian cases. Coverage of Singapore cases from 1932 to 1991. Not all cases are reported. A case is only selected for reporting if it raises a point of legal significance. Therefore, only a small proportion of cases are reported, and these are mainly from the Supreme Court (i.e. High Court, Court of Appeal and Constitutional Tribunal)

I. Singapore Case Law A. The Major Law Reports Singapore Law Reports Malayan Law Journal Print: K7599 SLR Print: K7599 MLJ Online: LawNet (NUS Faculty of Law; Other NUS staff & students)

I. Singapore Case Law A. The Major Law Reports The Academy of Law has re-issued the Singapore Law Reports from 1965 through 2009 with re-written headnotes for the reports from 1965–2002, and re-edited judgment texts that conform to the SAL house-style. This set of reports is called the Singapore Law Reports (Reissue). Both the original SLR volumes from 1965 to 2002 and the Reissue are equally authoritative as each judgment reported in both remains in substance, though not in form, the same. Print: K7599 SLR Online: LawNet (For: NUS Faculty of Law; Other NUS staff & students)

I. Singapore Case Law A. The Major Law Reports The Singapore Syariah Appeals Reports was launched on 21 May 2012. This series contains the authoritative grounds of decisions delivered by the Syariah Appeal Board between 1980 and 2010. It also includes grounds of decisions for appeals heard by the Appeal Board from the decision of the Registrar of Muslim Marriages. Print: K7599 SSC

B. Other Current Sources of Law I. Singapore Case Law B. Other Current Sources of Law Unreported Judgments These are full text transcripts of written judgments as handed down in the Subordinate Courts, the High Court and Court of Appeal. They are available on LawNet (see page 10). Earlier judgments are also available in print in the law library: Ref: K7599 CA (Court of Appeal, Civil Appeals) K7599 CRA (Court of Appeal, Criminal Appeals) K7599 DC (District Court) K7599 J (High Court) K7599 MC (Magistrates’ Court) “Case Law & Decisions” of the Subordinate Courts and Supreme Court are also available for free for the last 3 months in LawNet under its links to Free Resources.

B. Other Current Sources of Law I. Singapore Case Law B. Other Current Sources of Law Decisions of Boards/Tribunals The decisions of various tribunals and boards are available in full text in LawNet. Most of these decisions are not available in print elsewhere. They include decisions of the: Copyright Tribunal Income Tax Board of Review Military Court of Appeal Strata Titles Boards Syariah Appeal Board. LawNet access: NUS Faculty of Law; Other NUS staff & students

I. Singapore Case Law C. Discontinued Series Title Abbreviation Publication Date Ref Colony of Singapore Law Reports (previously called Singapore Law Reports) SLR 1954-1957 (covers 1953-1956) 1950-1951 (covers 1946-1949) K7599 SLR Straits Settlements Law Reports SSLR 1927-1950 (new series) (covers 1926-1942) 1893-1931 (old series) (covers 1867-1922) K7596 SSLR Federated Malay States Law Reports FMSLR 1922-1941 (covers 1906-1940) K7600 FMSLR Straits Law Journal SLJ 1888-1892 K7596 SLJ Kyshe’s Reports Ky 1885-1890 (covers 1808-1884) K7596 Ky Straits Law Reports SLR Leic 1877 (covers 1827-1875) K7596 SLR There are several discontinued series of law reports that contain older cases from the courts of Singapore, Malaya and Borneo. A complete listing of these reports can be found on p.vii-viii of Mallal’s Digest: Consolidated Table of Cases 2009 Reissue under the section entitled “Reports and Publications and Their Abbreviations”. (Print: K7599.3 Md) Here is a reverse chronological list of a selection of old law reports:

I. Singapore Case Law D. Research Tools There are 6 categories of tools to help find and research case law: i. Indexes to legal abbreviations ii. Indexes to law reports iii. Indexes with abstracts of cases iv. Citators v. Commentaries vi. Full text databases

I. Singapore Case Law D. Research Tools (i) Indexes to Legal Abbreviations These indexes help to identify legal abbreviations. Where the case citation is known, the first step to locating a case is identifying the law report that the abbreviation stands for. For example, the index answers the question, “What does the abbreviation SLR Leic in the citation [1858] SLR Leic 56 mean?” For local law reports, it is recommended that you use Singapore - Legal Abbreviations http://libportal.nus.edu.sg/frontend/ms/c-j-koh-law-library/research/legal-resources-on-the-web/law-in-singapore/glossaries-and-indexes/singapore-legal-abbreviations If you prefer a print index, then refer to the Appendix at the back of the Canadian Guide to Uniform Legal Citation. Print: KB280.2 Can 2010 Example: Using Singapore - Legal Abbreviations to find out what “SLR Leic” stands for:

I. Singapore Case Law D. Research Tools (ii) Indexes to Law Reports These are indexes published by the individual law report series. They contain 2 important categories of indexes: Alphabetical list by name of cases Useful for finding full citations of cases when the names of the parties are known. Subject index of cases Useful for locating cases on a particular subject.

I. Singapore Case Law D. Research Tools (ii) Indexes to Law Reports (contd.) Alphabetical index: a. Singapore Law Reports (Reissue): Comparative Table of Citations & Table of Cases Reported 1965 to 2009 The “Table of Cases Reported” is an index to cases reported in the Singapore Law Reports from 1965 to 2009. For cases reported after 2009, refer to the Table in the individual volumes of the Singapore Law Reports. Print: K7599 SLR b. The Malayan Law Journal Consolidated Tables 1932-1998: General Index and Table of Cases Reported (Also Consolidated Tables 1998-2002, 2003-2005, 2006-2007, etc.) The “Table of Cases Reported” in these volumes index cases reported in The Malayan Law Journal and the Malayan Law Journal (Supplementary Series) Print: K7599 MLJ

I. Singapore Case Law D. Research Tools (ii) Indexes to Law Reports (contd.) Subject index: a. Singapore Law Reports (Reissue): Subject Index 1965 to 2009 For cases reported after 2009, refer to the “Subject Index” in the individual volumes of the Singapore Law Reports. Print: K7599 SLR b. The Malayan Law Journal Consolidated Tables 1932-1998: Subject Index (Also Consolidated Tables 1998-2002, 2003-2005, 2006-2007, etc.) These contain a “Subject Index” to cases reported in The Malayan Law Journal and the Malayan Law Journal (Supplementary Series) Print: K7599 MLJ

Mallal’s Digest (4th Ed.) Print: K7599.3 Md I. Singapore Case Law D. Research Tools (iii) Indexes with Abstracts of Cases The main index in this category is the Mallal’s Digest. The Digest contains summaries of all reported cases decided by the Malaysian and Singapore superior courts since 1808, as well as all selected unreported decisions delivered in recent years. Both alphabetical and subject indexes for cases digested in the 4th edition of Mallal's Digest (Reissue) volumes are available in this series. Mallal’s Digest (4th Ed.) Print: K7599.3 Md

I. Singapore Case Law D. Research Tools (iii) Indexes with Abstracts of Cases (contd.) Alphabetical index a. Mallal's Digest: Consolidated Table of Cases 2009 Reissue Alphabetical table of cases from as early as 1808 digested in the 4th edition of Mallal's Digest (Reissue) volumes. Refer to the “Preface” for dates of coverage. Print: K7599.3 Md To update, use: b. Mallal’s Digest [Yearbooks] Refer to the “Table of Cases” in each volume. Print: K7599.3 MDY c. Mallal’s Current Law Refer to the “Table of Cases Digested” in each issue. Use this to search for the current or previous year’s cases. Print: K7599.3 MCL

I. Singapore Case Law D. Research Tools (iii) Indexes with Abstracts of Cases (contd.) Subject Index a. Mallal’s Digest: Consolidated Subject Index 1808 to 2012 This subject index is contained in 3 volumes. However, the paragraph references may not be in sync with later reissue volumes of Mallal’s. Print: K7599.3 Md To update, use: b. Mallal’s Digest [Yearbooks] Search the “Subject Index” within later volumes. Print: K7599.3 MDY c. Mallal’s Current Law Search the “Subject Index” at the back of each issue. Use this to search for the current or previous year’s cases. Print: K7599.3 MCL

I. Singapore Case Law D. Research Tools (iv) Case Citators Having located a case, you will need to confirm if the case is still good law. You can do this by checking the subsequent judicial history of the case using case citators. This is referred to as “noting up”. The case citators provide citations to subsequent cases in which the original case is followed, distinguished, overruled, referred to, etc.

I. Singapore Case Law D. Research Tools (iv) Case Citators (contd.) To note up a Singapore case, refer to: a. Singapore Law Reports (Reissue): Table of Cases Referred to: 1965 to 2009 Contains a list of annotated cases referred to in annotating cases reported in the Singapore Law Reports (Reissue). Includes significant English, Australian and Indian cases. Print: K7599 SLR To note up more recent cases, refer to the “Table of Cases Referred to” in the latest issues or volumes of the Singapore Law Reports. b. Mallal’s Digest: Case Citator 1932 to 2010 Contains a list of annotated cases referred to in annotating cases reported in the Singapore Law Reports and Malayan Law Journal. Includes references to cases which go as far back as the 1800s. Print: K7599.3 Md 2010

I. Singapore Case Law D. Research Tools (v) Commentaries These publications contain comments and analyses of cases. They serve as good starting points for legal research: Halsbury’s Laws of Singapore Print: KE5011 Hal Singapore Academy of Law Annual Review of Singapore Cases Print: KE5003 SALAR

I. Singapore Case Law D. Research Tools (vi) Full Text Databases Search for cases in these databases by case name, subject or keyword: LawNet is the only database that contains a comprehensive collection of Singapore cases. Access: NUS Faculty of Law; Other NUS staff & students Lexis.com contains Singapore cases reported in the Malayan Law Journal from 1954 to 1991. Access: NUS Libraries Resources

II. UK Case Law A. Modern Reports The Law Reports (1865-) The official set of law reports published by the Incorporated Council of Law Reporting for England and Wales Text of each report is reviewed by judges before publication So, it takes between 10 and 14 months to report cases The only set of reports that has a summary of the arguments of counsel The High Court and the Court of Appeal require that where a case has been reported in the Law Reports, it must be cited from that source. Other series may only be used when a case is not reported in the Law Reports. See Practice Direction (Judgments: Form Citation) (Supreme Court) [2001] 1 WLR 194.

II. UK Case Law A. Modern Reports The Law Reports (1865-) (contd.) The 4 current series of the law reports are: Title Reports Decisions of Print Appeal Cases (AC) House of Lords, Privy Council & Court of Justice of the European Communities K2022 4C Queen’s Bench (QB) Queen’s Bench & Court of Appeal & ECJ on appeal from QB K2022 2E Family (Fam) Family Division & Court of Appeal on appeal from Fam D K2022 1C Chancery (Ch) Chancery Division & Court of Appeal on appeal from Ch D K2022 3B Online: Justis via NUS Libraries Resources

II. UK Case Law A. Modern Reports 2. The Weekly Law Reports (WLR) (1953-) Timely, full text reports. Print: K2020 WNR Online: Justis via NUS Libraries Resources 3. All England Law Reports (All ER) (1936-) Timely, full text reports; contains editorial notes. Print: K2020 AELR Online: Lexis Library via NUS Libraries Resources 4. Specialist series Contain a selection of cases in a discrete practice area. e.g. Lloyds Law Reports (maritime and commercial law) Print: K2020 LLLR Online: i-law via NUS Libraries Resources (registration required)

II. UK Case Law A. Modern Reports 5. Newspapers Brief, edited reports. e.g. The Times Law Reports Print: K2020 TR/ K2020 TLR Online: Justis via NUS Libraries Resources 6. Unreported judgments These are not available in print in the Law Library, but a selection are available online. Online: LexisNexis via NUS Libraries Resources BAILLI (free access)

II. UK Case Law B. The Nominate Reports The Nominate Reports refer to the various published reports of English cases from the Middle Ages to the 1860s. They are known by the names of the reporters and have been reprinted in: 1. The English Reports (1220-1865) Most comprehensive compilation. 176 volumes of cases & 2 index vols. Ref: K2020 ER Online: HeinOnline via NUS Libraries Resources CommonLII (free access) 2. The All England Law Reports Reprint (1558-1935) Criterion for inclusion: present day relevance or value to the legal profession. Ref: K2020 AE/ K2020 AEE (extension volumes) Online: Lexis Library via NUS Libraries Resources

The English Reports Ref: K2020 ER II. UK Case Law B. The Nominate Reports The English Reports Ref: K2020 ER

II. UK Case Law C. Research Tools Indexes to Legal Abbreviations Indexes for UK law reports include: Cardiff Index to Legal Abbreviations Online: http://www.legalabbrevs.cardiff.ac.uk/ “Table of Abbreviations” in the first volume for the year in the Current Law Yearbook Print: KB3 CLY Index to Legal Citations & Abbreviations (by Donald Raistrick, 3rd ed., 2008) Print: KB280 Rai 2008 “Law Reports and Journals and Their Abbreviations” in Osborn’s Concise Law Dictionary Print: KB12 Osb 2009

II. UK Case Law C. Research Tools (ii) Indexes to Law Reports a. The Law Reports Index (or Consolidated Index to Leading Law Reports) (1951-) The red volumes cover cases reported in the Law Reports as well as the Weekly Law Reports, All England Law Reports, Lloyd’s Law Reports and various other law reports Contain a table of “Cases Reported” and a table of “Subject Matter”, enabling you to find cases by name or subject respectively. Print: K2022 I b. All England Law Reports: Consolidated Tables and Index (1936-2012) Only covers cases in the All England Law Reports Contains a “Table of Cases Reported and Considered” and a “Subject Index”. Print: K2020 AELR

II. UK Case Law C. Research Tools (ii) Indexes to Law Reports (contd.) c. The English Reports Index of Cases (Vol. 177 & 178) This is an alphabetical listing of cases. Use this if you know the name of the case, but do not have the complete citation (e.g. Alexander v Comber) Print: K2020 ER English Reports Wall Chart This is useful when you only have the citation to the case, but not the names of the parties (e.g. 1 Keb. 434) Location: on wall opposite Law Library Information Desk Both indexes indicate the volumes of the English Reports in which the cases have been reprinted.

II. UK Case Law C. Research Tools (iii) Indexes with Abstracts of Cases a. The Digest This set summarises cases drawn from different series of law reports covering the whole case law of England and Wales together with a selection of cases from the courts of the Commonwealth countries and Europe. Has both a Consolidated Table of Cases and an Index to subjects. Print: K2028 EED

II. UK Case Law C. Research Tools (iii) Indexes with Abstracts of Cases (contd.) b. Current Law Yearbook and Current Law Monthly Digest Contain digests of cases from most series of law reports as well as from The Times and The Independent newspapers. Cover UK and EU cases. Volume 1 of the Yearbook for each year contains a “Table of Cases”. But this index only covers the law from 1 Jan to 31 Dec for that year. Print: KB3 CLY Each issue of the Monthly Digest contains a “Cumulative Table of Cases” and “Cumulative Index” to subjects. But these only index cases summarised in the publication so far in that calendar year. Print: KB3 CL

II. UK Case Law C. Research Tools (iii) Indexes with Abstracts of Cases (contd.) The Digest Print: K2028 EED Current Law Yearbook & Print: KB3 CLY Monthly Digest Print: KB3 CL

II. UK Case Law C. Research Tools (iv) Citators Print: Current Law Case Citator (1947-) For noting up UK and selected EU cases. Published in several volumes, i.e. 1947-1976, 1977-1988, 1989-1995, etc. Print: KB3 CLC

II. UK Case Law C. Research Tools (iv) Citators Online: JustCite Access via: NUS Libraries E-Resources JustCite provides information on how both cases and legislation have been applied and interpreted. One of the features of JustCite is that it indexes and links to full-text documents where available.

II. UK Case Law C. Research Tools (iv) Citators Online: JustCite E.g. Noting-up Hedley Byrne v Heller using JustCite. On the homepage, select “Advanced search” for more search options.

II. UK Case Law C. Research Tools (iv) Citators Online: JustCite E.g. Noting-up Hedley Byrne v Heller using JustCite.

II. UK Case Law C. Research Tools (iv) Citators Online: JustCite E.g. Noting-up Hedley Byrne v Heller using JustCite

II. UK Case Law C. Research Tools (v) Commentaries Halsbury’s Laws of England This legal encyclopaedia is a key research publication for UK law. Commentaries on the whole law of England and Wales are contained in the 52 volumes (arranged by subject). These are updated by the Annual Abridgement and Current Service (monthly booklets). Subject and alphabetical indexes to cases are also published as part of this series. 4th ed. Print: KB11 Hal

II. UK Case Law C. Research Tools (v) Commentaries (contd.) Halsbury’s Laws of England The familiar brown-coloured 4th edition of this series is gradually being replaced by the 5th edition. 5th ed. of Halsbury’s Print: KB11 Hal

II. UK Case Law C. Research Tools (vi) Databases Full text databases: BAILLI at http://www.bailii.org/ (free resource) Justis via NUS Libraries Resources Lexis Library via NUS Libraries Resources LexisNexis via NUS Libraries Resources WestLaw via Law Proxy Service For a more comprehensive listing, refer to the Guide to Electronic Resources Collection. Print copies of this guide are also available in the law library.

III. Australian Case Law A. Law Reports Commonwealth Law Reports (CLR) (1903-) Authorised report Reports decisions of the High Court. Print: K9011 CLR Online: WestLaw via Law Proxy Service 2. Federal Court Reports (FCR) (1984-) Reports decisions of the Federal Court of Australia. Print: K9011 FCR Online: WestLaw via Law Proxy Service 3. Federal Law Reports (FLR) (1956-) Reports decisions of courts of Federal jurisdiction, except High Court. Print: K9011 FLR Online: WestLaw via Law Proxy Service

III. Australian Case Law A. Law Reports 4. Australian Law Journal Reports (ALJR) (1958-) Reports decisions of the High Court Before 1958, these reports were included in the Australian Law Journal Current issues also incorporated into the Australian Law Journal. Print: K9011 ALJR 5. Australian Law Reports (ALR) (1973-) Reports decisions of the High Court and other cases determining Federal law Also contains the Australian Capital Territory Reports (ACTR) and Northern Territory Reports (NTR) Replaces the Argus Law Reports (ALR) Print: K9011 ALR Online: LexisNexis AU via NUS Libraries Resources

III. Australian Case Law A. Law Reports 6. Authorised Reports from the States and Territories New South Wales Law Reports (NSWLR) (1971-) Print: K9051 NSR Online: LexisNexis AU via NUS Libraries Resources (b) Northern Territory Law Reports (NTLR) (1992-) Authorised report Reports decisions of the Supreme Court of the Northern Territory. Print: K9011 NTLR (c) Queensland Reports (Qd R) (1958-) Print: K9091 SQR (d) South Australian State Reports (SASR) (1971-) Print: K9111 SRSA Online: WestLaw via Law Proxy Service

III. Australian Case Law A. Law Reports 6. Authorised Reports from the Various States (contd.) (e) Tasmanian Reports (Tas R) (1981-) Continues Tasmanian State Reports (1897-1980) Print: K9131 TSC (f) Victorian Reports (VR) (1957-) Continues Victorian Law Reports (1876-1956) Print: K9151 TR Online: LexisNexis AU via NUS Libraries Resources (g) Western Australian Reports (WAR) (1960-) Continues Western Australian Law Reports (1899-1959) Print: K9171 WAR

III. Australian Case Law A. Law Reports 7. Unreported Judgments These are usually only available for the superior courts. They are not available in print in the Law Library but are available online. Online: LexisNexis AU via NUS Libraries Resources AustLII at http://www.austlii.edu.au/ Colonial case law The Colonial case law project run by Macquarie University Law School makes available decisions of the superior courts of New South Wales and Tasmania from the 18th and 19th centuries as well as unreported appeals from the Australian colonies to the Privy Council before 1850. Entries are based on a mixture of newspaper and manuscript accounts of court records. Online: Colonial Case Law at http://www.law.mq.edu.au/research/colonial_case_law/

III. Australian Case Law B. Research Tools (i) Indexes to Legal Abbreviations Indexes for Australian law reports include: Legal Abbreviations Published by the Monash University Law Library. Online: http://guides.lib.monash.edu/legal-abbreviations “Abbreviations” in Australian Case Citator Refer to the latest volume of the Citator for the most comprehensive listing of abbreviations. Print: K9012 ACC Index to Legal Citations & Abbreviations (by Donald Raistrick, 3rd ed., 2008) Print: KB280 Rai 2008

III. Australian Case Law B. Research Tools (ii) Indexes with Abstracts of Cases a. The Australian Digest Consult the “Table of Cases” in the Consolidated Index and Tables. Print: K9011 AD3 b. Australian Current Law Reporter Consult the “Cumulative Table of Cases” in the Consolidated Tables and Indexes. Print: KB3 ACLR Online: LexisNexis AU via NUS Libraries Resources

III. Australian Case Law B. Research Tools (iii) Citators Australian Case Citator For noting up Australian and significant UK cases The set provides a comprehensive alphabetical listing of reported Australian case law since 1825 Each case entry also consists of references to journal articles in which the listed case has been usefully discussed. Print: K9012 ACC b. CaseBase Online case citator available in LexisNexis AU. Online: LexisNexis AU via NUS Libraries Resources

III. Australian Case Law B. Research Tools (iv) Commentaries Halsbury’s Laws Of Australia The print set is not updated. Use the online resource for current information. Print: KB11 Hla Online: LexisNexis AU via NUS Libraries Resources b. Laws of Australia Updated looseleaf service. Print: KB11 Laa

III. Australian Case Law B. Research Tools (v) Databases Full text databases: AustLII at http://www.austlii.edu.au/ (free resource) LexisNexis via NUS Libraries Resources LexisNexis AU via NUS Libraries Resources WestLaw via Law Proxy Service Indexes and abstracts: LexisNexis AU via NUS Libraries Resources For a more comprehensive listing, refer to the Guide to Electronic Resources Collection. Print copies are available in the law library.

IV. References For Singapore: For a more detailed account, refer to the powerpoint tutorial entitled “Researching Singapore Case Law” at http://www.lib.nus.edu.sg/ilp/llb/SingCases.pps Robert C. Beckman, Brady S. Coleman & Joel Lee, Case Analysis and Statutory Interpretation, 2nd ed. (Singapore: Faculty of Law, National University of Singapore, 2001). Ref: KE5280 Bec For UK: Peter Clinch, Using a Law Library: a Student’s Guide to Legal Research Skills, 2nd ed. (London: Blackstone Press, 2001). Ref: KB280 Cli For Australia: Robert Watt & Francis Johns, Concise Legal Research, 6th ed. (Sydney: Federation Press, 2009). Ref: KB280 Wat 2009

The End You have reached the end of this tutorial The End You have reached the end of this tutorial. If you have any queries, please email cjkohlib@nus.edu.sg or speak to a librarian at the Information Desk: 6516 2043. If you have any comments, please send your email to: llbleesl@nus.edu.sg Updated 20 Mar 2013 © C J Koh Law Library 2005-2013