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The Importance of Case Law: Understanding Judicial Precedent and Appellate Decisions

In "Finding Cases," Lisa Incledon delves into the critical role of case law in legal research. This guide emphasizes the significance of past judicial decisions and their influence on current legal practices. It explains the concept of judicial precedent and how rulings from appellate courts, specifically the House of Lords/Supreme Court and the Court of Appeal, shape and bind lower courts. Understanding these cases is essential for any legal practitioner seeking to navigate the complexities of law effectively.

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The Importance of Case Law: Understanding Judicial Precedent and Appellate Decisions

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  1. Finding Cases

    Legal Research by Lisa Incledon
  2. Why case law? Why are the decisions of past cases important? Judicial Precedent
  3. Appellate Courts Cases in the appellate courts are key to making law because they bind all other courts. House of Lords/Supreme Court Court of Appeal Divisional Courts High Court (occasionally)
  4. Finding Cases All Cases have: Name Usually the name reflects the two parties in a case Date Year of the case (there can be some variation in the year of a case) Citation Neutral (references court) or specific to law reports
  5. Case Name The name of a civil case will usually involve two individuals or companies: E.g. Donoghue v Stevenson (the two parties were Mrs Donoghue and Mr Stevenson) The name of a criminal case will usually involve ‘Regina’ (the Queen – meaning the state represented by the CPS): E.g. R v Cheshire (the case involved the prosecution of Mr Cheshire)
  6. Citations A case is cited with the year, a set of letters and the number The letters may be neutral citations, specifying the court: E.g. UKHL – House of Lords/ UKSC – Supreme Court E.g. EWCA Civ – Court of Appeal (Civil Division) E.g. EWCA Crim – Court of Appeal (Criminal Division) E.g. EWHC – High Court [the Divison may follow in brackets] The letters may also specify the set of reports the case is in: AC – Appeal Cases Reports All ER – All England Reports WLR – Weekly Law Reports
  7. Example Donoghue v Stevenson [1932] UKHL 100; [1932] AC 562 Name Donoghue v Stevenson Date 1932 Citation Neutral: [1932] UKHL 100 Court specific: [1932] AC 562
  8. Research Sources The British and Irish Legal Information Institute: www.bailii.org Lexis Nexis and Westlaw Expensive sources – some solicitors’ firms may have access
  9. Basic Search - Enter keyword More detailed/specific search options Best used to find cases Bailii.org.uk
  10. Example Donoghue v Stevenson [1932] UKHL 100; [1932] AC 562 Name Donoghue v Stevenson Date 1932 Citation Neutral: [1932] UKHL 100 Court specific: [1932] AC 562
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