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OSCOLA referencing

Mae'r dudalen hon hefyd ar gael yn a Gymraeg

Law reports hierarchy

There are many series of law reports published, with The Law Reports from the Incorporated Council of Law Reporting (ICLR) being considered the most authoritative (AC, QB, Ch, Fam). Lawyers in Court would cite a report from this series in preference to any other, but in academia where several
versions of the same report may be available, you should cite the report that you have read.

The next best reports are The Weekly Law Reports (WLR) or the All England Law Reports (All ER). These are known as general series of law reports, if a judgment is not available from any of these sources, then cite a specialist series such as the Criminal Appeal Reports, Industrial Cases Reports etc.

Brackets – round or square?

In case citation there are either square or round brackets around the year. [] indicates the year the case was reported and that you need to know the year in order to find the case in print. () indicates the year is not necessary to find the correct volume and that you use the volume number to find the case report within the series.

Traditional and Neutral Case Citation

There are two types of case citation, ‘traditional’, which includes details of a printed volume number, and page number and ‘neutral’, which began in 2001 when the Court of Appeal and later all divisions of the High Court adopted a form of citation which includes details of the case number and the Court. There are no references to printed volumes or pages in neutral citation; it is format and publisher neutral, and was introduced to enable easier location of unreported cases or transcripts from websites such as BAILLI.

Traditional case citation example

Reference order:
Party names | [year] OR (year) | volume | report abbreviation | first page or case number | (abbreviated Court name)
First citation in footnote:

Example
1 Giles v Thompson [1994] 1 AC 142 (HL).

Example in table of cases
Giles v Thompson [1994] 1 AC 142 (HL)


Subsequent citations in a footnote
If you refer to a source more than once in your footnotes and wish to specify a particular page use a pinpoint as follows, for
example, ‘ibid 150’means‘in the same work, but this time at page 150’. 

Example
5 Giles (n 1) 145.
6 ibid 150.

Pinpointing

When pinpointing within a case, give paragraph numbers in square brackets at the end of the citation. If the judgment has no paragraph numbers, give the page number pinpoint after the Court.

Examples
3 Callery v Gray [2001] EWCA Civ 1117, [2001] 1 WLR 2112 [42].
3 R v Leeds Country court, ex p Morris  [1990] QB 523 (QB) 530.

 

If citing a particular judge:

Example
Arscott v The Coal Authority [2004] EWCA Civ 892, [2005] Env LR 6 [27] (Laws LJ).

Neutral citation

For cases which have a neutral case citation, where you have both the neutral citation and the traditional citation, give the neutral citation first followed by a comma and then the citation for the most authoritative report.
Party names | [year] | Court | case number, | [year] OR (year) | volume | report abbreviation | first page

Example
10 R (Roberts) v Parole Board [2004] EWCA Civ 1031.

Example in table of cases
R (Roberts) v Parole Board [2004] EWCA Civ 1031

Unreported cases

If a case is unreported i.e. not published in a printed law report, cite the neutral citation if available. If this is not available, cite as follows.

Party names | (Court, date of the judgment)

Examples
7 Calvert v Gardiner [2002] EWHC 1394 (QB).
9 Stubbs v Sayer (CA, 8 November 1990).

Examples in table of cases
Calvert v Gardiner [2002] EWHC 1394 (QB) 
Stubbs v Sayer (CA, 8 November 1990)

Cases before 1865

Cases heard prior to 1865 were published in a variety of report series named after the individual law reporter, otherwise known as the ‘nominate reports’. These cases are available both in print in the library in CAT.5 and in Lexis and Westlaw in the reprinted form of the ‘English Reports’

Party names | (year) | volume |nominate report abbreviation | first page, |volume | English Report abbreviation | first page

Example
1 Boulton v Jones (1857) 2 H&N 564, 157 ER 23.


If there is a pinpoint use a semi-colon after the page number to separate the citation for the nominate report and English Report. 

Example
4 Henly v Mayor of Lyme (1828) 5 Bing 91, 107; 130 ER 995, 1001.

Criminal law essays

R v Smith becomes Smith (in a criminal law essay, but in an essay on another area list by full name under ‘R’, also do this for judicial review cases with the Crown as the first-named party.)

Table of cases

Case citations appear as in the footnote but note that case names are not italicised in a table of cases and should appear in alphabetical order of the first significant word.

Note: no full stops or pinpoints are included for any source in a Table.

Examples
Boulton v Jones (1857) 2 H&N 564; 157 ER 232
Calvert v Gardiner [2002] EWHC 1394 (QB)
Edwards v Skyways [1964] 1 All ER494
Giles v Thompson [1994] 1 AC 142 (HL)
Henly v Mayor of Lyme (1828) 5 Bing 91, 107; 130 ER 995, 1001
R (Roberts) v Parole Board [2004] EWCA Civ 1031, [2005] (QB)
Stubbs v Sayer (CA, 8 November 1990)
Tweddle v Atkinson [1961] 1 B & S 393; 121 ER 762 (QB)