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Noting Up
 

Noting Up

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Tutorial on noting up

Tutorial on noting up

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    Noting Up Noting Up Presentation Transcript

    • NOTING-UP Singapore, UK and Australia Content by: Lee Su-Lin © C J Koh Law Library 2005-2008
    • No part of this publication may be reproduced or transmitted in any form or by any means, including photocopying and recording, without the written permission of the copyright holder, application for which should be addressed to the author . Such written permission must also be obtained before any part of this publication is stored in a retrieval system of any nature. No copyright is claimed in the text of statutes, regulations and court decisions quoted within this work. NOTICE
    • INTRODUCTION
      • This tutorial was specifically designed to teach first year students on the LAWR programme the importance of noting-up cases and expose them to the major research tools used for this purpose (AY 2005-2007).
    • CONTENTS
      • What is noting-up p.5
      • a. Definition
      • b. Tools
      • c. Terminology/Abbreviations
      • Singapore p.9
      • a. Print Sources
      • b. Electronic Sources
      • UK p.13
      • a. Print Sources
      • b. Electronic Sources
      • Australia p.24
      • a. Print Sources
      • b. Electronic Sources
    • What is Noting-Up? A. Definition
      • Having located a case relevant to your research, it is then essential to confirm if the case is still “ good law ”. This process is referred to as “noting up”.
      • You will need to :
      • 1. check that the case has not been reversed on appeal or subsequently overruled by a superior court;
      • 2. determine whether, and in what manner, the case was considered in subsequent decisions.
    • What is Noting-Up? B. Tools Used
      • i. Case citator
      • This is a publication which provides the judicial history and judicial treatment of case law .
      • ii.Table of cases judicially considered/referred to
      • A section called "Table of Cases Judicially Considered” or the like can be found in the indexes of most print reporters. This is an alphabetical list of the cases published in the reporter that have judicial histories or treatment.
    • What is Noting-Up? C. Terminology and Abbreviations
      • Several terms are associated with noting-up. A complete list of these terms and their corresponding abbreviations and definitions are usually found within the first few pages of law reports and case citators.
      • On the following page is a sample list of noting-up terminology, their abbreviations and definitions. Note that the terms may take on different meanings, and the abbreviations may vary slightly from jurisdiction to jurisdiction.
    • What is Noting-Up? C. Terminology and Abbreviations Term Abbrev Definition Applied Appl Used where the principles of law in the annotated case have been applied to a new set of facts and circumstances Followed Foll/Folld Used to denote that the principle of law established in the annotated case has been applied in the annotating case Not followed Not foll/ Not folld Used where the court in the annotating case has refused to follow the annotated case although potentially relevant. Implies that annotated case is wrong Distinguished Dist/Distd Used where the annotated case is not applied in the annotating case due to some distinction in the facts or in the law Overruled Overd/ Overld Used where a higher court has held the annotated case to be wrong
    • Singapore A. Print Sources To note-up a Singapore case, refer to: Mallal’s Digest: Case Citator 1932 to 2006 Print: K7599.3 Md 2006 Alternatively, use the “Table Of Cases Referred To” in: The Singapore Law Reports: Consolidated Index and Tables 1965-1996 Print: K7599 SLR The Singapore Law Reports: Consolidated Index and Tables 1997-2000 Print: K7599 SLR The Singapore Law Reports Refer to the individual bound volumes and current issues for cases reported after the year 2000 . Print: K7599 SLR
    • Singapore A. Print Sources Mallal’s Digest: Case Citator 1932 to 2006
    • Singapore A. Print Sources Mallal’s Digest: Case Citator 1932 to 2006 (Vol. M-Z) Annotated case Annotating cases
    • Singapore B. Electronic Sources
      • The following is a list of full text databases used for noting-up Singapore cases:
      • LawNet
      • Access via Law Proxy Service
      • LexisNexis
      • Access via NUS Libraries E-Resources
      • WestLaw
      • Access via Law Proxy Service
    • UK A. Print Sources To note-up a UK case, refer to: Current Law Case Citator Used for noting-up UK and selected EU cases. It is published in several volumes covering different years: 1947-1976, 1977-1988, 1989-1995, etc. It is updated by the Current Law Monthly Digest . Print: Case Citator KB3 CLC Monthly Digest KB3 CL The Digest At the conclusion of each digested case in this publication, a list of subsequent cases which have been judicially considered is added. The Digest is updated by the annual Cumulative Supplement . Print: K2028 EED
    • UK A. Print Sources E.g. Current Law Case Citator & Current Law Monthly Digest
    • UK A. Print Sources E.g. Current Law Case Citator & Current Law Monthly Digest Step 1 : E.g. Noting-up Hedley Byrne v Heller When searching for a case, first consult the most recent volume of the Current Law Case Citator as this will provide the most comprehensive information on its judicial history. If the case does not appear in that volume, then work backwards through the set of Case Citators until you locate the latest volume that contains the relevant annotated case.
    • UK A. Print Sources E.g. Current Law Case Citator & Current Law Monthly Digest Step 1 (contd.) : E.g. Noting-up Hedley Byrne v Heller Currently, the lastest volume of the Case Citator is the Current Law Case Citator 2007. However, a judicial history for Hedley Berne v Helle r cannot be found in this volume. You will then need to check the Case Citator for the previous years. . The judicial history for Hedley Berne v Helle r can be found in Current Law Case Citator 2005 .
    • UK A. Print Sources E.g. Current Law Case Citator & Current Law Monthly Digest Step 1 (contd.) : E.g. Noting-up Hedley Byrne v Heller Annotated case References to the year and paragraph nos. of annotating cases in the Current Law Yearbook
    • UK A. Print Sources E.g. Current Law Case Citator & Current Law Monthly Digest Step 2 : E.g. Noting-up Hedley Byrne v Heller To update, search the “Cumulative Table of Cases” in the latest issue of the Current Law Monthly Digest for the subsequent year . Currently, the latest issue of the Monthly Digest is Aug 2008. A reference to Hedley Byrne v Heller can be found in its “Cumulative Table of Cases”.
    • UK A. Print Sources E.g. Current Law Case Citator & Current Law Monthly Digest Step 2 (contd.) : E.g. Noting-up Hedley Byrne v Heller The Cumulative Table provides the month of the Monthly Digest (of that same year) and the paragraph number in which the digested annotating case can be found.
    • UK B. Electronic Sources Case citator: Current Law Case Citator in Current Legal Information Access: CDROMS on Windows (via NUSNET) Full text databases: LexisNexis Access: NUS Libraries E-Resources WestLaw Access: Law Proxy Service
    • UK B. Electronic Sources E.g. Current Legal Information via CDROMS on Windows (via NUSNET) Click here
    • UK B. Electronic Sources E.g. Current Legal Information via CDROMS on Windows (via NUSNET) Enter the case name under the “Case” field, e.g. Hedley Byrne If you select “Search by field”, a pop-up box will appear
    • UK B. Electronic Sources E.g. Current Legal Information via CDROMS on Windows (via NUSNET) List of annotating cases for Hedley Byrne
    • Australia A. Print Sources To note-up an Australian case, refer to: Australian Case Citator This is published in several volumes: 1825-1959, 1960-1994, … 2006-2007. From 2008, the material is published in looseleaf format and updated on a monthly basis. Unlike the UK Current Law Case Citator , the most recent volume does not contain the most comprehensive information. Rather, it only contains annotating cases for the period stated. You will therefore need to search all volumes of the Case Citator after the date of the case to obtain a complete list of annotating cases. Since 1981, important English cases have been added.
    • Australia A. Print Sources Australian Case Citator Print: K9012 ACC
    • Australia A. Print Sources You may also refer to: Australian Current Law Reporter: Consolidated Tables and Index This is published in several volumes: 1991-1993, 1994-1996, 1997-1999, 2000-2002 and 2003-2005. Search the “Table of Cases Judicially Considered” in all volumes after the date of the relevant case. Print: KB3 ACLR
    • Australia B. Electronic Sources Case citator: CaseBase (in LexisNexis AU) via NUS Libraries E-Resources (N.B. Registration required for first-time users: http://www.lib.nus.edu.sg/eforms/ej.html ) Full text databases: LexisNexis Access via NUS Libraries E-Resources WestLaw Access via Law Proxy Service
    • Australia B. Electronic Sources E.g. CaseBase via NUS Libraries E-Resources Enter database ID and password
    • Australia B. Electronic Sources E.g. CaseBase via NUS Libraries E-Resources Select CaseBase and enter case name, e.g. Hedley Byrne
    • Australia B. Electronic Sources E.g. CaseBase via NUS Libraries E-Resources Select relevant case, e.g. House of Lords decision
    • Australia B. Electronic Sources E.g. CaseBase via NUS Libraries E-Resources List of annotating cases for Hedley Byrne Click for full text cases Scroll down for more cases
    • The End If you have any queries, please email [email_address] or speak to a librarian at the C J Koh Law Library Information Desk: 6516 2043 . If you have any comments, please send your email to: [email_address] Content by: Lee Su-Lin Updated 17 Sep 2008 © C J Koh Law Library 2005-2008