1. By: Lee Su-Lin © C J Koh Law Library 2004-2015 Researching Singapore Case Law

2. 2 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.author No copyright is claimed in the text of statutes, regulations and court decisions quoted within this work. © C J Koh Law Library 2004-15

3. 3 Introduction This tutorial was originally designed in 2004 for first year law students on the LAWR programme (now called LARC). Hence, it focuses on researching “modern” Singapore cases and the use of print resources for research as requested by the Course Director then.

4. 4 1. Primary sources of Singapore law p.5 p.5 2. Case law p.6 p.6 3. The case citation p.13 p.13 4. Research tools p.18 p.18 5. How do I find a case a. if I have a citation? p.19 p.19 b. if I don’t have a complete citation? p.23 p.23 c. on a particular subject? p.27 p.27 d. that cites a particular statute? p.33 p.33 e. online? p.35 p.35 6. Noting up p.39 p.39 7. Understanding case law p.45 p.45 Content s

5. 5 1.Legislation 2. Case Law Decisions of the Singapore courts. Primary sources of law are authoritative records of law made by the law-making bodies of Singapore: Primary Sources of Singapore Law Statutes of the Republic of Singapore Ref: K7399 (year)  Statutes  Subsidiary legislation

6. Case Law 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. Ref: K7599 SLR (1965-1991); K7599 SLR (1992-)K7599 SLR Online: LawNet (NUS Faculty of Law; Other NUS staff & students)NUS Faculty of LawOther NUS staff & students Singapore Law Reports 6

7. 7 Case Law Singapore Law Reports (Reissue) Ref: K7599 SLRK7599 SLR Online: LawNet (NUS Faculty of Law; Other NUS staff & students)NUS Faculty of LawOther NUS staff & students 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.

8. 8 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 MLJK7599 MLJ Online: 1) LawNet (NUS Faculty of Law; Other NUS staff & students) 2) Lexis SingaporeNUS Faculty of LawOther NUS staff & studentsLexis Singapore

9. 9 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 2010. It also includes grounds of decisions for appeals heard by the Appeal Board from the decision of the Registrar of Muslim Marriages. Ref: K7599 SSCK7599 SSC

10. 10 Case Law Older Law Reports Series 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 2013 Reissue under the section entitled “Reports and Publications and Their Abbreviations” (Ref: K7599.3 Md) Here is a reverse chronological list of major law reports through the years: Major Law Reports of Singapore – A Reverse Chronological List TitleAbbreviationPublication DateLocation Singapore Law ReportsSLR1965-Print: K7599 SLR; K7599 SLRK7599 SLR Online: LawNet (Faculty of Law) (Other NUS staff & students)Faculty of LawOther NUS staff & students Singapore Law Reports (Reissue) SLR(R)1965-2009Print: K7599 SLR Online: LawNet (Faculty of Law) (Other NUS staff & students)K7599 SLRFaculty of LawOther NUS staff & students Malayan Law JournalMLJ1932-1991Print: K7599 MLJK7599 MLJ Online: LawNet (Faculty of Law) (Other NUS staff & students)Faculty of LawOther NUS staff & students Online: Lexis SingaporeLexis Singapore Straits Settlements Law Reports SSLR1927-1950 (new series) 1893-1931 (old series) Print: K7596 SSLRK7596 SSLR Print: K7596 SSLRK7596 SSLR Federated Malay States Law Reports FMSLR1922-1941 (covers 1906-1941) Print: K7600 FMSLRK7600 FMSLR Kyshe’s ReportsKy1808-1890 (covers 1786-1890) Print: K7596 KyK7596 Ky Straits Law ReportsSLR Leic1877 (covers 1827-1875) Print: K7596 SLRK7596 SLR

11. 11 Case Law Other Sources of Case Law  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. 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) [LawNet access: NUS Faculty of Law; Other NUS staff & students]NUS Faculty of LawOther NUS staff & students

12. 12 Case Law Other Sources of Case Law  Decisions of Boards/Tribunals Decisions include those of the  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. [LawNet access: NUS Faculty of Law; Other NUS staff & students ]NUS Faculty of LawOther NUS staff & students

13. 13 The Case Citation What is a Case Citation? 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. Example Anwar Siraj and Another v Ting Kang Chung John [2010] 1 SLR 1026

14. The Case Citation Neutral Citation The neutral citation system is defined in s.74(8) of the Supreme Court Practice Directions as follows: Supreme Court Practice Directions “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.53(1) of the State Courts Practice Directions (2006 Ed.)State Courts Practice Directions 14

15. The Case Citation  names of the parties to the case Example 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]SGHC54,  year of the decision  jurisdiction/level of court  sequential number The neutral citation includes  paragraph number(s) [1] 15 Neutral Citation

16. 16 The Case Citation Citation Practice According to s74(6) of the Supreme Court Practice Directions, counsel who cite a judgment must use the official series of the law report(s) or, if this is not available, any other law report series in which the judgment was published.Supreme Court Practice Directions Local law reports are to be cited in order of preference as follows ( refer to s74(6) for more details ):s74(6) 1. Singapore Law Reports (2010-) 2. Singapore Law Reports Reissue 3. Singapore Law Reports (1965-2009) 4. Malayan Law Journal. Also note: Cases reported in the Singapore Law Reports shall be cited using their Singapore Law Reports citations, in priority to their neutral citations (s74(8)).s74(8)

17. The Case Citation Comparative Citations 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 2009. (Ref: K7599 SLR)K7599 SLR original SLR citation Corresponding SLR(R) citation 17

18. 18 Research Tools For a listing of materials used for researching cases, refer to Legal Research Tools. Legal Research Tools Halsbury’s Laws of Singapore Ref: KE5011 Hal Online: via Lexis Singaporevia Lexis Singapore Mallal’s Digest Ref: K7599.3 Md

19. 19 How Do I Find A Case … if I Have a Citation? E.g. PP v Tan Kiam Peng [2007] 1 SLR(R) 522 Step 1. Find out what the abbreviation SLR(R) stands for by consulting an index to legal abbreviations. For local law reports, it is recommended that you use the online index 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 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

20. 20 How Do I Find A Case … Step 1 (contd.) A search in Singapore Legal Abbreviations indicates that SLR(R) stands for the Singapore Law Reports (Reissue).Singapore Legal Abbreviations if I Have a Citation? E.g. PP v Tan Kiam Peng [2007] 1 SLR(R) 522

21. 21 How Do I Find A Case … Step 2. To find out if a print copy is available, search the library catalogue LINC (http://libportal.nus.edu.sg)http://libportal.nus.edu.sg 1. Select the “LINC” tab 2. Enter law report title and click on search button if I Have a Citation? E.g. PP v Tan Kiam Peng [2007] 1 SLR(R) 522

22. How Do I Find A Case … Step 3. Determine availability and location of Vol 1 of 2007 of the Singapore Law Reports (Reissue) 22 Step 4. Retrieve Vol 1 of 2007 from the Singapore/Malaysia or Legislation/Reports collection. The case starts on page 522 if I Have a Citation? E.g. PP v Tan Kiam Peng [2007] 1 SLR(R) 522

23. 23 How Do I Find A Case … if I Don’t Have a Complete Citation? If you only have the names of the parties, refer to an index or table of cases or a case citator. These contain alphabetical listings of cases. Search for the case by the name of the plaintiff, appellant or prosecution. As a starting point, for cases that might possibly have been reported in the Singapore Law Reports during the period 1965 to 2009, you can search the 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.

24. 24 How Do I Find A Case … A search in the “Table of Cases Reported” (1965-2009) reveals the full citation: De Cruz Andrea Heidi v. Guangzhou Yuzhitang Health Products Co Ltd and others [2003] 4 SLR(R) 682 E.g. De Cruz Andrea v Guangzhou Health if I Don’t Have a Complete Citation?

25. 25 How Do I Find A Case …  If you are unable to locate the case in the SLR(R) Table, then try searching for the name of the plaintiff, appellant or prosecution in Mallal’s Digest: Consolidated Table of Cases 2013 Reissue (Ref: K7599.3 Md). This index contains an alphabetical table of cases digested in Mallal’s Digest (4 th ed.) from as early as 1808. It includes a selection of unreported judgments. if I Don’t Have a Complete Citation?

26. 26 How Do I Find A Case … For cases not covered in the Consolidated Table, refer to:  Mallal’s Digest [Yearbooks] Ref: K7599.3 MDY Refer to the “Table of Cases” in the latest volumes. Use this for more recent cases.  Mallal’s Current Law Ref: K7599.3 MCL Refer to the “Table of Cases Digested” in each issue. Use this for the current or previous year’s cases. if I Don’t Have a Complete Citation?

27. 27 How Do I Find A Case … on a Particular Subject? E.g. Quantum of damages for head injury Refer to: Mallal’s Digest of Malaysian and Singapore Case Law (4 th Ed.) Ref: K7599.3 Md The volumes in this set are arranged in alphabetical order according to broad subject areas. First, determine the broad subject heading for your area of research. In the above example, it is “damages”. Next, check the range of subjects covered in each volume of the Digest by referring to the front cover. Cases on “Damages (Personal Injury or Death)” are covered in Volume 6 (Currency to Equity).

28. 28 How Do I Find A Case … Check the “Subject Index” in Volume 6 for references to the specific subject area. You will find cases on quantum of damages for “head injury” listed under “DAMAGES (PERSONAL INJURY OR DEATH) – Quantum – Head injuries/injury”. 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. The citations will enable you to locate the full texts of the cases. Note: Remember to determine the currency of the cases in the volume of the Digest volume by checking the title page. For instance, Volume 6 (2014 Reissue) contains cases reported up to the 2013 volume of the Mallal’s Digest Yearbook. on a Particular Subject? E.g. Quantum of damages for head injury

29. How Do I Find A Case … Refer to these paragraphs for cases on damages for head injuries/injury Cases on quantum of damages for personal injuries Subject Index in Volume 6 of Mallal’s Digest (2014 Reissue) 29 on a Particular Subject? E.g. Quantum of damages for head injury

30. 30 How Do I Find A Case … Case citation Paragraph no. Damages awarded on a Particular Subject? E.g. Quantum of damages for head injury

31. 31 How Do I Find A Case … For more recent decisions, you may refer to:  Mallal’s Digest [Yearbooks] Search the “Subject Index” within the latest volumes. Ref: K7599.3 MDY  Mallal’s Current Law Search the “Subject Index” at the back of each issue. Use this for the current or previous year’s cases. Ref: K7599.3 MCL on a Particular Subject? E.g. Quantum of damages for head injury

32. 32 How Do I Find A Case … Alternatively, you may refer to the Singapore Law Reports (Reissue): Subject Index 1965 to 2009 Ref: K7599 SLR (in 2 volumes) However, your search will be limited to decisions reported in the Singapore Law Reports up to 2009 only. For more recent cases, refer to the “Subject Index” in the latest individual volumes of the Singapore Law Reports. on a Particular Subject? E.g. Quantum of damages for head injury

33. 33 How Do I Find A Case … Citing a Particular Statute? To determine if a particular piece of legislation has been referred to in a case, use a legislation citator. This contains a table of legislation considered by the courts. There are 2 legislation citators available:  Singapore Law Reports (Reissue): Table of Legislation Referred to: 1965 to 2009 Ref: K7599 SLR  Mallal’s Digest: Legislation Citator 1932 to 2014 Ref: K7599.3 Md 2014

34. 34 How Do I Find A Case … E.g. Mallal’s Digest: Legislation Citator 1932 to 2014 Search for the relevant section under the Act (e.g. s.46 of Land Titles Act (Cap.157)) Citing a Particular Statute? Cases in which s.46 of the LTA was considered

35. 35 How Do I Find A Case … Online? 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 & studentsNUS Faculty of LawOther NUS staff & students  Lexis Singapore contains Singapore cases reported in the Malayan Law Journal from 1931 to 1991. Access: NUS Libraries E-ResourcesNUS Libraries E-Resources

36. 36 How Do I Find A Case … E.g. Use LawNet for searching for cases by topic: Online? Select Legal Research

37. 37 How Do I Find A Case … 3 search options are available. If you do not have an exact case citation, use “Simple Search” and enter relevant keywords in the search box: Online?

38. 38 How Do I Find A Case … Online?

39. 39 Noting Up 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 (annotating cases) in which the original case (annotated case) has been followed, distinguished, overruled, referred, etc.

40. 40 Noting Up To note up a Singapore case, refer to:  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 2014 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: K7599.3 Md 2014 Using a Case Citator

41. 41 Noting Up E.g. Noting up Kwang Boon Keong Peter v PP using Mallal’s Digest: Case Citator 1932 to 2014 Annotated case Annotating cases Treatment of annotated case Using a Case Citator

42. 42 Noting Up E.g. Noting up Sunny Ang v Public Prosecutor Using LawNet First, search for the case you wish to note-up, e.g. Sunny Ang v Public Prosecutor.

43. 43 Noting Up Using LawNet E.g. Noting up Sunny Ang v Public Prosecutor

44. 44 Noting Up Click here to see complete judicial history 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. Using LawNet E.g. Noting up Sunny Ang v Public Prosecutor

45. 45 Understanding Case Law Halsburys’ Laws of Singapore Ref: KE5011 Hal Online: via Lexis Singaporevia Lexis Singapore 2 publications containing comments and analyses of Singapore cases are: Singapore Academy of Law Annual Review of Singapore Cases Ref: KE5003 SALAR Online: via HeinOnlinevia HeinOnline

46. 46 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 C J Koh Law Library Information Desk: 6516 2043.cjkohlib@nus.edu.sg If you have feedback about this PPT, please send your email to: llbleesl@nus.edu.sg llbleesl@nus.edu.sg Updated 6 May 2015 © C J Koh Law Library 2004-2015