Westlaw UK Advanced Training Outline

Case Skills Skill 1: Searching for case law definitions Free text

definition guardian

Free text

defin! guardian

Free text

(defin! Or interpret!) guardian

Free text

(defin! OR interpret!) /3 guardian

Returns combinations of below: Defin! /3 guardian Interpret /3 guardian Definition and interpret /3 guardian Total number of results: 40 Go to Terms in Context: Result 10 gives definition Marlowe Child &Family Services Ltd v DPP

JUDICIAL CONSIDERATION Skill 2: Positive JUDICIAL CONSIDERATION Citation:

2000 1 ac 524

- indicating some form of positive or neutral judicial consideration. Means 1. case has Appellate history 2. Or case citied in subsequent cases Go to

appellate history

Go to

all cases citing (for cases cited in sub case) Filter by judicial consideration

Go to positive or neutral descriptors Positive Descriptor (Applied) Neutral Descriptor (Mentioned by) Can find out if a case is considered good Law by checking if it has been approved / Applied / Followed by other cases NB No negative case descriptors

Skill 3: Mixed JUDICIAL CONSIDERATION Party Name:

Pepper Hart (1993 ac 593)

- indicating mixed or mildly negative judicial consideration -still good law but needs some interrogation - Should not be too much negative history i.e. distinguished/ not followed - Balance should be around 75% positive to 25% negative for a good case Go to

all cases citing Filter by judicial consideration

Go to negative positive or neutral descriptors Negative (Not applied) - listed first Positive Descriptor (Applied) Neutral Descriptor (distinguished/ mentioned by) NB This time negative case descriptors which is why we have

rather than C

Back to search results

Skill 4: Negative Judicial consideration Party Name:

Pepper Hart (1991 ch 203)

- indicating if a case has been overruled BY A SUBSEQUENT CASE or reversed by a higher court Go to

appellate history

Notice case has been appealed by higher court HL which is why we have no entry sign Back to search results

Skill 5: Judicial consideration of cases cited in a case Party Name:

Pepper Hart (1993 ac 593)

Go to

Significant cases cited

Then Link to

R. v Secretary of State for Trade Ex p. Anderson

Link to

Key case citing in Case analysis for R v SOS EXP Anderson

Notice Pepper and Hart overruled R v SOS EXP Anderson Scroll to top of case analysis and notice the no entry sign - as this case was overruled by pepper v hart Judicial consideration can be positive negative or neutral. Check case descriptors in casa analysis help and coverage Link to

Cases help and coverage then go to descriptors

Skill 6: Finding cases with the same parties on different points of law Citation:

2000 1 ac 524

Link to

Related Cases

This section will list any other cases between the same parties on different points of law I.e. sentencing, costs etc

Skill 7: Finding if legislation cited in your case is still good law

Citation

1998 qb 978

Link to

Legislation cited Mental health act 1983 S118

This is a 1997 decision so the law for this section would be as it was in 1995 S118 was last updated on 1st April 2009 The version of this section in force on the date of the decision was version 2 of 5 i.e. the version between April 1, 1996 to March 31, 2002 Notice this section has been updates twice since SO CEHCK THE CURRENT VERSION TO MAKE SURE THE CONTEXT OF THIS SECTION IS STILL RELEVANT OR 2nd example below

Citation

2005 2 ac 278

Link to

Legislation cited Mental health act 1983 S16

This is a 2005 decision so the law for this section would be as it was in 2005 S16 was repealed on 3rd Nov 2008 so this section is no longer considered good law

Skill 8: Finding Cases that have cited your case Advanced Search Screen Recap Advanced Search techniques again Skills include Cases cited /Subject and court fields Cases Cited (Party):

Pepper /5 Hart

Total number of results: 547  Tip Inserting the case name in the cases cited/party name field and then use the free text field to narrow the search down Cases Cited (Party):

Pepper /5 Hart

Subject/Keyword:

Regulations

Total number of results: 4  TIP: Use the /5 or +5 for good practice. Can use even in party name search box

Skill 9: Searching for cases by Court & Subject Area TIP - House of Lords has been changed to Supreme Court. In order to make sure you have older and newer cases you need make sure you enter into the court field: Supreme Court or House of lords Court

“Supreme Court” OR “House of Lords”

Subject/ Keyword

Immigration

Total number of results: 86 Mention SWR & Edit search

Legislation Skills Basic Searching Skill 10: Annotations Search by title only Provision Number

Counter Terrorism Act 2008 Section 1

Annotations Show Pepper v Hart Notes (Extract from Parliamentary debate Hansard. Point out Link. Can be used in court) General Notes or Glossary with definitions Question and Answers Subsection (2) – shows related legislation with link

Skill 11: Jurisdictional Amendments Act/ SI Title

National Health Service and Community Care Act

Section

60 (Removal of Crown Immunities)

Go to Go to

Extent: England, Wales, Scotland Jurisdictional Amendment in footnote

Jurisdictional Amendments: If an act is read slightly differently for either Wales or Scotland, instead of listing loads of footnotes, we include the whole section as it should be read for that jurisdiction.

Skill 12: Modifications (or non textual amendments) Modifications - Modification - A Modification means that the words in a provision should be read or interpreted differently in a specific situation. In the dogs example, if the ‘owner’ is under 16 then the term should be interpreted differently.

- Essentially a Modification is to do with the interpretation/definition or substitution of words, -

-

Whatever is modifying the section will give extra information about parameters and exceptions for that section Extra details will be provided

Act/ SI Title

Counter Terrorism Act 2008 Section 1 – (POWERS TO GATHER AND SHARE INFORMATION)

The section is about the power of police to seize documents in the course of a terroristrelated search for the purpose of ascertaining whether they may be seized. This includes electronic documents, i.e. pictures on mobile computer etc. Section 2 has the word constable in it.

Go to

Sub section (2) - constable

Select Legislation Analysis Go to

modifications

Modifications - For Counter Terrorism Act 2008 Section 1 - modifications are for Subsections 2, 3 &4 - In subsection 2, the word constable is modified by Counter Terrorism Act 2008 Section 9(2).

Link to Counter Terrorism Act 2008 Section 9(2).

“Constable” can be substituted with “authorised officer” So section 9 of the Counter terrorism Act is modifying section 1 of the same act, by substituting “Constable” with “authorised officer”

Skill 13: Related Legislation (Applying, Referring and Disapplying) Applying Search by Title

Coroners Act 1988

Select

Section 2 - Qualifications for appointment as coroner

The section is about who can be appointed as a coroner.

Go to

S 2 Subsection (2)

Subsection two means a councillor can be a coroner but can’t be a coroner in their own district. They can also not be a coroner in their own district for 6 months after they cease to be a councillor in their district.

Select Legislation Analysis Go to

Related Legislation > Applying

Related Legislation -

Shows the background or full picture of the law. It also shows certain situations where the law should be applied differently.

Applying -

Applies and expands conditions of the legislation or gives specific circumstances where the legislation could be applied.

Applying - Reg 2(a) of local Authorities (Elected Mayor and Mayor's Assistant) (England) Regulations 2002/975 Applies – section 2(2) of the Coroners Act 1998

Link to

-

Local Authorities (Elected Mayor and Mayor's Assistant) (England) Regulations 2002/975 Reg 2a

SI 2002/975 Reg 2 A – Says an elected Mayor to be treated as a councillor Therefore a mayor could be not a coroner in his own district This is related Legislation applying to another piece of legislation.

Referring Expands on an area of law and gives more information on it. It is generally made at the same time Go to Go to

Rights of Light Act 1959 S2 S 2 Subsection (2)

-Subsection 2 – states that you need to fill in a “Prescribed form” to make an application for the registration of a notice. It does not say which form you need to fill though Select Legislation Analysis Go to

Related Legislation > Referring

-Related legislation – check Referring (second leg) for 2(2)– Local Land Charges Rules 1977/985, rule 10(1) Go to

Local Land Charges Rules 1977/985, rule 10(1)

<Rule 10 (1) text mentions that the “Prescribed form” you have to fill in is form A. -

So this is related Legislation referring to another piece of legislation.

Displaying Search by Title

Ancient Monuments (and archaeological areas) Act 1979 S2

S2 is about protecting monuments S2 Subsection (1) states that if you do anything listed in subsection 2 you are guilty of a criminal offence.

Select Legislation Analysis Go to Select

Related Legislation > Dissaplying Channel Tunnel Rail Link Act 1996 c. 61, Sch. 7 para. 4(2)

Para 4 (2) - section 2 of the Ancient Monuments Act 1979 shall not apply therefore if demolition is required for the building of the channel tunnel or cross rail Disapplying A Disapplication means that the provision should not take effect in a given situation, i.e. the provision does not apply in certain facts are met. If the dogs example was a disapplication rather than a modification then the police would not be able to prosecute anyone for having a dangerous dog if the ‘owner’ was under 16. a dispplication is much wider in that the whole provision becomes void in a given situation.

Skill 14: SIs made under a section Act/ SI Title

Identity Cards Act 2006 Section 9 – (Power to require information for validating Register)

Go to SIs Made under act

If the Secretary of state wants to make an SI, for a particular section, he has to future proof it.

Go to Go to

Section 9 Sub section 6 - go to SOS

This means SOS future proofed section at royal assent so he could later create an SI under section TIP - If a section has no SIs in the Leg. Analysis, look for the words SOS and order within the section, this means an SI may be made in the future.

To search for this on WL do the following search: Free text:

Order /s “Secretary of state”

Act SI Title:

Identity cards Act 2006

Select Result 3 Section 4 Designation of documents for purposes of registration etc No SI’s yet. It will be made in the future.

Skill 15: Derivation Table Transitional provisions (table) can also be known as: destination table / Provisional provisions / Derivation table. It shows what sections from the old act are in the new act and where they are located. It is often an act with the same name but just a different year.

Table of Derivations / Transitions Journal articles: Act/SI Title

Deer Act 1991

Link to Derivations link at bottom of AOA

Skill 16: Cases citing whole Act – General materials Act title:

Companies act 2006

Link to

General Materials

Shows cases citing whole act

Skill 17: Journal Articles about an Act â&#x20AC;&#x201C; General materials

Act title:

Companies act 2006

Link to

General Materials

Shows journal articles citing the entire act and parts or schedule of the act A case can cite provisions of an act or an entire act in their arguments.

If a case cites an entire Act it means the piece of Law as a whole is relevant.

E.g. If someone had an issue with the Identity cards act 2006 as a whole they could cite the entire act.

Normally this would be the in the point of law for the whole act would be in the preamble

Skill 18: Overview Documents â&#x20AC;&#x201C; Details on the act as a whole Act title:

Coroners Act 1988

For all sections of the act you can see: -commencement information -Prospective law - Commencement info - Sis -Definitions

Journals Skills Skill 19: Finding Full Text Articles TIP - To limit your results to just full text articles browse to “Full Text” in Journals. Results retrieved will all contain the full text and exclude articles where we only have an abstract on Westlaw.

When trying to find journal articles that have cited a particular case, use free text instead of cases cited.

Will get more results with free text as it searches the document text as well.

Advanced Search Browse to “Full Text” in Journals Cases cited/ Party name

Donoghue v Stevenson

Total number of results: 0 Free text

“Donoghue v Stevenson”

Skill 20: Citing Journal Articles for Bibliography TIP - As there is no research trail for the academic subscription use the recent dropdown to keep a log of your research Click on first result: Full Text: Reaping what we sow: anti-litigation rhetoric, limited budgets, and declining support for civil courts The citation for a journal article does not appear in the full text You can find the citation from the result headline in the results list or the abstract

Link to

Abstract

Go to citation Link to

Full Text

Link to full text article go to there is no citation

Skill 21: Synonyms for Subject /Keywords: Natural language Journals Natural language is good to help find alternate terms.

If you are not sure of the correct term NL automatically will look up alternates Journals Advanced Search Subject keyword

drunkenness

No hits NL will look for synonyms i.e. ”alcohol abuse” alcoholic intoxication” etc Go to Natural language

Select Journals

Enter

drunkenness

Look at keywords returned all relate to drunkenness

EU Skills Skill 22: Finding EU Legislation by nickname EU legislation is often known by its nick name rather then its full title, so searching by the nickname will return no results.

If you don’t get any results for a directive or piece of EU legislation using the title search box try the free text search box Document Type

Directive

Parties or Title

“Anti Spam”

Legislation box ticked Total result retrieved: 0 Document Type

Directive

Free text

“Anti Spam”

Total result retrieved: 1 Anti spam directive (nickname) is a nickname. The real name of the directive is Directive of privacy of electronic communications (full title) therefore searching for Anti Spam directive as the title will return no results

Skill 23: Superseded EU Legislation EU legislation is not consolidated so any legislation that has been superseded will be identified with a no entry icon: Or piece of EU legislation using the title search box try the free text search box Case or document number OJ 1993 L307/18

Skill 24: National Measures and deadlines Shows national Implementation for directives or regulations

Implementation (transposition) deadlines are included in Bibliographic references section of the legislation Case or document number OJ 1999 L167/33 Link to National Measures Implementation (transposition) deadlines for Great Britain is: 30th June 2002

Skill 25: EU Merger Decisions Searching for Merger Decisions on EU Document Type

Merger Decision

Parties or Title

Thomson Reuters

Skill 26: EU Subject Areas Subject areas are quite broad so use a number of subject areas.

Example: Anti spam directive might come under several subjects Document Type

Directive

Free text

“Anti Spam”

Subject

“Consumer Protection” or telecommunications

Link to result Shows terms in context to go to Subject / Keyword section with Subjects highlighted

Books Skills White Book Civil procedure Skill 27: Finding Civil procedure Rules in the White Book Integrates the content of the white book with the Westlaw research tools like the analysis doc and full text law reports for this case.

However, do not copy and paste from the White Book. That is Plagiarism!

Books

Civil Procedure White Book 2010

Point out Table of Cases and Statues and Statutory Instruments Link to

Table of Contents Part A Part 19 Parties and Group Litigation 19.4 - “Procedure for adding of substituting parties”

This shows the “Procedure” - for adding of substituting parties” OR Search CPR Rule:

Procedure for adding of substituting parties

Skill 28: Finding Practice Directions in the White Book Scroll to

Bottom of Part 19 (19.15)

This shows the practice directions for part 19 TIP!! - Practice directions will always appear at the bottom a part if there practice directions for that part.

Scroll to

Part 19 Parties and Group Litigation >19A

Shows the practice direction - how to practice under the rule.

OR Search Practice Direction:

19A

Skill 29: Finding Pre Action Protocols in the White Book Pre-action protocols outline the steps that parties should take in particular types of dispute to seek information from, and to provide information to, each other prior to making a legal claim Link to

Table of Contents Section C

Skill 30: Searching for Forms in the White Book Civil procedure Advanced Searching Forms

â&#x20AC;&#x153;Payment into Courtâ&#x20AC;?

Forms are available in PDF and are expandable. This means you can type into a text box and it will expand if you need more space, without affecting the format of the form