1. Practical Legal Research

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

3. 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

4. Types of PLR question used in SPSs
Focussed
Unfocussed

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

6. 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!

7. 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 = NEW ITEMS EACH DAY

8. 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?

9. 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)

10. 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

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

12. People
Learn to make imaginative use of what sources are available

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

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

15. 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

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

17. 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

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

19. 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.

20. 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

21. 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

22. 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

23. 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!

24. 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

25. 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

26. 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.

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

28. 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

29. 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