OSCOLA_USW 2
OSCOLA_USW 2
OSCOLA Referencing
The University of South Wales Guide to OSCOLA Referencing
Acknowledgements
This guide is based on the Oxford Standard for Citation of
Legal Authorities (OSCOLA), from the Faculty of Law at Oxford
University.
http://www.law.ox.ac.uk/published/OSCOLA_4th_edn.pdf
licensed under a Creative Commons Attribution-Non
Commercial-Sharealike 2.0 UK: England and Wales License.
July 2014
1
Contents
2
OSCOLA Referencing
Part 1 - Referencing
What is referencing?
Referencing (‘citing’) is indicating in assignments when you Plagiarism – academic integrity
have used material that has not originated with you. This This section is based on University guidance on Referencing,
might include factual information, data, images, opinion, Plagiarism, and Good Academic Practice, available on UniLife
direct quotation, or when you summarise or paraphrase the
A key element of academic integrity is understanding good
work of other people.
academic practice in written work and creative practice.
Why reference? Understanding how to use the work of other scholars,
The majority of academic assignments measure your ability including your peers, to develop your own insights into a
to understand, analyse and evaluate the work of others. It is subject is an important professional skill.
important to remember that as a matter of policy referencing
You will be expected to follow professional academic
in the School of Law, Accounting and Finance carries a
conventions. Within the international academic community it
percentage (currently 5%) of the overall marks for an
is never acceptable to use the words of others or their
assignment and if undertaken appropriately will contribute
creative output (whether published or unpublished,
to your grade and therefore your academic success.
including material from the internet) without explicit
Consequently, referencing is crucial as it informs the reader acknowledgement. To do so would not be seen as a mark of
of the texts you have consulted during your research; you respect but rather as plagiarism.
will also be assessed on the quality and relevance of these
When you take notes from sources, make sure you do so in
sources. When writing assignments it is important to refer to
ways which identify where you are recording your own
every source cited in a clear and consistent way, this shows
observations based on the document you are reading, where
consideration for the reader as it enables them to easily
you are paraphrasing and where you are recording direct
check the legal authorities you have referred to and to follow
quotations. This will be particularly important if you are
the arguments or propositions you put forward.
taking notes over a longer period and then reviewing them
Quality and relevance of sources later. For more information on how to give credit to others’
It is particularly important in law to refer to the primary work that influences your own.
sources of law (typically legislation and case law) as this
Help
allows your reader to understand which rule of law you are
Please seek advice from your lecturer, the Student
referring to when you state, ‘the law is x’. Citing primary
Development and Study Skills Service or your Information
sources provides proof of authority and allows your reader to
Librarian if you need further guidance.
make an assessment about the strength of that authority.
Secondary sources (typically books and journal articles)
provide explanations, comment upon and critique the
primary sources of law and are persuasive but are not the
law itself.
3
OSCOLA Referencing
Table of Cases
Edwards v Skyways [1964] 1 All ER 494
Tweddle v Atkinson [1861] 1 B & S 393; 121 ER 762 (QB)
Table of Statutes
Contract (Rights of Third Parties) Act 1999
Landlord and Tenant Act 1995
The case of Edwards v Skyways1 demonstrates that even when an attempt is made to claim that
the commercial agreement was not intended to be legally binding, that generally the agreement
will be held to be so. Sir John Smith argues that:
Therefore, a claim can be made for work that has legally been done.3 However, the burden of
proof would likely be to prove this point, as Treitel argues, “The family circle differs from the
market place in that it is not the setting for bargaining but for an exchange of gifts or gratuitous
services.”4 Ultimately, it is unlikely that a family member could claim on these grounds, but
possibly if proven the work was done via a commercial relationship and that it is not a
responsibility to maintain the property as a tenant.5 It is further held that consideration must move
from the promise. This point of law is established in the case of Tweddle v Atkinson6 whereby it
was held that somebody outside the contract could not rely on the contract, even though it sought
to benefit that person. Although the Contract (Rights of Third Parties) Act 1999 has now sought
to resolve this problem for the purpose of equity, the principle still stands, since the agreement
has not been made for the defendant’s benefit.7
Tables a
t the
1 beginn
Edwards v Skyways Ltd [1964] 1 All ER 494. ing and
2
J Smith, The Law of Contract (4th rev edn, Sweet & Maxwell 2002) 117. Bibliog the
raphy a
3
ibid 120. end sho t the
uld beg
4
GH Treitel, Treitel on the Law of Contract (11th rev edn, Sweet & Maxwell 2003) 174. separate in on
5
As was stated in the Landlord and Tenant Act 1995 s 8. pages to
6
Tweddle v Atkinson [1861] 1 B&S 393; 121 ER 762 (QB). the ma
in body
7
Smith (n 2) 135. of
the work
Bibliography
Smith J, The Law of Contract (4th edn, Sweet & Maxwell 2002)
Treitel GH, The Law of Contract (11th edn, Sweet & Maxwell 2003)
4
OSCOLA Referencing
5
OSCOLA Referencing
Short quotations
Incorporate quotations of up to three lines into the text, within double quotation marks.
EXAMPLE 2
However, the burden of proof would likely be to prove this point, as Trietel argues, “The
family circle differs from the market place in that it is not the setting for bargaining but for an
exchange of gifts or gratuitous services.”1
Long quotations
Present quotations longer than three lines in an indented paragraph, in double quotation marks, with no further indentation
of the first line. Leave a line space either side of the indented paragraph.
EXAMPLE 3
Sir John Smith argues that:
“In ordinary business matters … such an intention is presumed. The ordinary shopper
in the high street does not have a conscious intention to create legal relations as he
makes his various purchases, but he is undoubtedly entering into a series of contracts
for the sale of goods.”2
Therefore, a claim can be made for work that has legally been done.3
Presenting Footnotes
If you use the same source again but later on in the assignment, identify it briefly and indicate the original footnote in which
the full details can be found, this time including the subsequent page number (or paragraph number in square brackets).
From example 1 on page 4:
7
Smith (n 2) 135.
6
How to cite sources of UK and EU law
This section will illustrate how to cite the most widely and the court. There are no references to printed volumes or
accepted sources of UK and EU law in the footnotes. (For pages in neutral citation; it is format and publisher neutral,
bibliography examples see ‘Part 3 – Bibliography’ for and was introduced to enable easier location of unreported
formatting details). cases or transcripts from websites such as BAILLI
http://www.bailii.org/.
7
How to cite sources of UK and EU law
4
Bunt v Tilley [2006] EWHC 407 (QB), [2006] 3 All ER 336 [1]-[37]. B: Citing EU Case Law
5
R v Leeds County Court, ex p Morris [1990] QB 523 (QB) 530-31. Reported EU Cases
Since 1989, EU cases have been numbered according to
If citing a particular judge: whether they were registered at the European Court of
3
Justice (ECJ) or the Court of First Instance (CFI) and given the
Arscott v The Coal Authority [2004] EWCA Civ 892, [2005]
prefix C- (for ECJ cases or T- (for CFI cases). Cases prior to
Env LR 6 [27] (Laws LJ).
1989 have no prefix.
Neutral case citation example
Where possible, refer to the official reports, the European
For cases which have a neutral case citation, where you
Court Reports (ECR). ECJ cases are reported in volume one
have both the neutral citation and the traditional citation,
(ECR I-) and CFI cases are reported in volume two (ECR II-).
give the neutral citation first followed by a comma and
If an ECR report is not available, cite the Common Market Law
then the citation for the most authoritative report.
Reports (CMLR). Some cases are also reported in the Law
Reports, the Weekly Law Reports and/or the All England Law
Reference order:
Reports (European Cases).
Case name | [year] | court | case number, | [year] OR (year) |
volume | report abbreviation | first page Reference order:
Case number | case name | [year] | report abbreviation | first
10
R (Roberts) v Parole Board [2004] EWCA Civ 1031, [2005] QB 410.
page
Unreported cases 12
Case T-344/99 Arne Mathisen AS v Council [2002] ECR II-2905.
If a case is unreported i.e. not published in a printed law
report, cite the neutral citation if available. If this is not Unreported EU Cases
available, cite as follows: Cite the notice from the Official Journal (OJ) C series
(following the reference order as for reported cases above).
Reference order:
case name | (court, date of the judgment) 15
Case C-556/07 Commission v France [2009] OJ C102/8.
7
Calvert v Gardiner [2002] EWHC 1394 (QB). If the case is not yet reported in the OJ, cite the case number
and case name, followed by the court and the date of
9
Stubbs v Sayer (CA, 8 November 1990). judgment in brackets.
42
If there is a pinpoint use a semi-colon after the page number Case C-411/05 Palacios de la Villa v Cortefiel Servicios SA [2007] ECR I-
to separate the citation for the nominate report and English 8531, Opinion of AG Mazak, paras 79-100.
Report.
4
Henly v Mayor of Lyme (1828) 5 Bing 91, 107; 130 ER 995, 1001.
8
How to cite sources of UK and EU law
schedule/schedules sch/schs
9
Consumer Protection Act 1978, s 2.
18
Human Rights Act 1998, sch 1 pt 1.
7
Explanatory Notes to the Charities Act 2006, para [15].
9
How to cite sources of UK and EU law
3
Consolidated Fund HC Bill (2008-09) [5]. Cite Regulations, Directives, Decisions, Recommendations
and Opinions as follows:
To cite part of a Bill, use ‘cl’ or ‘cls’ followed by the clause
number(s). Reference order:
Legislation type | number | title | [year] | OJ series | issue/first
6
Academies HL Bill (2010-11) 1, cl 8(2). page
Pinpoints:
D: Citing Secondary Legislation To refer to an article or articles in EU legislation, follow the OJ
citation with a comma, then ‘art’ or ‘arts’ and the article
Statutory Instruments
number(s):
Cite a Statutory Instrument (SI) by name, year and number;
leave out ‘the’ at the beginning of a title.
15
Consolidated Version of the Treaty on European Union [2008] OJ
Reference order: C115/13, art 8.
9
Law Commission, ‘Unfair Terms in Contracts’ (Law Com No 292 Cm
E: Citing EU Legislation
6464, 2005).
The most authoritative source for EU legislation is the Official
Journal of the European Communities (OJ).
Command Papers
It is important to note carefully the abbreviation for
‘Command’ given on the title page, as there has been several
series of Command papers, each with a different form of
abbreviation.
10
How to cite sources of UK and EU law
Reference Order with pinpoint: which the full details can be found.
Author | ‘Title’ | (Command paper number, Year) | page
5
number Knowles (n 1) para 4.6.
8
Department for Education and Employment, ‘Learning to Succeed: a Book with two or three authors
New Framework for Post 16 Learning’ Cm 4392, 1999). If there is more than one author insert ‘and’ before the last
author’s name.
Parliamentary Debates (Hansard)
Cite Hansard as follows, use ‘cols’ for more than one column: Reference order:
author and author, |title |(additional information, |edition,|
Reference Order with pinpoint: publisher | year)
HC Deb OR HL Deb | date, | volume number | column number author, author and author |title |(additional information,
|edition,| publisher | year)
12
HC Deb 3 February 1977, vol 389, cols 973-76.
1
S Bailey and N Taylor, Bailey, Harris and Jones: Civil Liberties Cases,
Hansard HC (House of Commons) or Hansard HL (House of Materials, and Commentary (6th rev edn, OUP 2009).
Lords) | volume number | column number | (Date)
Book with more than three authors
12
Hansard HC vol 508 col 1258 (8 April 2010). If there are more than three authors, give the name of the
first author followed by ‘and others’.
Reference order:
G: Books author and others, |title |(additional information, |edition,|
publisher | year)
The publication details can usually be found on the title page
in hard copy (the page where the copyright information is on 1
S Gardiner and others, Sports Law (3rd edn, Cavendish 2006).
the reverse) or on the homepage of an e-book. The author’s
name should include initials and surname, the book title Book with editor(s)
should always appear in italics. Give relevant information If there is no author, cite the editor as you would an author,
about the edition before the publisher and year. The edition adding in brackets after their name ‘(ed)’ or ‘(eds)’ if there is
number should only be included where the book is in its more than one.
second edition or beyond.
8
M Woodley (ed), Osborn’s Concise Law Dictionary (11th edn, Sweet &
Pinpoint: Maxwell 2009).
If referring to information from a specific page or paragraph,
include the page or paragraph directly after the year. Use ‘pt’ Contribution to a book
for part, ‘ch’ for chapter, and ‘para’ for paragraph. Page When a book contains chapters written by a number of
numbers stand alone; you do not need to use ‘p’ or ‘pp’. different authors and collated by an editor, cite the author of
Paragraph numbers should be placed in square brackets. the chapter and the chapter’s title in single quotation marks,
then give the editor’s name, the book title in italics and the
Book with a single author publication information. In the Bibliography refer to the book
Reference order: as a whole, leaving out the individual chapter details.
author, | title | (edition, | publisher | year)
Reference order:
Example without pinpoint: chapter author, | ‘chapter title’ | in editor (ed), | book title |
1
J Knowles, Effective Legal Research (2nd edn, Sweet & Maxwell 2009). (additional information, | publisher | year)
11
How to cite sources of UK and EU law
H: Journal Articles (Print & e-Journals) italics instead and add ‘note’ at the end of the citation. If no
author is given begin the citation with the title of the case
Give the publication year in round brackets where there is a comment if one is given or the name of the case.
separate volume number; this applies to the majority of
9
journals. Alternatively, give the publication year in square Andrew Ashworth, ‘R (singh) v Chief Constable of the West Midlands
brackets if the date is needed to identify the correct volume. Police’ [2006] Crim LR 441 (note)
Only include an issue number if pages begin at page 1 for
10
‘Interim relief denied to musicians dropped from play: Ashworth and ors
each issue within a volume, if so put the issue number in
v Royal National Theatre’ [2014] 1000 IDS Brief HR July (note)
brackets immediately after the volume number. If citing the
whole article, give only the first page number.
Reference order:
I: Websites and Blogs
author, | ‘article title’ | (year) | volume | journal name or To cite information from a website where the information is
abbreviation | first page of article in a format not otherwise covered in OSCOLA, proceed as
follows:
[OR]
Websites
author, | ‘title’ | [year] | journal name or abbreviation |
Reference Order:
first page of article
author | ‘Title’ (title of document, date of publication if
available) <url> accessed date
18
D Whitehead, ‘Messages on parenthood: the Human Fertilisation and
15
Liberty and the Civil Liberties Trust, (A Year in Review 2011)
Embryology Bill’ (2008) 42 Law Teach 242.
<http://www.liberty-human-rights.org.uk/newsletter/
libertyyearinreview2011/index.html>accessed 10 August 2012.
Footnote with pinpoint:
If citing information from a specific page, add a comma after Blogs
the first page of the article and then the page where the Reference Order:
information can be found. author | ‘Title of blog post’ (title of blog, date of publication if
available) <url> accessed date
20
R Owen, ‘The View at the Start of the Decade’ (2010) 44 Law Teach 75,
18
R English, ‘Defining “dignity” – nailing jelly to the wall’ (UK Human
82.
Rights Blog, 8 August 2012) <http://ukhumanrightsblog.com/>
Note: accessed 10 August 2012.
Use a standard abbreviation for the journal title, these can be
23
K Broadhurst, ‘Not another brick in the wall?’ (9 Park Place Chambers,
found in the Cardiff Index to Legal Abbreviations
4 June 2014) <http://www.9parkplace.co.uk/news-and-
http://www.legalabbrevs.cardiff.ac.uk/
events//2014/06/04/not-another-brick-in-the-wall/> accessed 15 July
Online Only Journals 2014.
If the journal title is published only online with no print
equivalent or if the version of the journal article you have Note: The quality of a web page with no author or date
read is online and lacks page numbers or other elements cite needs to be questioned i.e. is it suitable for academic work?
as in the following example. If no author is identifiable and it is appropriate to cite, begin
with the first significant word of the title and include the rest
Reference order: of the details in the usual way.
author, | ‘title’ | year | volume| journal name or abbreviation |
<web address> | date accessed Live Hyperlinks
To remove live links in MS Office Word 2007 right click on the
7
H Power and B Dowrick, ‘Issues in Corporate Crime: An Introduction’ link and select ‘Remove hyperlink’.
[1998] 2 Web J Current Legal Issues
<http://webjcli.ncl.ac.uk/1998/issue2/power2.html>accessed 6 January
2012.
12
Tables of Cases and Statutes and Bibliography
EXAMPLE 4
Table of Cases
UK Cases
Boulton v Jones (1857) 2 H&N 564; 157 ER 232
Calvert v Gardiner [2002] EWHC 1394 (QB)
Edwards v Skyways [1964] 1 All ER 494
Giles v Thompson [1994] 1 AC 142 (HL)
Henly v Mayor of Lyme (1828) 5 Bing 91, 107; 130 ER 995, 1001
R (Roberts) v Parole Board [2004] EWCA Civ 1031, [2005] (QB)
Stubbs v Sayer (CA, 8 November 1990)
Tweddle v Atkinson [1961] 1 B & S 393; 121 ER 762 (QB)
EU Cases
Arne Mathisen AS v Council (T-344/99) [2002] ECR II-2095
Table of Statutes
Bills
Presumption of Death Bill HL Bill (2012-13) 65
Alan Turing (Statutory Pardon) Bill HC Bill (2013-14) [124]
Statutes
Contract (Rights of Third Parties) Act 1999
Human Rights Act 1998
Landlord and Tenant Act 1995
Statutory Instruments
Eggs and Chicks (England) Regulations 2009, SI 2009/2163
EU Legislation
Consolidated Version of the Treaty on European Union [2008] OJ C115
How to compile tables of cases and be separated into sub-sections for each category as
statutes illustrated in Example 4.
(See Example 4 above) Formatting the Table of Cases
Tables listing full citations for the primary sources of law, Case citations appear as in the footnote but note that case
typically case law reports and primary and secondary names are not italicised in a table of cases and should
legislation (Acts and Statutory Instruments) referred to in appear in alphabetical order of the first significant word,
your assignment should appear at the very beginning of e.g. 3Giles v Thompson [1994] 1 AC 142 (HL). in a footnote
the work, on a separate page, preceding the main body of would become Giles v Thompson [1994] 1 AC 142 (HL) in
the text. Depending on the sources included, the list could the Table of Cases.
13
Tables of Cases and Statutes and Bibliography
Note: no full stops or pinpoints are included for any Secondary Sources: books and journal
source in a Table. articles
Some examples of various forms of case name follow: There are three rules for formatting books and journal
• articles in a bibliography:
Re Jones becomes Jones, Re
1. Reverse the name so that the surname is first.
• Re W (Illegitimate Child: Change of Surname) becomes W
(Illegitimate Child: Change of Surname) 2. Use a comma after the final initial and before the title.
• R v Smith becomes Smith (In a criminal law essay, but in 3. Pinpoints, leave these out but retain the starting page
an essay on another area list by full name under ‘R’, also number for journal articles.
do this for judicial review cases with the Crown as the
Books
first-named party.)
In a footnote:
• The Starsin becomes Starsin, The. See Homburg 12
J Smith, The Law of Contract (4th edn, Sweet & Maxwell 2002) 117.
Houtimount BV v Agrosin Provate Ltd. Trade-mark and
In a bibliography:
shipping cases should be listed under the full case
name, but also insert an additional entry in the table Smith J, The Law of Contract (4th edn, Sweet & Maxwell 2002)
under the trade-mark or the name of the ship, using
In a bibliography, you may find you need to list several
the first significant word with a cross reference to the
books by the same author. These should be placed in
full name.
chronological order (starting with the oldest). There is no
• Case T-344/99 Arne Mathisen AS v Council [2002] ECR II- need to repeat the author’s name. This can be replaced by
2905 becomes Arne Mathisen AS v Council (T-344/99) a double em-dash as follows:
[2002] ECR II-2095 (If not listed separately, EU cases
Hart HLA, Law, Liberty and Morality (OUP 1963)
should be arranged alphabetically by first party name in
—Punishment and Responsibility (OUP 1968)
the table of cases, with the case number following the
case name in brackets.) Arrange works in alphabetical order of author surname, with
any unattributed works listed at the beginning in
Formatting the Table of Statutes
alphabetical order of the first major word of the title.
Legislation should be listed in alphabetical order of the
first significant word of the title, not chronological by date
Journal articles
of enactment.
In a footnote with a pinpoint:
Consumer Protection Act 1978
20
R Owen, ‘The View at the Start of the Decade’ (2010) 44 Law Teach 75,
Gambling Act 2005 82.
Formatting
It is necessary to make slight changes to the way sources are
formatted for the bibliography.
14
Tables of Cases and Statutes and Bibliography
EXAMPLE 5
Bibliography
Books
Bailey S and Taylor N, Bailey Harris and Jones: Civil Liberties Cases, Materials and
Commentary (6th rev edn, OUP 2009)
Gardiner S and others, Sports Law (3rd edn, Cavendish 2006)
Janis M W, Kay R S and Bradley A W, (3rd edn, Oxford University Press 2008)
Knowles J, Effective Legal Research (2nd edn, Sweet & Maxwell 2009)
Smith J, The Law of Contract (4th edn, Sweet & Maxwell 2002)
Treitel GH, The Law of Contract (11th edn, Sweet & Maxwell 2003)
Journal Articles
Whitehead D, ‘Messages on parenthood: the Human Fertilisation and Embryology Bill’
(2008) 42 Law Teach 242
Websites
English R, ‘Defining “dignity” – nailing jelly to the wall’ (UK Human Rights Blog, 8 August
2012) http://ukhumanrightsblog.com/ accessed 10 August 2012
End of Guide
15