Practical Legal Research

PRACTICAL LEGAL RESEARCH WHAT IS IT? WHY DO WE HAVE IT ON THE BVC?

What is PLR? How is the research we do any different from LLB / CPE? Identifying the legal issues from a given set of facts i.e. the ability to translate facts into legal issues

Types of PLR question used in SPSs Focussed Unfocussed

Assessment: how and when? PLR: Single assessment Unfocussed Mock: December Assessment: March

PLR IS A VITAL SKILL IN LEGAL PRACTICE Why do we have it? PLR IS A VITAL SKILL IN LEGAL PRACTICE Because it is a skill it requires repeated effort: throughout the programme you will have opportunities to research – take them!

The problem of legal research …sources ANNUALLY: 4000 NEW REPORTED CASES IN CURRENT LAW 3,500 NEW SIs LEGAL JOURNALS INDEX ADDS 30,000 ITEMS TOTAL = 150 + NEW ITEMS EACH DAY

Further problems Scope: you need to check the prefatory editorial content of a source e.g. is it a partial or comprehensive treatment of the topic Currency: (vital!) you must know: 1. Which source is most current? 2. How is the source updated? 3. At what date are you operating in your research?

Help! Is there a technique? Yes! First important thing: become familiar with the sources and how to use them Sources include: Paper sources Electronic sources (People)

Paper sources - examples Legal Encyclopaedia e.g. Halsbury’s Laws of England Halsbury’s Statutes and SIs Case reports Current Law Practitioner Texts Legal Dictionaries

Electronic sources - examples Current Law Westlaw UK Lexis All England Direct and Case Search Lawtel

People Learn to make imaginative use of what sources are available

BUT - Sources Two problems: No single source is comprehensive The information available is almost infinite

Sources This means that you must often use more than one source and that you MUST follow a research methodology

PLR ANSWER TEMPLATE Identification of problem/areas for research Key words / phrases Research Report Additional information, if required Summary   Sources Primary source(s) Secondary source(s) Updating

THE ORDER OF RESEARCH: THE TEMPLATE First: determine the nature of the inquiry What is the area or point of law?

THE ORDER OF RESEARCH Second: identify key words Find key research words BUT! Be aware of e.g.: synonyms: tax law / revenue law related terms: ownership / possession changes: discovery / disclosure

Keywords example: Question A1: Boundaries, hedges, ditches, presumption.  

THE ORDER OF RESEARCH third: identify sources Primary sources: statute, common law Secondary sources: practitioner texts Halsbury’s, legal dictionaries, textbooks, guides to case law and legislation, academic articles (Birks, P, Adjudication and Interpretation in the Common Law (1994) 13 Legal Studies 178) + Consider other sources – e.g. agencies, external sources.

THE ORDER OF RESEARCH fourth: research the question Keep a personal note of what you are doing so that you can retrace your steps Use proper references Make sure you are applying the research to answer the question

THE ORDER OF RESEARCH fifth: update How you do this depends on the source. e.g. Case law – depends on the case law series – can check other sources like current law which is the most comprehensive Statute – e.g. Halsbury’s Statutes –current service and noter up

NB: other things to consider e.g. authority? see e.g. Practice Direction (Supreme Court) [1998] 1 WLR 825: The Law Reports Weekly Law Reports All England Law Reports Other authoritative series

THE ORDER OF RESEARCH sixth: check and edit You must check your work – marks are easily lost through careless errors and inaccuracies. You MUST develop the habit of PROOF READING!

NB What are we assessing? The answer but also how you have found it – the research report i.e. Primary sources Secondary sources References Updating

Assessment criteria Language, fluency and punctuation The identification of a legal issue that is appropriate in that it requires and justifies research The identification of relevant and helpful key words and phrases for the identified legal issue The completion of an accurate, concise and focused legal research report that is correctly updated and includes the identification of any additional further information necessary Evidence of use of authoritative legal research sources

Further requirements: In regard to the assessment as a whole, you must demonstrate knowledge and comprehension of the law together with the ability to manipulate and utilise that knowledge in the analysis and preparation of the case employed. Inadequate demonstration of such knowledge and comprehension, or inadequate case analysis and preparation shall result in you being failed in this assessment, irrespective of the marks achieved in other components of the assessment.

REMEMBER MAKE CERTAIN THAT YOUR RESEARCH IS: THOROUGH RELEVANT ACCURATE UP-TO-DATE PROPERLY REFERENCED PROPERLY WRITTEN

Further reading There are two texts particularly to be recommended in the area of legal research: Legal Research by David Stott published by Cavendish Legal Research Guide by Guy Holborn published by Butterworths

Finally Practical Legal Research on the ELP Template Guide to using the template Guide to using Halsbury’s Laws (paper version) Guide to Northumbria electronic research resources