UK Legal ResearchUK Legal Research

How to locate UK law generallyHow to locate UK law generally

Start with a secondary sourceStart with a secondary source• Best: Halsbury’s Laws of EnglandBest: Halsbury’s Laws of England

– A legal encyclopedia arranged by topical A legal encyclopedia arranged by topical subject--each topic is subdivided into parts, subject--each topic is subdivided into parts, sections, subsections, and paragraphs with sections, subsections, and paragraphs with appropriate footnote references to cases, appropriate footnote references to cases, statutes, and statutory instrumentsstatutes, and statutory instruments

– In print: KD 310 .H34 (stack 1)In print: KD 310 .H34 (stack 1)– Theoretically on LexisNexis, although not Theoretically on LexisNexis, although not

covered by our subscriptioncovered by our subscription

UK Case law researchUK Case law research Top 5 things to know about UK case Top 5 things to know about UK case

lawlaw• Majority of UK cases are unreportedMajority of UK cases are unreported• No official reporter in the UKNo official reporter in the UK• Neutral Citation now preferredNeutral Citation now preferred• No corollary to our KeyNumber/HeadnotesNo corollary to our KeyNumber/Headnotes

– But you can use a DigestBut you can use a Digest

• No corollary to our KeyCite/Shepard’sNo corollary to our KeyCite/Shepard’s– But you can use JustCite on JustisBut you can use JustCite on Justis

How to find UK casesHow to find UK cases

If you don’t have a citation, use The If you don’t have a citation, use The Digest Digest • In print only: KD296 .E5In print only: KD296 .E5• Works very much like our Digest systemWorks very much like our Digest system

– Use the Index to look up a topicUse the Index to look up a topic– Go to that volume/paragraph for that topicGo to that volume/paragraph for that topic– Read general description and use citations to Read general description and use citations to

primary materials listed therein primary materials listed therein

Noting-upNoting-up This phrase is used by practitioners in This phrase is used by practitioners in

most Commonwealth jurisdictions to most Commonwealth jurisdictions to refer to the process of updating a case refer to the process of updating a case or statuteor statute• It would be synonymous with It would be synonymous with

“Shepardizing” in the US for cases“Shepardizing” in the US for cases• Because we codify our statutes and Because we codify our statutes and

regulations, we do not have a similar tool regulations, we do not have a similar tool for our legislation, although a somewhat for our legislation, although a somewhat like using the Federal Register to update like using the Federal Register to update the CFR to the current daythe CFR to the current day

Example #1Example #1 Can a football club claim copyright infringement Can a football club claim copyright infringement

over a reproduction of a list of matches compiled over a reproduction of a list of matches compiled by the club?by the club?• Since you have no cite or name, use The Digest to Since you have no cite or name, use The Digest to

locate a case on pointlocate a case on point• Use the Index to the Digest to locate an entry on Use the Index to the Digest to locate an entry on

pointpoint• Locate the entry in the main volume and read the Locate the entry in the main volume and read the

case description, citing to the primary source (case) if case description, citing to the primary source (case) if its goodits good

Where to find UK casesWhere to find UK cases If you do have a citation or know the If you do have a citation or know the

names of the parties, trynames of the parties, try• Bailii (http://www.bailii.org/)Bailii (http://www.bailii.org/)

– It’s FREE and COMPREHENSIVE and EASYIt’s FREE and COMPREHENSIVE and EASY

• Justis (subscription database, access through Justis (subscription database, access through our catalog)our catalog)

– coverage: The Law Reports, Weekly Law Reports, coverage: The Law Reports, Weekly Law Reports, Times Law ReportsTimes Law Reports

• LexisNexis: UK Cases, Combined CourtsLexisNexis: UK Cases, Combined Courts– coverage: All England Law Reportscoverage: All England Law Reports

• Westlaw: UK-RPTS-ALLWestlaw: UK-RPTS-ALL– coverage: The Law Reports and other specialized coverage: The Law Reports and other specialized

Sweet and Maxwell reportersSweet and Maxwell reporters

Example #2Example #2

Locate [1998] QB 294. Locate [1998] QB 294. • This is a neutral cite (QB = Queen’s This is a neutral cite (QB = Queen’s

Bench) so we cannot be sure where it will Bench) so we cannot be sure where it will be reported, but the best bet is to first start be reported, but the best bet is to first start with Bailiiwith Bailii

Since you have a cite, go to the guided search box

for case law

Enter the cite EXACTLY how they instruct you to do it—it

should resemble that already

No luck in Bailii, but at least it was free to check. Next try

Lexis/Westlaw/Justis(I’ll demo Justis)

To access Justis, just do a keyword search for it in

FULLPAC and then link into it through our catalog record

Since you have a cite, you can search for it – OR – use the guided search

boxes by clicking “Cases” above to search by other

parameters

“Noter-up” this case by using JustCite, which are essentially all

these tabbed features— “Subsequent Cases” would be the equivalent to

the Shepardize button

16 cases have cited our case—but be sure to check the jurisdiction (note the 2nd and 3rd entries

are not from the UK) and the treatment in the “How Cited” column before using them

UK Statutory ResearchUK Statutory Research Top 4 things to know about UK statutory Top 4 things to know about UK statutory

researchresearch• UK legislation is not codifiedUK legislation is not codified• Because it is not codified, you have to Because it is not codified, you have to

“noter-up” any legislation you find to ensure “noter-up” any legislation you find to ensure currencycurrency

• Subsequent amendments may be made by Subsequent amendments may be made by other Acts or Statutory Instrumentsother Acts or Statutory Instruments

• Acts of Parliament may or may not apply to Acts of Parliament may or may not apply to the whole of the UK—Scotland and Northern the whole of the UK—Scotland and Northern Ireland can make their ownIreland can make their own

How to find UK statutesHow to find UK statutes

Use a Secondary Source (i.e., Use a Secondary Source (i.e., Halsbury’s Laws of England) if you do Halsbury’s Laws of England) if you do not know the title of what you’re looking not know the title of what you’re looking forfor

Use the index or table of contents (if Use the index or table of contents (if one exists) for the statutory database one exists) for the statutory database you are usingyou are using

UK Statutory InstrumentsUK Statutory Instruments

Secondary legislation issued as orders, Secondary legislation issued as orders, rules, and regulations, promulgated by rules, and regulations, promulgated by the Ministers under authority delegated the Ministers under authority delegated to them by Parliamentto them by Parliament• Statutory instruments = US regulationsStatutory instruments = US regulations

Enacted in order to reduce the length Enacted in order to reduce the length and complexity of statutes and increase and complexity of statutes and increase their flexibility—SIs work WITH statutes, their flexibility—SIs work WITH statutes, not separate to themnot separate to them

Where to find UK Statutory Where to find UK Statutory materialmaterial

Statutes and statutory instrumentsStatutes and statutory instruments• Legislation.gov.ukLegislation.gov.uk

– http://www.legislation.gov.uk/http://www.legislation.gov.uk/

• JustisJustis• Lexis: Statutes and Statutory Instruments Lexis: Statutes and Statutory Instruments

of England and Walesof England and Wales• Westlaw: UK-STWestlaw: UK-ST

Example #3Example #3

Locate section 8 of the Local Locate section 8 of the Local Government Act 1992 (c.19). What is the Government Act 1992 (c.19). What is the status of this section (i.e. is it in force, status of this section (i.e. is it in force, has it been repealed or amended, etc.)?has it been repealed or amended, etc.)?• Since you want to be sure of the status, why Since you want to be sure of the status, why

not try the free Statute Law Database first? not try the free Statute Law Database first? It may involve a few more steps than It may involve a few more steps than Lexis/WL but will be much cheaper!Lexis/WL but will be much cheaper!

Plug in whatever information you have—in this

example, we have all the relevant information, so

any combination will work

Always remember, you can browse if you’re not sure of exact title

Jump to the relevant section

Authentic PDF version!

Always check the extent note to see which jurisdictions the section applies to—i.e., this

section only applies to Scotland

Some amendments/changes have not yet been incorporated to this version—you will need

to consult the amending legislation not yet incorporated to read the “current” version of

the law

This section was REPEALED for England and Wales (E.W.) by a

law (c.27) in 1999 (probably in relation to Scotland’s devolution)

**SCROLL DOWN THE PAGE…**

UK Parliamentary PublicationsUK Parliamentary Publications

Similar to US legislative history Similar to US legislative history documentsdocuments

Helps trace the development and Helps trace the development and enactment of legislation before enactment of legislation before ParliamentParliament

Command PapersCommand Papers Command Papers are papers of interest Command Papers are papers of interest

to Parliament on subjects that may be to Parliament on subjects that may be major policy proposals (White Papers) major policy proposals (White Papers) and consultation documents (Green and consultation documents (Green Papers), diplomatic documents such as Papers), diplomatic documents such as treaties, Government responses to treaties, Government responses to Select Committee reports, reports of Select Committee reports, reports of major committees of inquiry or certain major committees of inquiry or certain departmental reports or reviews.departmental reports or reviews.• Similar to a US Congressional Committee Similar to a US Congressional Committee

ReportReport

HansardHansard Common name for the publication of Common name for the publication of

Parliamentary Debates—first printed in Parliamentary Debates—first printed in 1803 by William Hansard, so the name 1803 by William Hansard, so the name stuckstuck• ““Hansard” = Congressional RecordHansard” = Congressional Record

Most parliamentary systems have a Most parliamentary systems have a Hansard, although it may be called Hansard, although it may be called “Official Record of Parliamentary Debate”“Official Record of Parliamentary Debate”• List of Hansards: List of Hansards:

http://en.wikipedia.org/wiki/Hansardhttp://en.wikipedia.org/wiki/Hansard– (yes, I did just send you to Wikipedia)(yes, I did just send you to Wikipedia)

Where to find UK Official DocumentsWhere to find UK Official Documents HansardHansard

• http://www.publications.parliament.uk/pa/http://www.publications.parliament.uk/pa/pahansard.htmpahansard.htm

• Coverage since 1988/89 session for Coverage since 1988/89 session for Parliament, 1994/95 for House of LordsParliament, 1994/95 for House of Lords

Bills currently before ParliamentBills currently before Parliament• http://services.parliament.uk/bills/http://services.parliament.uk/bills/

Command PapersCommand Papers• TSO: http://www.official-documents.gov.ukTSO: http://www.official-documents.gov.uk• Coverage: full since 2005/06, select papers Coverage: full since 2005/06, select papers

for the period 1994-2005for the period 1994-2005

The Northern Ireland Legal SystemThe Northern Ireland Legal System

NI Court System

Court of Appeal• Court of last resort in NI—appeal further

to Supreme Court of the UK High Court

• Three divisions: Queen’s Bench, Family and Chancery

Crown Court• Serious criminal cases

NI LegislationNI Legislation• Legislation can be created by both the

NI Parliament or Westminster (UK)• Judicature (Northern Ireland) Act 1978 c.23

– “Northern Ireland” comes before the “Act”, therefore created by Westminster to apply only to NI

• Interpretation Act (Northern Ireland) 1954 c.33

– “Northern Ireland” comes after the “Act”, therefore made by NI Parliament/Assembly

NI Legislation

Areas in which Westminster has authority• 1. Excepted matters – these are areas in which

Westminster legislates for the whole of the United Kingdom. They include foreign policy, defence, taxation and the Armed Forces and are all listed in the Northern Ireland Act 1998 c.47 Sch.2.

• 2. Reserved matters – these are areas in which Wesminster may devolve the power to legislate to the NIA. At the time of writing, negotiations are ongoing as to whether policing and criminal justice matters should be transferred to the NIA. The complete list of reserved matters is contained in the Northern Ireland Act 1998 c.47 Sch.3.

• 3. Transferred matters – these are functions of Government which are devolved to the NIA and include education, health, environment and agriculture.

If you want to search on NI materials, you can start off by

accessing only NI databases by following this link and then selecting

the relevant database—statutes, case law, etc.

PDF copies of all NI statutes from 2007-on are available

on BAILII—note the position of “Northern Ireland”, signifying the Act was promulgated by the NI

Parliament