Case Law

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

The Past, Present and Future of the ICLR

Case Law

The following essay is taken from the The Law Reports 1865-2015 Anniversary Edition, published to mark ICLR’s 150th anniversary in 2015. (The book is available from the ICLR Bookshop.)  This collection of fifteen landmark cases has been published to mark the sesquicentenary or 150th anniversary of the founding of the Incorporated Council of Law Reporting 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 Citation

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 number

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

Can a case be a precedent if it hasn’t been published?

Case Law

Yes, but it is rare. The doctrine of precedent depends entirely on the court being made aware of the earlier decision by which it is bound. That in turn depends on the earlier case having been in some way published or otherwise publicised. Before the advent of printed law reports, it was not unusual for Continue reading

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