Noting Up

NOTING-UPSingapore, UK and Australia

Content by: Lee Su-Lin© C J Koh Law Library 2005-2008

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No copyright is claimed in the text of statutes, regulations and court decisions quoted within this work.

NOTICE

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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).

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CONTENTS

What is noting-up p.5

a. Definitionb. Toolsc. Terminology/Abbreviations

Singapore p.9

a. Print Sourcesb. Electronic Sources

UK p.13


Australia p.24


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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.

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What is Noting-Up? B. Tools Used

i. Case citatorThis is a publication which provides the judicial history and judicial treatment of case law.

ii.Table of cases judicially considered/referred toA 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.

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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.

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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

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SingaporeA. Print Sources

To note-up a Singapore case, refer to:

Mallal’s Digest: Case Citator 1932 to 2006Print: K7599.3 Md 2006

Alternatively, use the “Table Of Cases Referred To” in:The Singapore Law Reports: Consolidated Index and Tables 1965-1996Print: K7599 SLR

The Singapore Law Reports: Consolidated Index and Tables 1997-2000 Print: K7599 SLR

The Singapore Law ReportsRefer to the individual bound volumes and current issues for cases reported after the year 2000.Print: K7599 SLR

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Mallal’s Digest: Case Citator 1932 to 2006

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Mallal’s Digest: Case Citator 1932 to 2006 (Vol. M-Z)

Annotated case

Annotating cases

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SingaporeB. 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

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UKA. Print Sources

To note-up a UK case, refer to:

Current Law Case CitatorUsed 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 DigestAt 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

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UKA. Print Sources

E.g. Current Law Case Citator & Current Law Monthly Digest

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UKA. Print Sources


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.

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UKA. Print Sources


Step 1 (contd.): E.g. Noting-up Hedley Byrne v Heller

Currently, the lastest volume of the Case Citator isthe Current Law Case Citator 2007. However, a judicial history for Hedley Berne v Heller 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 Heller can be found in Current Law Case Citator 2005.

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UKA. Print Sources



Annotated caseReferences tothe year and paragraph nos.of annotatingcases in the CurrentLaw Yearbook

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UKA. Print Sources


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”.

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UKA. Print Sources



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.

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UKB. Electronic Sources

Case citator:Current Law Case Citator in Current Legal InformationAccess: CDROMS on Windows (via NUSNET)

Full text databases:LexisNexisAccess: NUS Libraries E-Resources

WestLawAccess: Law Proxy Service

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E.g. Current Legal Information via CDROMS on Windows (via NUSNET)

Click here

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Enter the case name under the “Case” field, e.g. Hedley Byrne

If you select “Search by field”, a pop-up box will appear

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List ofannotating casesfor Hedley Byrne

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AustraliaA. Print Sources

To note-up an Australian case, refer to:

Australian Case CitatorThis 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.

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AustraliaA. Print SourcesAustralian Case Citator

Print: K9012 ACC

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AustraliaA. Print Sources

You may also refer to:

Australian Current Law Reporter: Consolidated Tables and IndexThis 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

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AustraliaB. 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:LexisNexisAccess via NUS Libraries E-Resources

WestLawAccess via Law Proxy Service

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E.g. CaseBase via NUS Libraries E-Resources

Enter databaseID andpassword

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Select CaseBase and enter case name, e.g. Hedley Byrne

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Select relevantcase, e.g. House of Lords decision

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List of annotatingcases for Hedley Byrne

Click for full text cases

Scroll down for more cases

The End

If you have any queries, please email [email protected] orspeak 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 protected]

Content by: Lee Su-LinUpdated 17 Sep 2008

© C J Koh Law Library 2005-2008

Noting Up

Education

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