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Education & Training> Online Training> Guide to Legal Research> English Law

Guide to Legal Research - English Law


Introduction

Australia's legal traditions have their foundations in English law. It is, therefore, important for a legal researcher to have a knowledge of English legal materials.

Legislation

Parliamentary Debates (Hansard)

House of Commons Parliamentary Debates
Print: S 328.42006/2 1953/54-1980 (Main Library, Level 4)
Print: SQ 328.42006/2 1980/81- (Main Library, Level 4)

House of Lords Parliamentary Debates
Print: SQ 328.42006/1 1950-1979 (Main Library, Level 4)
Print: SQ 328.42006/1 1980/81- (Main Library, Level 4)

The debates of both Houses are also available online via the United Kingdom Parliament website.


Bills and Explanatory Notes

Both Public and Private Members' Bills currently before Parliament can be found on the United Kingdom Parliament website.

Parliamentary Papers (House of Commons)
Historic Bills are available as part of the House of Commons Parliamentary Papers.
Available online
Microfiche: SMFL/1372 1981/82- (Main Library, Level 3)


Acts

Public General Acts and Measures
The print copies are the official versions of English statutes. They contain the text of an Act as when passed by Parliament (similar to Australian sessional Acts). They are arranged in chronological order along with tables and indexes and are published annually by the English government printer, HMSO.
Print: L/KF22/P1 1972-1986, LQ/KF22/P1 1987-
Online versions are available from HMSO Online from 1988 onwards.

Halsbury's Statutes of England
This publication provides Acts as amended and is a good starting point when researching UK Acts. It consists of:

  • Main volumes: comprises 50 bound volumes, divided into broad subject areas. These volumes contain the text of Acts as amended and are reissued when the legislation they contain has been substantially amended. Annotations provide cross-references to related Acts, statutory instruments and relevant case law. It is important to remember that, as legislation is arranged by subject, sections of an Act may be dispersed across several volumes.
  • Current Statutes Service: contains recently issued Acts (in loose-leaf binders) that have not yet been included in the main volumes. Binder A contains alphabetical and chronological lists of the Acts contained in the Current Statutes Service.
  • Cumulative Supplements: issued annually, these volumes are arranged in the same subject categories as the main volumes and explains the effect of recent developments on the legislation in both the main volumes and the Current Statutes Service.
  • The Noter-up Service: a loose-leaf binder which contains any legislative developments that have occurred since the Cumulative Supplement was issued.
  • Is it in Force?: details the commencement dates of all Public General Acts passed in the last 25 years. Published annually and updated by The Noter-up Service.
  • Table of Statutes and General Index: contains alphabetical and chronological lists of all statutory provisions published in the main volumes and binders.
Current Law Statutes
This commercial series contains the text of Acts as when passed, along with annotations describing the legislative history and interpretation of various sections.
Print: L/KF23/C1 1949-

Online Sources
Westlaw provides a number of legislation databases including consolidations of current Acts (United Kingdom Statutes) and a legislation citator (United Kingdom Legislation Locator).

Lexis also has consolidations of current Acts (Statutes of England and Wales).

BAILII (the British and Irish Legal Information Institute) also has sessional Acts from 2000 onward.


Statutory Instruments

"Statutory instrument" is the generic term covering subordinate legislation such as rules, statutory instruments, regulations and orders. The Law Library receives two series that cover statutory instruments (or SIs).

Statutory Instruments
Published by the government printer HMSO, these are regarded as the official text. SIs are arranged in numerical order in yearly volumes and are unamended.
Print: L/KF31/G1 (1972-1986), LQ/KF31/G1 (1987-2000)
HMSOnline also provides online access to UK Statutory Instruments from 1987 onwards.

Halsbury's Statutory Instruments
A companion series to Halsbury's Statutes of England, this title is arranged by subject and provides either the full text or a summary of the instrument. Full text entries include any amendments, as well as annotations. The bound volumes are reissued occasionally.

There are two loose-leaf volumes, the first of which contains a chronological listing of all SIs in this publication. The second includes the monthly updates to the service and the text of recent SIs not included in the bound volumes.
Print: L/KF32/H1

Online Sources
SIs are also available on Lexis, Westlaw and BAILII.

Updating Statutory Instruments
Update using Current Law Year Book then the Current Law Monthly Digest issues. The year book has two Tables of Statutory Instruments, one is an alphabetical listing, the other is a listing by subject.
Similar information can be found in the Current Law Legislation Citator which is part of Current Legal Information.

Finding SIs by Enabling Act
Halsbury's Statutes and Current Law Statutes allow you find SIs under the enabling Act. Halsbury's has annotated Statutes with "orders made under this section". Current Law Statutes provides SI numbers against the Statute's section number.



Case Law

Law Reports

The Law Library holds a substantial collection of English law reports. Search the Law Reports and Abbreviations Database or the Library Resources Database to locate particular titles.

Early Law Reports

Nominate reports
Law reports published before the Council of Law Reporting was founded in 1865, are known as nominate reports. They were named after the reporter, usually members of the legal profession (e.g. Adolphus and Ellis Reports). It is estimated that there were over 300 of these law report series published.

The Law Library holds many of these reports at L/KF54/A3 to L/KF54/Y4. To search for a specific nominate report, use the Law Library's Law Reports and Abbreviations Database.

The English Reports
Most of the nominate reports have since been reprinted in The English Reports, which was published between 1900-1932. As they reprint the nominate reports in their original format, the usual practice when citing a decision from The English Reports is to cite both the nominate report and the relevant volume of The English Reports.

For example:
Saloway v. Strawbridge 1 Kay and Johnson's Vice Chancellors' Reports 371, 69 ER 502.

To find a case from a nominate report in The English Reports, use volumes 177 and 178 which contain the Index of Cases. This will provide the volume and page numbers for both the nominate report and the corresponding pages in The English Reports.

Another way to find which volumes of The English Reports a nominate report appears in, is to use Raistrick's Index to Legal Citations and Abbreviations (LREF/K110/R1/2 and the Information Desk). This publication lists nominate reports by abbreviation and the corresponding volume number in The English Reports.

The English Reports:
Print: L/KF53/E6
Online: Available in Justis


The Law Reports

The establishment of the Incorporated Council of Law Reporting for England and Wales in 1865 saw the publication of the authorised series of law reports for England, The Law Reports. These contain reports of superior court decisions that have been reviewed by the judge before publication. As the authorised law report series for the United Kingdom, references to a case should be to The Law Reports version.

The Law Reports and are divided into four series:

Appeal Cases (AC)
These contain reports of the House of Lords and the Privy Council.
L/KF55/A10 
Chancery Division (Ch)
These contain reports of the Chancery Division as well as appeals from this division to the Court of Appeal.
L/KF55/C5 
Queen's Bench Division (QB)
These reports contain decisions from this division as well as appeals from this division to the Court of Appeal.
L/KF55/C13
Family (Fam)
These include reports from the Family Division, appeals to the Court of Appeal and case heard in the Ecclesiastical Court and Admiralty.
L/KF55/P11 

The Law Reports are also available on Westlaw in the All Law Reports file.

Weekly Law Reports
A related series to The Law Reports, the Weekly Law Reports are also published by the Incorporated Council of Law Reporting. Published in weekly parts so as to provide practitioners with judgments of the superior courts in timely manner, this series consists of three volumes each year. Volumes 2 and 3 contain cases that will be published in The Law Reports and volume 1 contains other cases considered to be noteworthy but not for inclusion in The Law Reports.
Print: L/KF60/W2 1953-


Commercial Series

All England Law Reports
This series is similar in content to the Weekly Law Reports but predates it and is published by a commercial publisher (Butterworths).
Print: L/KF60/A5 1936-
Online: Available via Butterworths Online and Lexis

Specialist Series
There are also many English law report series that are publish decisions on a specific area of the law. Some of these titles are long standing (e.g. Lloyds Reports) but many are relatively recent. They may be located in the Library by using the Law Reports & Abbreviations Database.


Case Law Online

BAILII
BAILII contains fulltext decisions of the various divisions of the High Court (1997+), the Court of Appeal (1996+) in its England and Wales case law section. The United Kingdom case law section contain the decisions of the House of Lords and Privy Council from 1996 onwards, along with various commissions and tribunals.

Lexis
The England and Wales Reported and Unreported Cases database on Lexis contains almost 30 fulltext law report series, as well as selected unreported cases from 1980. Some of the law reports included are The Law Reports, All England Law Reports, Lloyd's Law Reports, Simon's Tax Cases and Butterworths' Company Law Cases.
Go to: Legal (excluding U.S.) > United Kingdom > Case Law > England and Wales Reported and Unreported Cases

Westlaw
The United Kingdom Reports All database on Westlaw contains the fulltext of The Law Reports and a number of specialist law reports. These include Lloyd's Law Reports and the Fleet Street Reports.
Go to: International/Worldwide Materials > United Kingdom (England, Scotland, Wales & N. Ireland) > Cases > United Kingdom Reports All


Finding Cases

Current Law Year Book and Current Law Monthly Digest
These titles digest cases and arrange them by subject titles. The Monthly Digests are superseded by the annual Year Book volumes. They include all reported UK cases from 1947 onwards.
Print: L/KF85/C92 1947-
Online: Cases digested in the Year Books and Monthly Digests from 1986 are available in Current Legal Information as Current Law Cases.

The Digest
This publication provides summaries of cases arranged by subject. It covers all English case law regardless of the date, as well as cases from other jurisdictions (especially Commonwealth countries and the European Union). Digested cases are noted-up to show their subsequent judicial treatment. The Digest is particularly useful for finding cases that predate the Current Law products (1947) and for historical research. It is updated by reissued volumes, an annual cumulative supplement and a "quarterly survey".
Print: L/KF85/E6 (in the UNSW Freehills Law Library, 1st Floor Digest Area)


The Law Reports Index
This consists of several bound volumes covering the period 1951 to 1999, which are also referred to as the "red indexes". They are kept up to date by the "pink indexes". It provides case citations, access by subject, lists of cases, statutes and statutory instruments judicially considered. The coverage of the index is not comprehensive as it indexes the "authorised" reports and a selection of other series.
Print: L/KF80/L2 (in the UNSW Freehills Law Library, 1st Floor Digest Area)


Updating Cases

Current Law Case Citator
This consists of volumes covering 1947 onwards which are updated by the Current Law Year Books and then the Monthly Digest. Arranged alphabetically by case name, these volumes will provide you with case citations, the subsequent judicial history and references to journal articles.
Print: L/KF85/C94 (in the UNSW Freehills Law Library, 1st Floor Digest Area)

Online: Available in Current Legal Information.

The Digest
The Digest can be used to determine the subsequent history of English cases from before 1947.
Print: L/KF85/E6 (in the UNSW Freehills Law Library, 1st Floor Digest Area)



Secondary Sources

Legal Encyclopaedias

Halsbury's Laws of England

Legal encyclopaedias are invaluable in gaining a concise introduction to broad topics of law and identifying the relevant legal authorities (i.e. legislation or precedents). Halbury's consists of:

  • Main volumes (volumes 1-52): These volumes contain Halsbury's commentary. They are arranged alphabetically by broad topics with an index at the back of each volume. References are to paragraph numbers rather than page numbers. Volumes 51-52 cover the European Union. Volumes from the current edition (4th) are being replaced by updated reissued volumes.
  • Consolidated Table of Statutes, Statutory Instruments and Tables of European Community Materials (volume 53): This volume allows you to locate commentary that refers to a particular piece of legislation.
  • Consolidated Table of Cases (volume 54): Provides the paragraph number/s where particular cases are mentioned in the commentary,
  • Consolidated Index (volume 55-56): A subject index to the main volumes.
  • Cumulative Supplement (in 2 volumes): Published annually, this updates the main volumes. The volume and paragraph references mirror those of the main volumes.
  • Current Service Noter-Up: Issued monthly and arranged in the same broad topics as the main volumes, the Noter-Up section brings Halsbury's up to date by citing legislative and case law developments.
  • Current Service Monthly Reviews: This binder contains Monthly Reviews which digest the latest legislation and case law in a similar way to the Current Law Monthly Digests.
Print: L/KF85/H4 (in the UNSW Freehills Law Library, 1st Floor Digest Area)


Journal Article Indexes

Legal Journals Index
This database (available via Current Legal Information) indexes journal articles, book reviews, editorials, practice directions, English, Scottish and Commonwealth case notes and commentaries on legislation. It also has many references to articles on European Union law.

Index to Legal Periodicals & Books (ILP)
While not as comprehensive as Legal Journals Index, Index to Legal Periodicals & Books indexes articles from most UK law journals.


Dictionaries

Burke J, Jowitt's Dictionary of English Law, 2nd ed, Sweet & Maxwell, 1977
Updated by supplements.
Print: LREF/K127/J1/2

Ivamy ERH, Mozley and Whiteley's Law Dictionary, 11th ed, London, Butterworths, 1993
Print: LREF/K127/M2/11

Bone S (ed), Osborn's Concise Law Dictionary, 8th ed, London, Sweet & Maxwell, 2001
Print: LREF/K127/O1/9


Words and Phrases

"Words and phrases" dictionaries provide references to cases or legislation that have judicially considered the legal definition of a word or phrase. Therefore, they are sources of law, rather than secondary materials.

James JS, Stroud's Judicial Dictionary of Words and Phrases, 5th ed, London, Sweet & Maxwell, 1986
Updated by cumulative supplements.
Print: LREF/K127/S1/5

Saunders JB (ed), Words and Phrases Legally Defined, 3rd ed, London, Butterworths, 1990
This title provides cross-references to Halsbury's Laws of England and is kept up-to-date by supplements.
Print: LREF/K128/W1/3


Legal Research Guides

Holborn G, Butterworths Legal Research Guide, 2nd ed, London, Butterworths, 2001.
Print: L/KL155/H1/2

Pester D, Finding Legal Information: a Guide to Print and Electronic Sources, Oxford, Chandos, 2003