1. Singapore, UK and Australia
NOTING-UP
Singapore, UK and Australia
Content by Lee Su-Lin Updated 10 May 2018
© 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.

3. INTRODUCTION
This tutorial was specifically designed for 1st year students taking the LAWR course in AYs
The purpose of the tutorial was to teach students the importance of noting-up cases, and introduce them to major research tools used for this purpose, with particular emphasis on print resources.

4. CONTENTS What is noting-up? p.5 Singapore p.9 UK p.14 Australia p.24
a. Definition
b. Tools
c. Terminology/Abbreviations
Singapore p.9
a. Print Sources
b. Electronic Sources
UK p.14
Australia p.24
International p.33
a. Electronic Sources

5. What is Noting-Up? A. Definition
Having located a case relevant to your research, it is then essential to confirm that the case is still “good law”. This process is referred to as “noting up”.
You will need to:
1. check that the case has not been reversed on appeal or subsequently overruled by a superior court;
2. determine whether, and in what manner, the case was considered in subsequent decisions.

6. What is Noting-Up? B. Tools Used
i. Case citator
This is a publication which provides the judicial history and judicial treatment of case law.
ii. Table of cases judicially considered/referred to
A section called "Table of Cases Judicially Considered” or the like can be found in the indexes of most print reporters. This is an alphabetical list of the cases published in the reporter that have judicial histories.

7. What is Noting-Up? C. Terminology and Abbreviations
Several terms are associated with noting-up. A complete list of these terms and their corresponding abbreviations and definitions are usually found within the first few pages of law reports and case citators.
On the following page is a sample of noting-up terminology, their abbreviations and definitions. Take note that abbreviations may vary slightly from jurisdiction to jurisdiction.

8. What is Noting-Up? C. Terminology and Abbreviations
Definition
Applied
Appl
Used where the principles of law in the annotated case have been applied to a new set of facts and circumstances
Followed
Foll/Folld
Used to denote that the principle of law established in the annotated case has been applied in the annotating case
Not followed
Not foll/
Not folld
Used where the court in the annotating case has refused to follow the annotated case although potentially relevant. Implies that annotated case is wrong
Distinguished
Dist/Distd
Used where the annotated case is not applied in the annotating case due to some distinction in the facts or in the law
Overruled
Overd/ Overld
Used where a higher court has held the annotated case to be wrong

9. Singapore A. Print Sources
To note-up a Singapore case, refer to:
I. Mallal’s Digest: Case Citator 1932 to 2015
This includes a selection of lower court decisions. Coverage begins from 1932.
Print: K Mdc 2016
II. The Singapore Law Reports (Reissue): Table of Cases Referred to: 1965 to 2009
This table only covers cases published in the Singapore Law Reports from 1965 to 2009.
Refer to the “Table of Cases Referred to” in the subsequent, individual volumes of the Singapore Law Reports for cases reported after 2009.
Print: K7599 SLR

10. Singapore A. Print Sources
I. Mallal’s Digest: Case Citator 1932 to 2015 (Vol. A-L)
Annotated case
Case treatment and annotating cases

11. Singapore A. Print Sources
II. Singapore Law Reports (Reissue): Table of Cases Referred to: 1965 to 2009 (Vol. A-L)
Annotated case
Case treatment and
annotating cases

12. Singapore B. Electronic Sources
To note-up a case online, use LawNet.
Access: NUS Faculty of Law; Other NUS staff & students
First, search for the case you wish to note-up, e.g. Sunny Ang v Public Prosecutor.
Enter name of case
Select sources

13. Singapore B. Electronic Sources
You will see the words Following, Referring, Distinguishing, etc. just above the case name. Click on the words to the see the listing of cases under each section.
Alternatively, click on View All under Case References: Referring in the left column.

14. UK A. Print Sources To note-up a UK case, refer to:
I. Current Law Case Citator
Use this to note-up UK and selected EU cases. It is published in several volumes covering different years: , , , etc. It is updated by the Current Law Monthly Digest.
Print: Case Citator KB3 CLC
Monthly Digest KB3 CL
II. The Digest
At the conclusion of each digested case, annotating cases are listed, where available. This set of digests is updated by the annual Cumulative Supplement.
Print: K2028 EED

15. E.g. Current Law Case Citator, Monthly Digest and Year Book
UK A. Print Sources
E.g. Current Law Case Citator, Monthly Digest and Year Book

16. UK A. Print Sources
E.g. Using Current Law to Note-up Hedley Byrne v Heller
Step 1. Search the Current Law Case Citator (Ref: KB3 CLC)
Look for the case in the latest volume of the Case Citator first.
If you cannot find the case there, work backwards through the earlier volumes in reverse chronological order until you locate the case. That volume will contain the complete judicial history of the case up to that point in time.

17. UK A. Print Sources
E.g. Using Current Law to Note-up Hedley Byrne v Heller
The 2016 Case Citator contains the judicial history of the case.
References to the years of the Current Law Yearbook (Ref: KB3 CLY) and the corresponding paragraph numbers where the annotating cases can be found

18. UK A. Print Sources
E.g. Using Current Law to Note-up Hedley Byrne v Heller
Step 2. To update your results, search the “Cumulative Table of Cases” in the Current Law Monthly Digest (Ref: KB3 CL)
Start with the most recent issue for the current year and work backwards until you locate the issue that contains references to the case. This list will be cumulative for the current year.

19. UK A. Print Sources
E.g. Using Current Law to Note-up Hedley Byrne v Heller
The Cumulative Table provides the month/s of the CLMD (in that same year) and corresponding paragraph number/s in which the digest/s of the annotating case can be found.
There is no reference to Hedley Byrne v Heller in the Dec 2017 issue nor Mar 2018 issue (this PPT was revised on 10 May 2018)

20. UK B. Electronic Sources
To note-up a case online, use 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 links to full text documents where available.

21. UK B. Electronic Sources
E.g. Noting-up Hedley Byrne v Heller using JustCite
On homepage, select “Advanced search” for more search options.

22. UK B. Electronic Sources
E.g. Noting-up Hedley Byrne v Heller using JustCite

23. UK B. Electronic Sources
E.g. Noting-up Hedley Byrne v Heller using JustCite

24. Australia A. Print Sources
To note-up an Australian case, refer to:
I. Australian Case Citator
This is published in several volumes: , , … , The 2018 issues are published in loose-leaf format.
Unlike the UK Current Law Case Citator, the latest volume does not contain the most comprehensive information. Rather, it only contains annotating cases for the period stated. You will therefore need to search all volumes of the Case Citator after the date of the case to compile a complete list of annotating cases.
Since 1981, important English cases have also been added to the citator.

25. Australia A. Print Sources
Australian Case Citator
Print: K9012 ACC

26. Australia A. Print Sources
E.g. Noting up Hedley Byrne v Heller using ACC
A reference to Hedley Byrne can be found in the volume.
There are currently no 2018 loose-leaf issues.

27. Australia A. Print Sources
E.g. Noting up Hedley Byrne v Heller using ACC
Case references can also be found in the earlier and volumes.
Continue to search backwards to get the full list of cases since 1964.
ACC
ACC

28. Australia A. Print Sources
You may also refer to:
II. Australian Current Law Reporter: Consolidated Tables and Index
This is published in several volumes: , , , , , and Search the “Table of Cases Judicially Considered” in all volumes after the date of the annotated case.
Print: KB3 ACLR

29. Australia B. Electronic Sources
To note-up a case online, use CaseBase (in LexisNexis AU)
Access: NUS Libraries E-Resources
Comprehensive case citator and annotator covering more than 60 Australian and overseas report series and the unreported decisions of the High Court, the Federal Court, the Supreme Courts of all Australian States and Territories.
Case entries include parallel citations, cases that have subsequently considered the annotated case, cases considered in the annotated case, articles considering the annotated case, and a link to the full text of the decision or articles cited where available.

30. Australia B. Electronic Sources
E.g. Noting-up Hedley Byrne using CaseBase
Select CaseBase
Enter case name
e.g. Hedley Byrne
Click on Find button

31. Australia B. Electronic Sources
E.g. Noting-up Hedley Byrne using CaseBase
Select relevant case, e.g. House of Lords decision

32. Australia B. Electronic Sources
E.g. Noting-up Hedley Byrne using CaseBase
Annotations
Annotating cases
Click on citation for full text of annotating case

33. International Electronic Sources
LawCite:
Free, automatically generated international legal case citator developed by AustLII.
The drawback of this database is that case treatment is not indicated.
Enter partial or full name of annotated case

34. International Electronic Sources
LawCite:
Select relevant decision e.g. House of Lords

35. International Electronic Sources
LawCite:
List of annotating cases
Click on citation for full text of annotating case

36. The End If you have any queries, email cjkohlib@nus.edu.sg or
speak to a librarian at the C J Koh Law Library Information Desk:
For feedback on this tutorial, send an to
Content by: Lee Su-Lin Updated 10 May 2018
© C J Koh Law Library