Finding Legal materials online Presented by Bissy Ithack 14 & 15 August 2019

Outline Primary sources of law Singapore Case law The Case citation UK Case law Singapore Legislation UK Legislation Secondary sources of law Law subject guides

Primary sources of law Distinguish: Primary & Secondary sources of law

Primary sources of law Primary sources of law: authoritative publications of law produced by law-making bodies. Primary sources: a. Legislation - Statutes - Subsidiary Legislation/ Statutory Instruments b. Case law - Decisions of the courts Secondary sources: publications of scholarly analysis of law - books - Journals etc. This presentation focuses on finding primary sources of law

Singapore Case Law

Singapore Case Law The principle law report series in Singapore is the Singapore Law Reports Coverage of cases from 1965. Print : K7599 SLR Online: *LawNet 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 sets are equally authoritative as each judgment reported in both remains in substance, though not in form, the same. However, note that there is a citation preference order as between these law reports. *LawNet access via NUS Faculty of Law

Order of Preference (From Highest to Lowest) Singapore Case Law Citation preference order According to the Supreme Court Practice Directions part VIII ss 74(6), the official series of the law report(s) should be cited in priority to other citations. We have distilled the following order of preference below: Date of Case Order of Preference (From Highest to Lowest) 2010-Present Singapore Law Reports (2010-) (SLR Current Series) Neutral Citation 1965-2009 Singapore Law Reports (Reissue) (SLR(R)) Singapore Law Reports (1965-2009) (SLR 1965-2009) Malayan Law Journal (MLJ) Pre-1965 The applicable heritage law report

Singapore Case Law SLR SLR (Reissue) Alrich Development Pte Ltd v Rafiq Jumabhoy [1995] 2 SLR 401 Alrich Development Pte Ltd v Rafiq Jumabhoy [1995] 2 SLR(R) 340 SLR SLR (Reissue)

Singapore Case Law The other law report series which is the major source of reported Singapore court decisions from 1932 to 1991 is the Malayan Law Journal. Call no : K7599 MLJ Online: *LawNet & Lexis Advance Singapore *LawNet access via NUS Faculty of Law

II. Singapore Case 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 database . 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.

Case citations

Case Citation A case citation is a reference to a legal case in the law reports It generally includes the Names of the parties to the case year the decision of the court was delivered or published volume number of the law report abbreviation of the law report series first page at which the case is reported. Airtrust (Hong Kong) Ltd v PH Hydraulics & Engineering Pte Ltd [2016] 1 SLR 1060 A case citation is a reference to a case.

Case Citation Carriernet Global Ltd v Abkey Pte Ltd Case citations: developed to enable users to cite to and find cases within a series of written books (“reporters”) What happened when cases began to be placed online, for public use? What would you need, not need, to find a case online? Don’t need: book, page number Do need: case name, year, court, case number (paragraph numbers – remember, no page numbers online) = “Neutral Citation”: citation to cases published online; does not refer to version printed in a book Carriernet Global Ltd v Abkey Pte Ltd Reporter Citation: [2010] 3 SLR 454 Neutral Citation : [2010] SGHC 104 In Singapore, the Neutral Citation system was introduced in 2002

Case citation The Neutral citation system was implemented by Supreme Court Practice Direction no. 3 of 2002 The neutral citation includes names of the parties to the case Year of the court decision jurisdiction/level of court sequential number paragraph number(s) Court designators include SGCA – Singapore Court of Appeal SGHC – Singapore High Court SGDC – Singapore District Court SGMC – Singapore Magistrates’ Court Public Prosecutor v Nguyen Tuong Van [2004] SGHC 54, [1]

Case citation Deciphering citations Search an index to legal abbreviations to find out which law report the abbreviation stands for. 1. Print Index: Donald Raistrick, Index to Legal Citations and Abbreviations, 4th ed. (London: Sweet & Maxwell, 2013). Location: KB280 Rai 2013 (LW RBR; LW Reference Office; LW Reference1) 2. Online: Law Reference Desk – Abbreviations/Citations http://libportal.nus.edu.sg/frontend/ms/c-j-koh-law-library/research/legal-resources-on-the-web/law-reference-desk Librarian’s pick - Cardiff Index to Legal Abbreviations http://www.legalabbrevs.cardiff.ac.uk/

Case citation Deciphering citations Search Cardiff Index to find out which law report the abbreviation stands for e.g. SLR

Case citation Law Reference Desk

How to Find a case? Step 1. Find out what law report the abbreviation stands for by checking an index to legal abbreviations Step 2. Search LINC for the specific law report to determine its location in the library Or Search relevant database to find the case

LawNet - Singapore Cases Singapore Law Reports and unreported judgments are available through LawNet LawNet (via NUS Law Resources)

LawNet database: Find cases and other materials Singapore Law Reports Unreported judgments Malayan law journal (Singapore cases reported in the MLJ from 1931 -1991) Journal articles Singapore Academy of Law journal Singapore journal of legal studies Legislation Statutes Parliamentary Debates

LawNet - Singapore Cases Unreported Judgments are only available through LawNet. Find case: Choo Tiong Hin v. Choo Hock Swee [1959] M.L.J. 67

LawNet - Singapore Cases

Singapore Case Law 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 2015 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: See LibGuide - Historical Sources of Singapore Law: Cases

UK Case Law

UK case Law Modern Law Reports The Law Reports (1865-) Print K2022 4C The official set of law reports published by the Incorporated Council of Law Reporting for England and Wales. 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 : ICLR, Lexis Advance Singapore , Westlaw & LawNet

UK Case Law Modern Law Reports 2. The Weekly Law Reports (WLR) (1953-) Timely, full text reports. Print - Call no : K2020 WNR Online: ICLR 3. All England Law Reports (All ER) (1936-) Timely, full text reports; contains editorial notes. Print - Call no : K2020 AELR Online: Lexis Advance Singapore 4. Specialist series Contain a selection of cases in a discrete practice area. e.g. Lloyds Law Reports (maritime and commercial law) Print - Call no : K2020 LLLR Online: i-law 5. Newspapers Brief, edited reports. e.g. The Times Law Reports Print Call no: K2020 TR/ K2020 TLR 6. Unreported judgments These are not available in print in the Law Library, but a selection are available online. Online access via LexisNexis Academic & BAILLI (free access)

UK Case law UK cases are accessible through the following databases:- Lexis Advance Singapore LawNet ICLR Westlaw LexisNexis Academic

LawNet – UK cases LawNet (via NUS Law Resources) Find case: Balfour v. Balfour [1919] 2 K.B. 571

LawNet – UK cases

LawNet – UK cases

Lexis Advance Singapore

Lexis Advance Singapore

Lexis Advance Singapore

ICLR Online The official Law Reports published by Incorporated Council of Law Reporting for England and Wales (ICLR) and the Weekly Law Reports are available through this Database.

Westlaw Browse or search for US materials (legislation, Cases, treatises, journals and law reviews) in the home page Select ‘International Materials’ to search for resources from other jurisdictions)

Westlaw Search by name of parties or by citation

How can you get all the citations for a case? How can you check to see if the citation you have is actually the correct case? How can you find which database contains your case?

JustisOne JustCite is incorporated into JustisOne database

JustisOne

JustisOne

Singapore Legislation

Singapore legislation The 2 main sources of legislation in Singapore today are: I. Statutes of the Republic of Singapore (primary legislation) Print: K7399 1985 Online :Singapore Statutes Online *LawNet & Singapore Egazette II. Subsidiary Legislation of the Republic of Singapore (secondary legislation) Print: K7449 1990 Online: Singapore Statutes Online *LawNet & Singapore Egazette *LawNet access via NUS Faculty of Law

Singapore legislation The Legislature, the law-making body in Singapore, is made up of the President the Parliament of Singapore. A Bill becomes law when it is passed by Parliament and assented to by the President. But an Act only comes into force on a date determined by the Minister and notified by a commencement Notification in the Gazette. How Laws are made? - https://www.youtube.com/watch?v=TZPWz7d0w1w

Singapore Legislation From Bill to Act: Attorney-General’s Chambers Drafting and Vetting Government bill Parliament Introduction/ First Reading Bill Parliamentary debate Second Reading Bill Parliamentary debate Committee Stage Committee of the whole House Bill Parliamentary debate Select Committee Bill Select Committee report Third Reading Bill Parliamentary debate Presidential Council for Minority Rights Bill Presidential Assent Bill to Act Government Printer Gazetting Act (comes into force on date determined by Minister in charge of Act and notified by a commencement Notification in the Gazette)

Singapore Legislation The Legislative Process From Bill to Act: Bills Supplement Print: K7499 SB Online: Singapore Statutes Online, Singapore Egazette & *LawNet Acts Supplement Print: K7399 SA Online: Singapore Statutes Online, Singapore Egazette & *LawNet *LawNet access via NUS Faculty of Law

Singapore Legislation The Legislative Process From Bill to Act: Parliamentary Debate Print: J618 SLAD Online: Parliament website & *LawNet Select Committee Reports Print: K7524 … Online: Parliament website & *LawNet

Singapore Legislation The Legislative Process The Act and its amendments: Consolidation of amendments Consolidated Version of Act: Online: http://statutes.agc.gov.sg/ The Act Amendments to Act Rules made pursuant to Act: Singapore Subsidiary Legislation Print: K7449 1990 Substantial amendments to Act: Revised Edition of Act (authoritative version) Print: K7399 1985 Acts Supplement E.g. 20 of 1998 Print: K7399 SA Subsidiary Legislation Supplement E.g. S 404/2000 Print: K7449 SLS Bill Parliamentary debate/ Select committee report

IV. Singapore Legislation The Act and its amendments: Revised Editions of the Singapore Statutes 1955 Rev. Ed. 1970 Rev. Ed. 1985 Rev. Ed.

Singapore Legislation E.g. Companies Act (Cap. 50, 2006 Rev. Ed. Sing.) Title of Act and Chapter No. Previous Rev. Eds. Original Act 1994 Rev. Ed. amended by: Act Supplements & Subsidiary Legislation Supplements Current Rev. Ed. Date current Rev. Ed. came into effect

Singapore Legislation Legislative History E.g. Companies Act (Cap. 50, 2006 Rev. Ed. Sing.) The Legislative History of the Companies Act is located towards the back of the Act. This is a useful research tool as it contains the list of Acts that amended the earlier editions of the Companies Act, together with information on related Parliamentary Debates.

Singapore Legislation Legislative History E.g. Companies Act (Cap. 50, 2006 Rev. Ed. Sing.) Things to note: Changes to “Principal Act” (1994 Rev. Ed.) made by: Amendment Act Other amending Acts Dates of Parliamentary Debates Dates of commencement of Amendment & amending Acts

Singapore Legislation History of the Acts Period Title 1823 Raffles Regulations (validity disputed) 1830 Penang Governor’s Regulations (validity of some disputed) 1830-1834 Bengal Regulations 1834-1867 Indian Acts 1867-1942 Straits Settlements Acts and Ordinances 1942-1945 Japanese Military Administration Proclamations, Legislative Enactments, etc. (all repealed by the British Military Administration after the war) 1945-1946 British Military Administration Proclamations 1946-1959 Colony of Singapore Acts and Ordinances 1959-1963 Colony of the State of Singapore Acts and Ordinances 1963-1965 Federation of Malaysia Acts of Parliament/ State of Singapore Acts of the Legislature 1965- Statutes of the Republic of Singapore

Singapore Legislation Singapore Statutes Online https://sso.agc.gov.sg/ Find a statute: Contracts (Rights of Third Parties) Act

Singapore Legislation

Singapore Legislation

UK Legislation

V. UK Legislation Introduction The United Kingdom of Great Britain and Northern Ireland consists of 4 countries forming 3 distinct jurisdictions, being England and Wales; Scotland and Northern Ireland. Since 1999, Scotland and Northern Ireland have had legislative bodies capable of producing primary legislation for those regions. In Wales, the powers of the National Assembly are limited to producing only secondary legislation.

UK Legislation Introduction The 2 main sources of UK legislation are: Acts of Parliament (primary legislation) a. Public General Acts b. Local and Personal Acts II. Statutory Instruments (secondary legislation).

UK Legislation Where to find it Version I. Acts of Parliament Version Notes Location Public General Acts. Queen’s Printer copy Individual Acts. 1988- (selected statutes fr. 1267-1987) legislation.gov.uk: http://www.legislation.gov.uk/ Public General Acts … Annual bound volumes. 1952- 1866-1951 *K2011 PG *K2011 P The Law Reports. Statutes Reprint of the Public General Acts. 1987-2003 *K2011 P CL Closed Stacks Current Law Statutes Annotated Contains annotations. 1966/67, 1973, 1979- *KB3 CLSA Halsbury’s Statutes of England and Wales (4th ed.) Includes annotations *K2016 Hal UK Legislation Includes the full, amended text of Acts currently in force, as well as legislation recently enacted but not yet in force Lexis Singapore: Access via NUS Libraries Portal *Refer to LINC for exact location in library

II. Early English Statutes UK Legislation Where to find it II. Early English Statutes Version Notes Location Statutes at Large (generic title) 1225-1865. Includes Magna Carta *K2011 LP Statutes of the Realm 1235-1713. Includes charters from 1101-1301 *K2016 Sta CL Closed Stacks Online via HeinOnline Acts and Ordinances of the Interregnum 1642-1660 *K2015 Fir *Refer to LINC for exact location in library

III. Statutory Instruments UK Legislation Where to find it III. Statutory Instruments Category Notes Location Statutory Instruments Print. 1956-2004 Online *K2012 SI legislation.gov.uk: http://www.legislation.gov.uk/ Lexis Singapore: Access via NUS Libraries Portal Statutory Rules & Orders and Statutory Instruments Revised to December 31, 1948 *K2012 1948 *Refer to LINC for exact location in library

IV. Bills (including Explanatory Notes) UK Legislation Where to find it IV. Bills (including Explanatory Notes) Version Location Public Bills Before Parliament. 2002- (online) United Kingdom Parliament: http://www.parliament.uk/business/bills-and-legislation/ House of Commons Parliamentary Papers: Bills 1990-1993 (print) *K2009 GHCB CL Closed Stacks Bills. 1801-2004 (online) U.K. Parliamentary Papers Access via NUS Libraries Portal

V. Parliamentary Debates: Official Report or Hansard UK Legislation Where to find it V. Parliamentary Debates: Official Report or Hansard Category Location House of Commons Print: 1909-1984 Online: 1988- 1803-2004 *J301 H2C (CL Closed Stacks) United Kingdom Parliament: http://www.parliament.uk/business/publications/hansard/commons/ http://hansard.millbanksystems.com/commons House of Lords Print: 1909-1985 Online: 1995- 1803-2005 *J301 H2L (CL Closed Stacks) http://www.parliament.uk/business/publications/hansard/lords/ http://hansard.millbanksystems.com/ *Refer to LINC for exact location in library

UK Legislation Online access - http://www.legislation.gov.uk/

Secondary Sources

Secondary Sources Textbooks, casebooks etc. Legal encyclopaedias Legal periodicals Research literature. E.g. Theses Reference works. E.g. Dictionaries, directories, bibliographies, digests, citators, indexes etc.

III. Secondary Sources Secondary sources of law: e.g. journal articles Goh, Yihan. “The case for departing from the exclusionary rule against prior negotiations in the interpretation of contracts in Singapore” (2013) 25:1 SAcLJ 182. Campbell, David. “Good Faith and the Ubiquity of the ‘Relational’ Contract” (2014) 77:3 Mod Law Rev 475.

Legal Periodicals Search by journal name in the library catalogue. For E.g. Singapore Academy of Law journal

Textbooks Search by title, author or by keywords to find books through library Catalogue For E.g. Contract law in Singapore / Andrew B.L. Phang, Goh Yihan.

Law subject guides http://libguides.nus.edu.sg/law

If you have any queries please contact us Thank you If you have any queries please contact us 6516 2043 cjkohlib@nus.edu.sg