Suggested reading

• Oxford University Standard for the Citation of Legal Authorities (4th edition) (OSCOLA)

 

The context

As you progress in your legal study it will become increasingly important that you are able to correctly reference the sources that you use. This is important as it allows others to follow your research trail and also demonstrates your eye for detail and ability to follow complex rules.

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If you are studying for a law degree then you should check which system of referencing you are encouraged to use and adapt the exercise below to that system. Many Law Schools use the OSCOLA system for referencing legal authorities and the exercise below is based on that system. It is this system of referencing that is also used in the textbook that accompanies this website.

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Being able to construct your own references is important but it is also important that you can use the references written by other people to start and undertake a research trail. The exercises bring together different sources, including case law.

 

Activity

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Part I: Correcting OSCOLA errors

Using the OSCOLA guide above and your research skills, check the accuracy of the references below. Where there is an error, give the correct OSCOLA reference.

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1. Jeffrey Jowell, ‘The Rule of Law and its underlying values’ in The Changing Constitution (6th edn, OUP 2007) 18.

2. Ghaidan v Godin-Mendoza [2004] UKHL 30.

3. Regina (Jackson and others) v Attorney General [2005] UKHL 56; [2005] 3 WLR 733

4. Ryan M and Foster S, Unlocking Constitutional and Administrative Law (2nd edn, Hodder Education 2010).

5. Bingham, ‘The Rule of Law,’ [2007] 66 CLJ.

6. X v Morgan-Grampian (Publishers) Ltd [1991] 1 AC 148.

7. British Railways Board v Pickin (1974) AC 765 (HL).

8. Madzimbamuto (Stella) v Lardner Burke (Desmond William) [1969] 1 AC 645 (HL).

9. R v Medical Appeal Tribunal, ex p Gilmore [1957] 1 Q.B. 574.

10. R v Secretary of State for Transport Ex p. Factortame Ltd (No.1) [1990] 2 AC 85.

11. Sovereignty- revolution or evolution? (1996) LQR 568.

12. Regina (Jackson and others) v Attorney General [2006] 1 AC 262 (Lord Hope).

13. L Paterson and R Wyn Jones ‘Does civil society drive constitutional change?’ in B Taylor and K Thomson ‘Scotland and Wales: Nations Again?’ (Cardiff: University of Wales Press, 1999) 179.

14. Blackburn v Attorney-General [1971] 2 All E.R. 1040.

15. R (on the application of H) v Mental Health Review Tribunal for North and East London Region [2001] EWCA Crim 415.

16. ‘Scotland and Parliamentary Sovereignty’ (2004) 24 540.

17. R v Secretary of State for the Home Department ex parte Pierson [1988] AC 539 (HL) (Lord Steyn)

 

Part II: Using OSCOLA references

Using the references from Part I, construct an OSCOLA compliant bibliography.

 

Part III: Comprehension and research

Answer the following questions.

1. Consider the following:

   • What is the neutral citation for the case reported at [2013] WLR (D) 321?

   • What are the names of the parties in the case?

   • In which court was this heard?

   • What are the names of each of the judges hearing the case?

   • This was an appeal case. The judgment of which court was being appealed?

2. Consider the following:

   • What was the 41st case decided by the Supreme Court in 2019?

   • Provide the full name for this decision and best available case citation(s).

   • Name each of the members of this court in full (i.e. with correct title).

   • This case was a joint appeal from two different courts. Give the full citations of cases being appealed.

3. Consider the following:

   • Name the statutory instrument with the number 2014/651.

   • Which Act of Parliament was the ‘enabling’ Act for these Regulations?

   • Show how you would cite this statutory instrument using OSCOLA.