Friday, June 24, 2022

The interim law librarian: Part 2 - primary sources (cases)

I am, as related in a previous post, looking after law for the time being.   

So, primary sources.    As opposed to secondary sources (for which there is a separate post).

You don't always need to make a bibliography - so, checking your institution's guidance for referencing seems very wise!   But if you do make one, you list primary sources (in a "table of authorities") separately from secondary sources.     

And the table of authorities is divided into sections by material type.

Primary sources are case law, and legislation.   

I was going to write this post about all the sorts of primary source, but there is enough to observe about cases!

These are the authoritative sources and the ability to find them is paramount.    Cases are reported in law reports.  There are many series of law reports, some of which are seen as more authoritative than others.  And some cases don't get reported at all - only the ones that seem (to the people compiling the law reports, I assume), legally significant.

A case may be reported in more than one law report.   So, one case may have more than one citation.   Since 2001 there have been "neutral citations", which refer to the court and not the law report series.   

A case in point (sorry) is one mentioned in a law report in the Times on Monday 20th June.   Cited there as [2022] UKSC 16, searching for it in Westlaw Edge finds it, but also shows the citation  [2022] 6 WLUK 111, and also shows it was reported in the Times on June 20th 2022.

In OSCOLA, you would give the neutral citation first, then the law report citation, using the hierarchy of law reports to decide which law report citation to include.   

Then, there is legislation, so Bills, Acts, statutory instruments...   I think those need a separate post.

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