Case Law

ICLR’s Law Reports: An Explainer

Case Law

It is fair to say that law reporting probably strikes quite a few people out there as being a rather arcane business. The purpose of this post is to try to make things a little less obscure by explaining the various types of law report published by ICLR. Whether you’re just about to begin studying Continue reading

The burden of proofs: why accuracy matters

Case Law

The published law reports in ICLR’s main subscription series are proof-read by at least three people, before being sent for approval by the judges on whose judgments they are based. So you can rest assured that our reports are as accurate, as a record of what the court considered and decided, as is humanly possible. Continue reading

Anatomy of a law report

Case Law

Any law reports, whether of the full text or summary type, needs to contain certain fundamental pieces of information in order to justify its being cited in support of a proposition of law. First of all, it must have a title, usually based on the names of the parties. It must identify the court giving Continue reading

What’s the difference between a “law report” and a “transcript”?

Case Law

What’s the difference between a “law report” and a “transcript”? This is one of those questions where the answer is as obvious to some as it is inconspicuous to others. It is also a question that may, quite reasonably, strike some as a bit pedantic. However, there is a distinction and it doesn’t hurt to be Continue reading

What is a Law Report?

Case Law

A law report is a record of a judicial decision on a point of law which sets a precedent. Not all decisions taken in a court of law set a precedent, however interesting they may be in terms of the facts of the case or its consequences. A decision is only reportable if lays down Continue reading

What is case law?

Case Law

Case law is the law created by the courts Although most laws are enacted by Parliament in the form of legislation, in a common law system such as ours the courts can also develop the law. By deciding a disputed point of law a senior court (known as a court of record) can change or Continue reading

Case law: sometimes less is more

Case Law

Over-citation of authority The cornerstone of ICLR’s approach to reporting judicial decisions is that only the cases that make new law or change existing law merit coverage in a law report. The reasoning behind this philosophy is that cases decided purely on their facts, or through the application of principles in cases that have already Continue reading

Neutral Citations

Case Law

A neutral citation is a unique court-assigned reference number for a judgment in a common law jurisdiction. Sometimes described as “medium neutral” (meaning they can be published in print or online using the same reference) or “vendor neutral” / “publisher neutral” (meaning they are not dependent, like traditional law reports, on the selection and editing Continue reading

ECLI numbers

Case Law

The European Case Law Identifier or ECLI number is a pan-European publisher-neutral system of case citation. It was established by the European Commission in 2010 following the recommendations of the Working Party on Legal Data Processing (e-Law) (12907/1/09) in order to ensure improved cross-border access to national case law, as well as standardising the citation Continue reading

Why aren’t ICLR law reports free?

Case Law
FAQs

In a common law system such as that of England and Wales, decisions of the senior courts have the potential to make new law. Those decisions should therefore be freely available to the public, who are bound by the law, in the same way as legislation. For this reason, ICLR makes judgment transcripts available free Continue reading