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Researching Singapore, UK and Australian Case Law

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1 Researching Singapore, UK and Australian Case Law
Content by Lee Su-Lin Updated by Clement Lin © C J Koh Law Library

2 Notice No part of this publication may be reproduced or transmitted in any form or by any means, including photocopying and recording, without the written permission of the copyright holder, application for which should be addressed to the author. Such written permission must also be obtained before any part of this publication is stored in a retrieval system of any nature. No copyright is claimed in the text of statutes, regulations and court decisions quoted within this work. © C J Koh Law Library

3 Introduction This tutorial was originally designed for first year law students on the NUS Faculty of Law’s LAWR Programme (now called LARC). 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

4 Contents I. Singapore Case Law p.5 Law Reports Overview p.6
Other Sources of Case Law p.12 Case Citation p.14 Research Tools p.20 II. UK Case Law p.34 Modern Law Reports p.35 Older Series p.39 Case Citation p.40 Research Tools p.45 III. Australian Case Law p.61 Law Reports p.62 Other Sources of Case Law p.64 Case Citation p.65 Research Tools p.66 IV. Further References p.76 © C J Koh Law Library

5 Singapore

6 Singapore Case Law Law Reports Overview
Law reports are the published judgments of the courts. Cases are only selected for reporting if they raise or expand upon significant points of law. Therefore, only a small proportion of cases are reported, and these are mainly from the Supreme Court (i.e. High Court and Court of Appeal). The principle law report series for Singapore is the Singapore Law Reports, which covers cases from 1965 onwards. Ref: K7599 SLR ( ); K7599 SLR (1992-) Online: LawNet (NUS Law; Other NUS staff & students) 6

7 Major Law Reports of Singapore – A Reverse Chronological List
Singapore Case Law Law Reports Overview Major Law Reports of Singapore – A Reverse Chronological List Title Abbreviation Publication Date Location Singapore Law Reports SLR 1965- Print: K7599 SLR; K7599 SLR Online: LawNet (NUS Law) (Other NUS staff & students) Singapore Law Reports (Reissue) SLR(R) Print: K7599 SLR Online: LawNet (NUS Law) (Other NUS staff & students) Malayan Law Journal MLJ Print: K7599 MLJ Online: LawNet (NUS Law) (Other NUS staff & students) Online: Lexis Singapore Straits Settlements Law Reports SSLR (new series) (old series) Print: K7596 SSLR Federated Malay States Law Reports FMSLR (covers ) Print: K7600 FMSLR Kyshe’s Reports Ky (covers ) Print: K7596 Ky Straits Law Reports SLR Leic 1877 (covers ) Print: K7596 SLR

8 Singapore Law Reports (Reissue)
Singapore Case Law Singapore Law Reports (Reissue) 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. However, note that there is a citation preference order as between these law reports. Ref: K7599 SLR Online: LawNet (For: NUS Law; Other NUS staff & students) 8

9 Singapore Case Law Malayan Law Journal
The other law report series which is a major source of reported Singapore court decisions from 1931 to 1991 is the Malayan Law Journal. Ref: K7599 MLJ Online: 1) LawNet (NUS Law; Other NUS staff & students) ) Lexis Singapore 9

10 Singapore Syariah Appeals Reports
Singapore Case Law Singapore Syariah Appeals 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 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

11 Singapore Case Law Older Law Reports
There are several discontinued series of law reports that contain older cases from the courts of Singapore, Malaya and Borneo. For a comprehensive list of these reports, refer to: Print Mallal’s Digest: Consolidated Table of Cases 2015 Reissue, p.vii-viii under the section entitled “Reports and Publications and Their Abbreviations” (Ref: K Md) Online Online Library Guide: Historical Sources of Singapore Law – Cases (by C J Koh Law Library) 11

12 Other Sources of Case Law
Singapore Case Law Other Sources of Case Law I. Unreported Judgments These are full text transcripts of written judgments as handed down in the State Courts, High Court and Court of Appeal. They are available online in LawNet. Access: NUS Law; Other NUS staff & students 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) 12

13 Other Sources of Case Law
Singapore Case Law Other Sources of Case Law II. Decisions of Boards/Tribunals Decisions include those of the Appeals Board (Land Acquisition) Copyright Tribunals Income Tax Board of Review Intellectual Property Office of Singapore Military Court of Appeal Strata Titles Boards. Most of these decisions are not available in print but are available online in LawNet. Access: NUS Law; Other NUS staff & students 13

14 Case Citation (Reported)
Singapore Case Law Case Citation (Reported) A case citation is a reference to a case in the law reports. You will need this in order to locate the report of a case. 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. 14

15 Case Citation (Neutral)
Singapore Case Law Case Citation (Neutral) The neutral citation system is defined in s.74(8) of the Supreme Court Practice Directions as follows: “A neutral citation is a Court-approved system of citation which is independent of the series of law reports or other publication, and unique to each written judgment. Each written judgment from a particular level of Court is assigned a sequential number, starting from 1 at the beginning of each calendar year.” A similar definition can be found in s.73(1) of the State Courts Practice Directions (2006 Ed.) 15

16 Case Citation (Neutral)
Singapore Case Law Case Citation (Neutral) The neutral citation includes names of the parties to the case year of the decision Court designators include SGCA – Singapore Court of Appeal SGHC – Singapore High Court SGDC – Singapore District Court SGMC – Singapore Magistrates’ Court jurisdiction/level of court sequential number paragraph number(s) Example Public Prosecutor v Nguyen Tuong Van [2004] SGHC 54, [1] 16

17 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 Singapore Law Reports (Reissue) (SLR(R)) Singapore Law Reports ( ) (SLR ) Malayan Law Journal (MLJ) Pre-1965 The applicable heritage law report 17

18 Comparative Citation (Print)
Singapore Case Law Comparative Citation (Print) If you have a case with an original SLR, MLJ or neutral citation and need to determine the corresponding SLR(R) citation, refer to the Singapore Law Reports (Reissue): Comparative Table of Citations & Table of Cases Reported 1965 to (Ref: K7599 SLR) Corresponding SLR(R) citation original SLR citation 18

19 Comparative Citation (Online)
Singapore Case Law Comparative Citation (Online) Alternatively, you may refer to LawNet. Check the "Parallel Citations" tab on LawNet. The example below shows how to find all parallel citations under the "Related Documents" tab on LawNet.  [LawNet access: NUS Faculty of Law; Other NUS staff & students] 19

20 Singapore Case Law Research Tools
There are 6 categories of tools to help find and research case law: I would like to locate a case and I have a complete citation. Use: Index to Legal Abbreviations / Online I would like to locate a case and I have an incomplete citation. Use: Index to Law Reports / Index with Abstracts of Cases / Online I would like to note up the case to ensure that it is still good law. Use: Case Citators / Online I want a general overview of an area of law / find cases of a particular subject matter. Use: Commentaries / Index to Law Reports / Index with Abstracts of Cases i. Indexes to legal abbreviations ii. Indexes to law reports iii. Indexes with abstracts of cases iv. Case citators v. Commentaries vi. Online full text databases 20

21 Index to Legal Abbreviations
Singapore Case Law Index to Legal Abbreviations Step One: Identify the Law Report To locate a case where the citation is known, the law report must be identified based on its legal abbreviation by consulting an index to legal abbreviations. For local law reports, it is recommended that you use the online index “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. (Ref: KB280.2 Can 2014) Example: Using Singapore - Legal Abbreviations to find out what “SLR(R)” in PP v Tan Kiam Peng [2007] 1 SLR(R) 522 stands for: 21

22 Index to Legal Abbreviations
Singapore Case Law Index to Legal Abbreviations Step Two: Locate a Physical Copy To find out if a print copy is available, search the library catalogue LINC ( 1. Select the “LINC” tab 2. Enter law report title and click on search button 3. Determine availability and location 22

23 Singapore Case Law Index to Law Reports
Indexes to law reports include an alphabetical or subject index listing of cases. Therefore, with an incomplete citation, you can search for the full case citation by the name of the plaintiff, appellant or prosecution. A search in the “Table of Cases Reported” ( ) reveals the full citation: De Cruz Andrea Heidi v. Guangzhou Yuzhitang Health Products Co Ltd and others [2003] 4 SLR(R) 682 23

24 Singapore Case Law Index to Law Reports
Alphabetical list by name of cases Subject index of cases Purpose Useful for finding full citations of cases when the names of the parties are known. Useful for locating cases on a particular subject. Singapore Singapore Law Reports (Reissue): Comparative Table of Citations & Table of Cases Reported 1965 to 2009 Ref: K7599 SLR For cases reported after 2009, refer to the “Table of Cases Reported” in the individual volumes of the Singapore Law Reports. 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. Malaysia The Malayan Law Journal Consolidated Tables : General Index and Table of Cases Reported (Also Consolidated Tables , , , etc.) Ref: K7599 MLJ The Malayan Law Journal Consolidated Tables : Subject Index (Also Consolidated Tables , , , etc.) Ref: K7599 MLJ 24

25 Singapore Case Law Index 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 5th edition of Mallal's Digest (Reissue) volumes are available in this series. Mallal’s Digest (5th Ed.) Ref: K Md 25

26 Searching Alphabetically
Singapore Case Law Searching Alphabetically Searching the Alphabetical Index Search the name of the plaintiff, appellant or prosecution in Mallal’s Digest: Consolidated Table of Cases 2015 Reissue. (Ref: K Md) For the latest cases not covered in the Consolidated Table, refer to: Mallal’s Digest [Yearbooks] (Ref: K MDY) Refer to the “Table of Cases” in the latest volumes. Use this for more recent cases. Mallal’s Current Law (Ref: K MCL) Refer to the “Table of Cases Digested” in each issue. Use this for the current or previous year’s cases. 26

27 Singapore Case Law Searching by Subject Searching the Subject Index
Step One: Find the relevant volume of Mallal’s digest Determine the broad subject heading for your area of research. Check the front cover of each volume of the Digest for the range of subjects covered in Mallal's digest of Malaysian, Singaporean, English and Australian case law. (Ref: K Md) Step Two: Locate the specific subject area and the relevant paragraphs Check the “Subject Index” in that particular volume for references to the specific subject area. Under that subject area, look for the relevant subheading. The paragraphs listed in the “Subject Index” will lead you to the relevant case abstracts. Refer to the abstracts for information on the cases, including case citations. For the more recent decisions, refer to: Mallal’s Digest [Yearbooks] (Ref: K MDY) Search the “Subject Index” within the latest volumes. Use this for more recent cases. Mallal’s Current Law (Ref: K MCL) Search the “Subject Index” at the back of each issue. Use this for the current or previous year’s cases. 27

28 E.g. Quantum of damages for head injury
Singapore Case Law Searching by Subject E.g. Quantum of damages for head injury Broad Subject Head: Damages (Personal Injury or Death) in Volume 6(2) of Mallal’s Digest Subheading: Refer to these paragraphs for cases on damages for head injuries/injury Specific Subject Area: Cases on quantum of damages for personal injuries 28

29 Singapore Case Law 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”. These case citators provide citations to subsequent cases (annotating cases) in which the original case (annotated case) has been followed, distinguished, overruled, referred, etc. Singapore Law Reports (Reissue): Table of Cases Referred to: 1965 to 2009 Contains listings of annotated cases referred to in cases reported in the Singapore Law Reports (Reissue). Includes significant English, Australian and Indian cases. Ref: K7599 SLR Mallal’s Digest: Case Citator 1932 to 2013 Contains listings of annotated cases referred to in cases reported in the Singapore Law Reports and Malayan Law Journal. Includes references to annotated cases that go as far back as the 1800s. Ref: K Md 2014 29

30 Singapore Case Law Case Citators
E.g. Noting up Kwang Boon Keong Peter v PP using Mallal’s Digest: Case Citator 1932 to 2014 Annotating cases Annotated case Treatment of annotated case 30

31 Singapore Case Law Commentaries
These publications contain comments and analyses of cases. They serve as good starting points for legal research: Halsbury’s Laws of Singapore Ref: KE5011 Hal Online: via Lexis Singapore Singapore Academy of Law Annual Review of Singapore Cases Ref: KE5003 SALAR Online: via HeinOnline 31

32 Singapore Case Law Online Databases Online Full Text Databases
You may also use electronic databases to search for cases by citation, 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 Singapore contains Singapore cases reported in the Malayan Law Journal from 1931 to Access: NUS Libraries E-Resources 32

33 Online Databases – Noting Up
Singapore Case Law Online Databases – Noting Up E.g. Noting up Sunny Ang v Public Prosecutor on LawNet Upon retrieving the case, you will see the words "following", "distinguishing", "referring", etc. just above the case name. Click on the words in bold to the see the list of annotating cases under each section. Alternatively, refer to “Cases Referring To This Case” on the left column of the page. Click “more” to see complete judicial history 33

34 United Kingdom

35 UK Case Law Modern Law 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. 35

36 UK Case Law Modern Law Reports The Law Reports (1865- ) (contd.) Title
The 4 current series of the Law Reports are: Title Reports Decisions of Ref Appeal Cases (AC) Supreme Court, Privy Council, Court of Justice of the European Communities & House of Lords 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 36

37 UK Case Law Modern Law Reports
2. The Weekly Law Reports (WLR) (1953- ) Timely, full text reports. Ref: K2020 WNR Online: ICLR 3. All England Law Reports (All ER) (1936- ) Timely, full text reports; contains editorial notes. Ref: K2020 AELR Online: Lexis Library 4. Specialist series Contain a selection of cases in a discrete practice area. e.g. Lloyds Law Reports (maritime and commercial law) Ref: K2020 LLLR Online: i-law (registration required) 37

38 UK Case Law Modern Law Reports 5. Newspapers Brief, edited reports.
e.g. The Times Law Reports Ref: K2020 TR/ K2020 TLR Online: ICLR 6. Unreported Judgments These are not available in print in the Law Library, but a selection are available online. Online: Lexis Singapore via NUS Libraries E-Resources BAILLI (free access) 38

39 UK Case Law Nominate Law 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 ( ) Most comprehensive compilation. 176 volumes of cases & 2 index vols. Ref: K2020 ER Online: Hein Online CommonLII (free access) 2. The All England Law Reports Reprint ( ) Criterion for inclusion: present day relevance or value to the legal profession. Ref: K2020 AE/ K2020 AEE (extension volumes) Online: Lexis Library 39

40 Order of Preference (From Highest to Lowest)
UK Case Law Case Citation The citation of cases follow the same general format as Singapore. However, an important case may be reported by multiple law reporters. E.g. Donoghue (or M’Alister) v Stevenson [1932] AC 562; 101 LIPC 119; 48 TLR 494; 37 Com Cas 350; 1932 SC (HL) 31 Therefore, there is a specific citation preference order as between the law reports. Under the Supreme Court Practice Directions (2007) part VIII s 74(6), citation of UK judgments should follow the order of preference below: Jurisdiction Order of Preference (From Highest to Lowest) England & Wales 1. Law Reports published by the Incorporated Council of Law Reporting (e.g. Queen's Bench (QB), Appeal Cases (AC), Chancery (Ch), Family (Fam), Probate (P) 2. Weekly Law Reports (WLR) 3. All England Law Reports (All ER) 40

41 UK Case Law Comparative Citation
One way to find alternative citations for UK cases is to refer to The Digest. (Ref: K2028 EED) This is a multi-volume set containing summaries of UK cases. The set is accompanied by the Consolidated Table of Cases, an index of all cases referred to in The Digest. Step One: Refer to the relevant volume of the Consolidated Table of Cases There are 3 index volumes (A-G; H-P; Q-Z). Search for the case in the relevant index volume by alphabet. The volume of The Digest that contains the case can be found next to the case name. Example: Donoghue v Stevenson E.g. (D)onoghue v Stevenson: Refer to volume “A-G” of the Consolidated Table of Cases. 41

42 UK Case Law Comparative Citation Example: Donoghue v Stevenson
Step One: Refer to the relevant volume of the Consolidated Table of Cases (cont’d) Search for Donoghue v Stevenson in the alphabetical list of the index. The table shows that the case summary can be found in Volume 35(3) on “Negligence”. 42 The Digest: Index Volume “A-G”

43 UK Case Law Comparative Citation Example: Donoghue v Stevenson
Step Two: Search the “Table of Cases” in Volume 35(3) for the paragraph number of the case. The paragraph number in Volume 35(3) where the case summary can be found is indicated next to the case name. The Digest: Volume 35(3) on “Negligence” Refer to para 1851 in Vol 35(3) 43

44 UK Case Law Comparative Citation Example: Donoghue v Stevenson
Step Three: Refer to the relevant paragraph number and locate the alternative citations below. Refer to paragraph 1851 The paragraph provides a summary of the case followed by its citations. Citations for Donoghue v Stevenson 44 The Digest: Volume 35(3) on “Negligence”

45 UK Case Law Research Tools i. Indexes to legal abbreviations
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. Case citators v. Commentaries vi. Online full text databases I would like to locate a case and I have a complete citation. Use: Index to Legal Abbreviations / Online I would like to locate a case and I have an incomplete citation. Use: Index to Law Reports / Index with Abstracts of Cases / Online I would like to note up the case to ensure that it is still good law. Use: Case Citators / Online I want a general overview of an area of law / find cases of a particular subject matter. Use: Commentaries / Index to Law Reports / Index with Abstracts of Cases 45

46 Index to Legal Abbreviations
UK Case Law Index to Legal Abbreviations Step One: Identify the Law Report To locate a case where the citation is known, the law report must be identified based on its legal abbreviation by consulting an index to legal abbreviations: Cardiff Index to Legal Abbreviations Online: “Table of Abbreviations” in the first volume for the year in the Current Law Yearbook Ref: KB3 CLY Index to Legal Citations & Abbreviations (by Donald Raistrick, 4th ed., 2013) Ref: KB280 Rai 2013 “Law Reports and Journals and Their Abbreviations” in Osborn’s Concise Law Dictionary Ref: KB12 Osb 2013 46

47 Index to Legal Abbreviations
UK Case Law Index to Legal Abbreviations E.g. Use Cardiff Index to Legal Abbreviations Step Two: Locate a Physical Copy To find out if a print copy is available, search the library catalogue LINC ( 47

48 UK Case Law Index to Law Reports Law Report Index The Law Reports
(1865-) The Law Reports Index (or Consolidated Index to Leading Law Reports) (1951-) (Ref: K2022 I) 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. All England Law Reports (1936-) All England Law Reports: Consolidated Tables and Index ( ) (Ref: K2020 AELR) Contains a “Table of Cases Reported and Considered” and a “Subject Index”. The English Reports ( ) Index of Cases (Vol. 177 & 178) (Ref: K2020 ER) This is an alphabetical listing of cases. Useful when parties’ names are known. English Reports Wall Chart (Location: On wall opposite Law Library Information Desk) Useful when you only have the citation to the case, but not the names of the parties (e.g. 1 Keb. 434). 48

49 Volume of relevant English Report
UK Case Law Searching by Alphabet Searching The English Reports: Index of Cases (vols. 177 & 178) e.g. Alexander v Comber. Step One: Identify the relevant volume of the Index of Cases based on the first alphabet of the parties’ names. (A)lexander v Comber is found in Vol 177 (A-K) Step Two: Search the case name and identify the relevant volume and page number. Case name Volume of relevant English Report Page where case starts Required case 49 Volume 126 of English Reports

50 Volume no. of relevant Report
UK Case Law Searching by Citation Searching The English Reports Wall Chart e.g. 5 Co. Rep. 24 Search the nominate report abbreviation by alphabet and identify the relevant volume of the English Report. Vol. 77 of English Reports Search for 5 Co. Rep. 24. Nominate report abbreviation, e.g. Co. Rep. Volume no. of relevant Report Broughton’s Case is the first case that starts on this page 50

51 Index with Abstracts of Cases
UK Case Law Index with Abstracts of Cases 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. The Digest Ref: K2028 EED 51

52 Index with Abstracts of Cases
UK Case Law Index with Abstracts of Cases 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. 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. Current Law Yearbook Ref: KB3 CLY Current Law Monthly Digest Ref: KB3 CL 52

53 UK Case Law Case Citators (Print)
As aforementioned, case citators are helpful in confirming if the case is still “good law”. You can do this by checking the subsequent judicial history of the case. This is referred to as “noting up”. These case citators provide citations to subsequent cases (annotating cases) in which the original case (annotated case) has been followed, distinguished, overruled, referred, etc. Print: Current Law Case Citator (1947-) For noting up UK and selected EU cases. Published in several volumes, i.e , , , etc. Ref: KB3 CLC 53

54 Case Citators (Online)
UK Case Law Case Citators (Online) 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 E.g. Noting-up Hedley Byrne v Heller using JustCite. Step One: On the homepage, select “Advanced search” for more search options. Step Two: Key in the Parties’ names or case citation. 54

55 Case Citators (Online)
UK Case Law Case Citators (Online) Step Three: Select the “Overview & Citations” tab. You may view the Annotating cases under “Key Subsequent Treatments” and the cases considered by the Annotated case under “Key Cases Considered”. E.g. Noting-up Hedley Byrne v Heller using JustCite. 55

56 Halsbury’s Laws of England
UK Case Law 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 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. 5th ed. of Halsbury’s Laws of England Ref: KB11 Hal 56

57 UK Case Law Online Databases Online Full Text Databases Database
Access Link BAILLI (Free Resource) Justis NUS Libraries E-Resources Lexis Library Lexis Singapore WestLaw (Law Faculty only) Faculty of Law Resources ICLR (covers the Law Reports, TLR & WLR) HeinOnline (English Reports only) 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. 57

58 UK Case Law Online Databases Searching for cases in Online Databases
E.g. Using BAILII Free resources from other jurisdictions E.g. AustLII CanLII HKLII 58

59 UK Case Law Online Databases Using BAILII http://www.bailii.org/
e.g. Barnett & Ors v Nigel Hall Menswear Ltd 59

60 UK Case Law Older Cases (Online) Searching Older Cases (Online)
As an alternative to finding older cases in print, you may wish to use the online database CommonLII, which has access to older UK case law. PDF versions are available. E.g. Searching by Case Name: Alexander v Comber Searching by Citation: 5 Co Rep 24 60

61 Australia

62 Australian Case Law Law Reports (Federal) Law Reporter Print Online
Notes Commonwealth Law Reports (CLR) (1903-) K9011 CLR WestLaw Authorised report for decisions of the High Court of Australia. Federal Court Reports (FCR) (1984-) K9011 FCR Authorised report for decisions of the Federal Court of Australia. Federal Law Reports (FLR) (1956-) K9011 FLR Reports decisions of courts of Federal jurisdiction, except High Court. Australian Law Journal Reports (ALJR) (1958-) K9011 ALJR N/A 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. Australian Law Reports (ALR) (1973-) K9011 ALR Lexis Nexis AU 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). 62

63 Australian Case Law Law Reports (State)
Authorised Reports from the States and Territories Law Reporter Print Online Notes New South Wales Law Reports (NSWLR) (1971-) K9051 NSR Lexis Nexis AU Continues State Reports New South Wales ( ) Northern Territory Law Reports (NTLR) (1992-) K9011 NTLR N/A Reports decisions of the Supreme Court of the Northern Territory. Queensland Reports (Qd R) (1958-) K9091 SRQ Continues State Reports Queensland ( ) South Australian State Reports (SASR) (1971-) K9111 SRSA WestLaw Continues State Reports South Australia ( ) Tasmanian Reports (Tas R) (1981-) K9131 TSC Continues Tasmanian State Reports ( ) Victorian Reports (VR) (1957-) K9151 VR Continues Victorian Law Reports ( ) Western Australian Reports (WAR) (1960-) K9171 WAR Continues Western Australian Law Reports ( ) 63

64 Other Sources of Case Law
Australian Case Law Other Sources of Case Law 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 E-Resources AustLII at 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 Entries are based on a mixture of newspaper and manuscript accounts of court records. Online: Colonial Case Law at 64

65 Order of Preference (From Highest to Lowest)
Australian Case Law Case Citation The citation of cases follow the same general format as Singapore. However, there is a specific citation preference order as between the law reports. Under the Supreme Court Practice Directions (2007) part VIII s 74(6), citation of Australian judgments should follow the order of preference below: Jurisdiction Order of Preference (From Highest to Lowest) Australia 1. Commonwealth Law Reports (CLR) 2. Australian Law Reports (ALR) 65

66 Australian Case Law Research Tools
There are 5 categories of tools to help find and research case law: i. Indexes to legal abbreviations ii. Indexes with abstracts of cases iii. Case citators iv. Commentaries v. Online full text databases I would like to locate a case and I have a complete citation. Use: Index to Legal Abbreviations / Online I would like to locate a case and I have an incomplete citation. Use: Index with Abstracts of Cases / Online I would like to note up the case to ensure that it is still good law. Use: Case Citators / Online I want a general overview of an area of law / find cases of a particular subject matter. Use: Commentaries / Index with Abstracts of Cases 66

67 Index to Legal Abbreviations
Australian Case Law Index to Legal Abbreviations Step One: Identify the Law Report To locate a case where the citation is known, the law report must be identified based on its legal abbreviation by consulting an index to legal abbreviations: Indexes for Australian law reports include: Legal Abbreviations Published by the Monash University Law Library. Online: “Abbreviations” in Australian Case Citator Refer to the latest volume of the Citator for the most comprehensive listing of abbreviations. Ref: K9012 ACC Index to Legal Citations & Abbreviations By Donald Raistrick, 4th ed., 2013 Ref: KB280 Rai 2013 E.g. Searching for “UNSWLJ” On Index to Legal Citations & Abbreviations 67

68 Index to Legal Abbreviations
Australian Case Law Index to Legal Abbreviations Step Two: Locate a Physical Copy To find out if a print copy is available, search the library catalogue LINC ( Select the “LINC” tab 2. Enter title and click on search button 3. Determine the availability and location 68

69 Index with Abstracts of Cases
Australian Case Law Index with Abstracts of Cases Case digests, such as the Australian Digest, typically include the case name, citation, historical notes referring to related proceedings, and references to articles discussing the case. The indexes in these digests are useful in searching for cases and further reference materials. The Australian Digest Consult the “Table of Cases” in the Consolidated Index and Tables. Ref: K9011 AD3 Australian Current Law Reporter Consult the “Cumulative Table of Cases” in the Consolidated Tables and Indexes. Ref: KB3 ACLR Online: LexisNexis AU via NUS Libraries E-Resources 69

70 Australian Case Law Case Citators (Print)
As aforementioned, case citators are helpful in confirming if the case is still “good law”. You can do this by checking the subsequent judicial history of the case. This is referred to as “noting up”. These case citators provide citations to subsequent cases (annotating cases) in which the original case (annotated case) has been followed, distinguished, overruled, referred, etc. Print: 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. Ref: K9012 ACC 70

71 Case Citators (Online)
Australian Case Law Case Citators (Online) Online: CaseBase Access: LexisNexis AU via NUS Libraries E-Resources CaseBase is a comprehensive case citator and annotator containing over 300,000 case entries covering more than 60 Australian and overseas report series and the unreported decisions of the High Court, the Federal Court and the Supreme Courts of all Australian States and Territories and the NSW Land and Environment Court. CaseBase's catchwords and digests allow searching for recent decisions and articles on a particular area of law, and for judicial consideration of legislation and words and phrases. E.g. Noting-up Mabo v Queensland (No.2) using CaseBase. View Annotating Cases by clicking on “Cases referring to this case” 71

72 Halsbury’s Laws of Australia
Australian Case Law Commentaries These publications contain comments and analyses of cases. They serve as good starting points for legal research: Halsbury’s Laws Of Australia The print set is not updated. Use the online resource for current information. Ref: KB11 Hla Online: LexisNexis AU via NUS Libraries E-Resources Laws of Australia Kept up-to-date by looseleaf supplements. Ref: KB11 Laa Halsbury’s Laws of Australia Ref: KB11 Hla 72

73 Australian Case Law Online Databases Online Full Text Databases
Access Link AustLII (Free Resource) LexisNexis AU NUS Libraries E-Resources WestLaw (Law Faculty only) Faculty of Law Resources Indexes and Abstracts Database Access Link LexisNexis AU NUS Libraries E-Resources 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. 73

74 Australian Case Law Online Databases
Using special research tools available on Online Databases LawCite is a citator on AustLII and similar databases which indexes cases and pulls up cases referring to the original case, as well as journal articles and legislation. E.g. Searching Mabo v Queensland (No.2) (1992) 175 CLR 1 Step One: On the homepage, select “LawCite” under the Special Features & Tools Tab. Step Two: Key in the Parties’ names or case citation. 74

75 Australian Case Law Online Databases
E.g. Searching Mabo v Queensland (No.2) (1992) 175 CLR 1 Step Three: View cases, legislation and journal articles citing the case in the tabs at the top. Step Four: View the full text of these cases and their LawCite index under the “Full Text” and “Citation Index” tabs. 75

76 Further References

77 Case Analysis and Statutory Interpretation (2nd Ed.)
Further References Singapore For more reference materials on researching Singapore, UK and Australia case law: Singapore For a more detailed account, refer to the PowerPoint tutorial entitled “ Singapore Case Law” at Robert C. Beckman, Brady S. Coleman & Joel Lee, Case Analysis and Statutory Interpretation, 2nd ed. (Singapore: Faculty of Law, National University of Singapore, 2001). Case Analysis and Statutory Interpretation (2nd Ed.) Ref: KE5280 Bec 77

78 Further References UK and Australia UK Australia
For more reference materials on researching Singapore, UK and Australia case law: UK Peter Clinch, Using a Law Library: a Student’s Guide to Legal Research Skills, 2nd ed. (London: Blackstone Press, 2001). Ref: KB280 Cli Australia Robert Watt & Francis Johns, Concise Legal Research, 6th ed. (Sydney: Federation Press, 2009). Ref: KB280 Wat 2009 78

79 The End You have reached the end of this tutorial. If you have any queries, please or speak to a librarian at the Information Desk: If you have any feedback, please send your to: Updated May 2016 © C J Koh Law Library


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