Re: yup Pt2537 is here now too
I'll just quote, easier lol.
LRSP :: Law Reports
Less than 2% of all judgments are reported in law reports series. Decisions of the Supreme Court (previously House of Lords) and the Court of Appeal predominate because of the weight accorded them by the doctrine of precedent. Only a small proportion of the thousands of first instance cases in the High Court are reported.
When a judgment is reported it can be found in a published law report series. When the Law Reports were proposed in 1863, it was suggested that they should include all cases which:
Judgments that interpret new statutes or interpret statutes newly are also often reported. Judges can recommend decisions for reporting, but this decision is generally made by the editors of the various law report series. This means that cases of specialist interest may be overlooked, whilst cases that add nothing new but give an impression of broad coverage may be included.
Unreported judgments
Unreported judgments can be read in court transcripts. Transcripts become available very quickly and are posted on court websites and on www.bailii.org without catchwords or headnotes or 'cases cited' or other such indexing-type information. Among the legal databses, Casetrack, Lawtel and Lexis post transcripts fairly quickly, with some indexing information. Permanent reference copies of unreported judgments are sometimes available from a limited number of courts and are deposited in the court libraries.
Since about 2001, judgments in transcript form have been cited by the neutral citation. Unreported judgments before 2001 are cited by court and date of judgment.
Unreported judgments sometimes become authorities, however they must be used with caution. In the Supreme Court (previously House of Lords), if counsel wish to cite an unreported judgment, they must seek prior leave which will only be granted upon the assurance that it contains an authorative statement of a relevant principle of law not to be found in a reported case (House of Lords Practice Directions and Standing Orders. Jan 1992)
I'll just quote, easier lol.
LRSP :: Law Reports
Less than 2% of all judgments are reported in law reports series. Decisions of the Supreme Court (previously House of Lords) and the Court of Appeal predominate because of the weight accorded them by the doctrine of precedent. Only a small proportion of the thousands of first instance cases in the High Court are reported.
When a judgment is reported it can be found in a published law report series. When the Law Reports were proposed in 1863, it was suggested that they should include all cases which:
- introduce, or appear to introduce, a new principle or a new rule
- materially modify an existing principle or rule.
- settle, or materially tend to settle, a question upon which the law is doubtful
- for any reason are peculiarly instructive.' (ICLR)
Judgments that interpret new statutes or interpret statutes newly are also often reported. Judges can recommend decisions for reporting, but this decision is generally made by the editors of the various law report series. This means that cases of specialist interest may be overlooked, whilst cases that add nothing new but give an impression of broad coverage may be included.
Unreported judgments
Unreported judgments can be read in court transcripts. Transcripts become available very quickly and are posted on court websites and on www.bailii.org without catchwords or headnotes or 'cases cited' or other such indexing-type information. Among the legal databses, Casetrack, Lawtel and Lexis post transcripts fairly quickly, with some indexing information. Permanent reference copies of unreported judgments are sometimes available from a limited number of courts and are deposited in the court libraries.
Since about 2001, judgments in transcript form have been cited by the neutral citation. Unreported judgments before 2001 are cited by court and date of judgment.
Unreported judgments sometimes become authorities, however they must be used with caution. In the Supreme Court (previously House of Lords), if counsel wish to cite an unreported judgment, they must seek prior leave which will only be granted upon the assurance that it contains an authorative statement of a relevant principle of law not to be found in a reported case (House of Lords Practice Directions and Standing Orders. Jan 1992)
Comment