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The University of South Wales Guide to OSCOLA Referencing provides comprehensive instructions on how to properly reference legal sources using the OSCOLA style, emphasizing the importance of academic integrity and the consequences of plagiarism. It includes detailed sections on citing various types of legal materials, such as UK and EU case law, legislation, and secondary sources, along with examples and formatting guidelines. The guide is a collaborative effort, revised in October 2022, and aims to support law students in their academic writing and research practices.

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0% found this document useful (0 votes)
16 views

OSCOLA_2022

The University of South Wales Guide to OSCOLA Referencing provides comprehensive instructions on how to properly reference legal sources using the OSCOLA style, emphasizing the importance of academic integrity and the consequences of plagiarism. It includes detailed sections on citing various types of legal materials, such as UK and EU case law, legislation, and secondary sources, along with examples and formatting guidelines. The guide is a collaborative effort, revised in October 2022, and aims to support law students in their academic writing and research practices.

Uploaded by

edwardlungu440
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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The University of South Wales Guide to

OSCOLA Referencing

Revised Oct 2022


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The University of South Wales Guide to OSCOLA


Referencing

Acknowledgements
This guide is based on the Oxford University Standard for
Citation of Legal Authorities (OSCOLA), published by the
Faculty of Law, University of Oxford:
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.

The USW guide contains examples of popular sources of UK


and EU law, for examples of international materials please
refer to OSCOLA 2006: Citing International Sources:
https://www.law.ox.ac.uk/sites/files/oxlaw/oscola_2006_citin
g_international_law.pdf

‘Citing the Law’ is an online tutorial from Cardiff


University licensed under a Creative Commons Attribution
4.0 International License:
https://sites.cardiff.ac.uk/ilrb/resource/citing-the-law/

Guides created by other UK universities have also


inspired this guide.

Originally compiled by Sue House, Faculty Librarian for


Humanities, Social Sciences and Law, and Lowri Newman
and Donna Waite of the Student Development and Study
Skills Service. Colleagues in the Centre for Excellence in
Learning and Teaching and students and academic staff in
the Law School have also contributed valuable feedback.

Revised October 2022

If you have feedback about the guide please email


[email protected].

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Contents

Part 1 B: Citing EU Case Law....................................................... 8


Referencing Reported EU Cases
1. The Importance of Referencing....................................... 3 Unreported EU Cases
Introduction Opinions of Advocates General
What is referencing? Decisions of the European Commission
Why reference? Judgments of the European Court of Human Rights
Quality and relevance of sources Unreported European Court of Human Rights Cases
Solicitors Regulation Authority
Plagiarism – academic integrity C: Citing UK Primary Legislation..................................... 9
Help Citing Statutes (Acts of Parliament)
Explanatory Notes to Acts
2. How to Reference............................................................. 5 Bills
Basic requirements
What is a footnote marker? D: Citing Secondary Legislation........................................ 10
How do I insert a footnote marker? Statutory Instruments
What are tables of cases and
statutes? What is a bibliography? E: Citing EU Legislation.................................................... 10
What are primary and secondary sources of
law? Punctuation F: Official Publications.......................................................10
Pinpoints Law Commission reports
Latin terms Command papers
Summarising Parliamentary debates (Hansard)
Paraphrasing
Secondary Referencing G: Books.............................................................................. 11
Book with a single author
Presenting Quotations Book with two or three authors
Short quotations Long Book with more than three authors
quotations Presenting Book with editor(s)
Footnotes Contribution to a book
How do I refer to sources within Encyclopaedias
footnotes? First mention of a source
Subsequent mention of a source H: Journal Articles (Print and e-Journals).....................12
Online only journals
Case comments or case notes
Part 2
How to Cite Sources of UK I: Websites and Blogs......................................................... 12
and EU Law Websites
A. Citing UK Case Law...................................................... 7 Blogs
Law reports hierarchy
Brackets Part 3
Abbreviations Tables of Cases and Statutes
Citing cases: and Bibliography............................................ 13
Traditional and neutral case citation How to compile tables of cases and statutes
Traditional case citation example How to compile a bibliography of secondary sources
Neutral case citation example Formatting
Unreported Cases
Cases before
1865

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Part 1 - Referencing

1. The importance of referencing


Solicitors Regulation Authority and Bar Standards Board
Introduction
In Law, there is a further imperative to learn how to
The aim of this guide is to explain the importance of
reference correctly as the Solicitors Regulation
referencing as well as how to format references based on the
Authority and Bar Standards Board will assess the
OSCOLA style. It highlights examples from some of the
character and suitability of all students who apply for
most popular sources of UK and EU law, illustrating the
memberships and will refuse an application in the
conventions involved in legal academic writing. It is
absence of exceptional circumstances if a deliberate
important to note that coursework, such as essays or
assignment offence has been committed, or has been
dissertations, submitted by all Law students and all students
adjudged to have been committed, amounting to
studying Law modules as part of another discipline for
plagiarism and cheating to gain advantage for yourself
assessment in the Law School should follow the examples
or others.
provided in this guide.

What is referencing?
Referencing is indicating in assignments when you have used Plagiarism – academic integrity
material that has not originated from you. This might include This section is based on University guidance on
various types of information such as data, images, facts or ‘Referencing, Plagiarism, and Good Academic Practice’,
opinions. You may choose a direct quotation, or to summarise available on UniLife:
or paraphrase the work of other people. http://unilife.southwales.ac.uk/pages/3272-referencing-
plagiarism-and-good-academic-practice?locale=en
Why reference?
The majority of academic assignments measure your ability A key element of academic integrity is to understand good
to understand, analyse and evaluate the work of others. It is academic practice in written work and creative practice.
important to remember that as a matter of policy referencing in Understanding how to use the work of other scholars, including
the Law School carries a percentage (currently 5%) of the your peers, to develop your own insights into a subject is an
overall marks for an assignment and if undertaken important professional skill.
appropriately will contribute to your grade and therefore
your academic success. Always follow professional academic conventions. Within the
international academic community, it is never acceptable to use
Consequently, referencing is crucial as it informs the reader the words of others or their creative output (whether published
of the texts you have consulted during your research. The or unpublished, including material from the internet) without
quality and relevance of these sources also forms part of the explicit acknowledgement. To do so would not just be seen as
assessment. When writing assignments it is important to refer a mark of disrespect but also plagiarism.
to every source cited in a clear and consistent way, this
shows consideration for the reader as it enables them to When you take notes from sources, make sure you do so in
check easily the legal authorities you have referred to and to ways which identify where you are recording your own
follow the arguments or propositions you put forward. observations based on the document you are reading, where you
are paraphrasing and where you are recording direct
Quality and relevance of sources quotations. This will be particularly important if you are taking
It is particularly important in law to refer to the primary notes over a longer period and then reviewing them later.
sources of law (typically legislation and case law) as this
allows your reader to understand which rule of law you are Help
referring to when you state, ‘the law is x’. Citing primary Please seek advice from your lecturer, the Student
sources provides proof of authority and allows your reader to Development and Study Skills Service or your Faculty
make an assessment about the strength of that authority. Librarian if you need further guidance.
Secondary sources (typically books and journal articles)
provide explanations, comment upon and review the
primary sources of law and are persuasive but are not the
law itself.

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EXAMPLE 1 –condensed, illustrated version of an assignment

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:

“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 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

1
Edwards v Skyways Ltd [1964] 1 All ER 494.
2
J Smith, The Law of Contract (4th rev edn, Sweet & Maxwell 2002) 117.
3
ibid 120.
4
GH Treitel, Treitel on the Law of Contract (11th rev edn, Sweet & Maxwell 2003) 174.
5
As was stated in the Landlord and Tenant Act 1995, s 8.
6
Tweddle v Atkinson [1861] 1 B&S 393; 121 ER 762 (QB).
7
Smith (n 2) 135.

Bibliography

Smith J, The Law of Contract (4th edn, Sweet & Maxwell 2002)

Treitel GH, The Law of Contract (11th edn, Sweet & Maxwell 2003)

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2. How to reference Punctuation
There is always a full stop at the end of each footnote. Do not use
Basic requirements full stops after abbreviations (QB not Q.B. for Queen’s Bench),
There are three basic requirements for incorporating nor after the ‘v’ between two parties. Within a footnote, if there is
references into your work when using OSCOLA: (See Example more than one source cited, separate each with a semi-colon.
1 on page 4.)
Pinpointing
• Citation: when you acknowledge a source, place a
Use pinpoint numbers to direct the reader to particular pages
footnote marker after the full stop at the end of the
and paragraphs within a source. These come at the end of the
sentence, or after any other punctuation mark, or after
footnote citation if necessary. Use ‘pt’ for part, ‘ch’ for
the word or phrase to which it relates;
chapter, and ‘para’ for paragraph. Page numbers stand alone; i.e.
you do not need to use ‘p’ for page or‘pp’ for pages.
• Footnote: when referring to a publication for the first
time, provide a full reference to the source at the
Summarising
foot of the page. Any ‘Subsequent mention of a
Summarising is briefly stating in your own words the main
source’ can then be provided in note form. (See page
points of a longer text, often to give an overview of a topic.
6 for examples);
At the end of your sentence put a footnote marker and
include details of the original source in the footnotes and in
• Bibliography: compile a Table of primary sources at the
your Tables or Bibliography.
beginning and a Bibliography of secondary sources at
the end of your work.
Paraphrasing
What is a footnote marker? Paraphrasing is re-writing the statements of others in your own
As can be seen in Example 1 on page 4, footnote markers are words often to clarify a point, rather than quoting their words
a continuous run of numbers placed in the main body of the exactly. At the end of your sentence put a footnote marker and
text and refer the reader to a numerical sequence of include details of the original source in the footnotes and in
references positioned at the bottom of the same page your Tables or Bibliography.
(footnotes).
Secondary referencing
How do I insert a footnote marker? A secondary reference is when you read a text in which the
Inserting both footnote marker and footnotes beginning with author refers to the work of another and you wish to refer to that
a 1 can be done automatically in Word. The in-text marker work in your assignment. This practice is discouraged as you
should be inserted after a full stop, or after the word or phrase should always attempt to find the original source which you can
to which it relates. (See Example 1.) Use the ‘References’ tab analyse and evaluate on its own terms.
to look for the ‘Footnotes’ group, and then click on ‘Insert
Footnote’. If it is not possible to find the original source, reference the
source that you have not personally read first then in brackets
What are tables of cases and legislation? put ‘as cited in’ then cite the secondary source that you have
These primary sources of law are most authoritative and as read including the page number. For example:
such, they are placed at the beginning of the work, on a
separate page to the main body of the work. 4
Quoted in WL Clay, The Prison Chaplain, A Memoir of the
Examples of this can also be seen in the leading legal
Reverend John Clay (London 1861) 554 (as cited in M Wiener,
textbooks. (See Part 3 – Tables of Cases and Legislation
Reconstructing the Criminal Culture, Law and Policy in
for details.)
England 1830-1914 (CUP 1990) 79).

What is a bibliography?
A bibliography is a list of all the secondary sources you have
referred to in researching your assignment, it is placed on a
separate page, at the end of the work following the main body
of text and any appendices. (See Part 3 – Bibliography for
details.)

What are primary and secondary sources of law?


Primary sources of law are the law itself: mainly case law
and legislation. Secondary sources are all
other materials that comment upon, analyse, summarise and
otherwise explain the primary sources. For example, books,
journals, encyclopaedias and dictionaries, indexes and
digests, official publications etc.

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How do I include quotations in my work?

Short quotations
Incorporate quotations of up to three lines into the text, within single quotation marks. Quotations within short quotations take
double quotation marks:

EXAMPLE
The government included a high maximum penalty of 5 years imprisonment for breaching an anti-social behaviour
order in the bill 'because the offender should be sentenced for his "pattern of behaviour", including the conduct giving
rise to the making of the anti-social behaviour order.'34

34
Andrew Ashworth, 'Social Control and "Anti-Social behaviour": The Subversion of Human Rights' (2004) 120 LQR
263, 278.

Long quotations

Present quotations longer than three lines in an indented paragraph. Leave a line space either side of the indented paragraph. You
do not need to use quotation marks, except for single quotation marks around quotations within quotations.

EXAMPLE
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

How do I refer to sources within footnotes?


Footnotes are the list of numerical references located at the bottom of a page (See Example 1 on page 4).

First mention of a source


The full details of each source must be included at first mention in the footnote.
From Example 1 on page 4:
2
J Smith, The Law of Contract (4th rev edn, Sweet & Maxwell 2002) 117.

Subsequent mention of a source


When referring to the same source in the next footnote, you may use ibid, meaning ‘in the same place’,
accompanied by the relevant page number.
From Example 1 on page 4:
3
ibid 120.

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).
From Example 1 on page 4:
7
Smith (n 2) 135.

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Part 2 – 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, and
bibliography examples see ‘Part 3 – Bibliography’ for
was introduced to enable easier location of unreported cases or
formatting details).
transcripts from websites such as BAILLI
http://www.bailii.org/.

A: Citing UK Case Law Traditional case citation example


For cases which have a traditional case citation, cite as
Law reports hierarchy follows:

There are many series of law reports published, with The Law Reference order:
Reports from the Incorporated Council of Law Reporting Party names | [year] OR (year) | volume | report abbreviation |
(ICLR) being considered the most authoritative (AC, QB, Ch, first page or case number | (abbreviated Court name)
Fam). Lawyers in Court would cite a report from this series in
preference to any other, but in academia where several First citation in footnote:
1
versions of the same report may be available, you should cite Giles v Thompson [1994] 1 AC 142 (HL).
the report that you have read. The next best reports are The
Subsequent citations in a footnote:
Weekly Law Reports (WLR) or the All England Law Reports
If you refer to a source more than once in your footnotes,
(All ER). These are known as general series of law reports, if a
give the full citation at first mention (as above) and
judgment is not available from any of these sources, then cite
thereafter briefly identify the source and the footnote in
a specialist series such as the Criminal Appeal Reports,
which the full details can be found.
Industrial Cases Reports etc.
5
Giles (n 1).
The citation for the most authoritative report can be found
directly following the case name (pre-2001) or the neutral Remember, it is also acceptable to use ‘ibid’, meaning ‘in the
case citation (post-2001) in the citation lists in the legal same place’. Use this to repeat information in the
databases and the printed volumes of the Current Law Case immediately preceding footnote. Ibid alone means ‘in the
Citator. very same place’. Ibid should not be italicised.

Brackets – round or square? 5


Giles (n 1).
In case citation there are either square or round brackets
around the year. [] indicates the year the case was reported 6
ibid.
and that you need to know the year in order to find the case
in print. () indicates the year is not necessary to find the Subsequent citations in footnotes with pinpoint:
correct volume and that you use the volume number to find the If you refer to a source more than once in your footnotes and
case report within the series. wish to specify a particular page use a pinpoint as follows, for
example, ‘ibid 150’ means ‘in the same work, but this time at
Abbreviations page 150’.
A comprehensive guide to accepted case law report and
5
Giles (n 1) 145.
journal title abbreviations can be found online in the Cardiff
Index to Legal Abbreviations www.legalabbrevs.cardiff.ac.uk 6
ibid 150.

Citing Cases Citations containing pinpoints to page or paragraph


When citing cases, give the name of the case, the neutral numbers
citation (if appropriate), and volume and first page of the
relevant law report, and where necessary the Court. When pinpointing within a case, give paragraph numbers in
square brackets at the end of the citation. If the judgment has
Traditional and Neutral Case Citation no paragraph numbers, give the page number pinpoint after the
There are two types of case citation, ‘traditional’ which Court.
includes details of a printed volume number and page number
and ‘neutral’ which began in 2001 when the Court of Appeal 3
Callery v Gray [2001] EWCA Civ 1117, [2001] 1 WLR 2112
and later all divisions of the High Court adopted a form of [42].
citation which includes details of the case number

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Bunt v Tilley [2006] EWHC 407 (QB), [2006] 3 All ER 336
4
[1]- Henly v Mayor of Lyme (1828) 5 Bing 91, 107; 130 ER 995, 1001.
[37].
B: Citing European 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 Justice
(ECJ) or the Court of First Instance (CFI) and given the
3
Arscott v The Coal Authority [2004] EWCA Civ 892, prefix C- (for ECJ cases or T- (for CFI cases). Cases prior to
[2005] Env LR 6 [27] (Laws LJ). 1989 have no prefix.

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, give
(ECR I-) and CFI cases are reported in volume two (ECR II-
the neutral citation first followed by a comma and then the
).
citation for the most authoritative report.
If an ECR report is not available, cite the Common Market Law
Reports (CMLR). Some cases are also reported in the Law
Reference order:
Reports, the Weekly Law Reports and/or the All England Law
Party names | [year] | Court | case number, | [year] OR
Reports (European Cases).
(year) | volume | report abbreviation | first page
Reference order:
10
R (Roberts) v Parole Board [2004] EWCA Civ 1031, [2005] QB 410.
Case number | case name | [year] | report abbreviation | first
page
Unreported cases
If a case is unreported i.e. not published in a printed law 12
Case 240/83 Procureur de la République v ADBHU [1985] ECR 531.
report, cite the neutral citation if available. If this is not
available, cite as follows: Unreported EU Cases
Cite the notice from the Official Journal (OJ) C series
Reference order: (following the reference order as for reported cases above).
Party names | (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
9
Stubbs v Sayer (CA, 8 November 1990). and case name, followed by the Court and the date of
judgment in brackets.
Cases before 1865
Cases heard prior to 1865 were published in a variety of 48
Case T-227/08 Bayer Healthcare v OHMI-Uriach Aquilea OTC (CFI, 11
report series named after the individual law reporter, November 2009).
otherwise known as the ‘nominate reports’. These cases are
available both in print in the library in CAT.5 and in Lexis and Pinpoint:
Westlaw in the reprinted form of the ‘English Reports’. Cite To pinpoint, follow the case citation with a comma, ‘para’ or
as follows: ‘paras’ and the paragraph number(s) in square brackets.

44
Reference order: Case C-176/03 Commission v Council [2005] ECR I-7879, paras [47-48].
Party names | (year) | volume |nominate report abbreviation |
first page, |volume | English Report abbreviation | first page Opinions of Advocates General
When citing an opinion of an Advocate General, add ‘opinion of
1
Boulton v Jones (1857) 2 H&N 564, 157 ER 23. AG [name]’ after the case citation and a comma, and before
any pinpoint.
If there is a pinpoint use a semi-colon after the page number to
42
separate the citation for the nominate report and English Case C-411/05 Palacios de la Villa v Cortefiel Servicios SA [2007]
Report. ECR I- 8531, Opinion of AG Mazak, paras 79-100.

Here are some examples of neutral citations you are most likely to see when studying law:

 Supreme Court – [2010] UKSC 2


 House of Lords – [2008] UKHL 8
 Court of Appeal (Civil Division) – [2001] EWCA Civ 5
 Court of Appeal (Criminal Division) – [2001] EWCA Crim 7
 High Court (Administrative Court) – [2005] EWHC Admin 12
 High Court (Chancery Division) – [2005] EWHC 15 (Ch)
 High Court (Queen’s Bench Division) – [2005] EWHC 18 (QB)
 High Court (Family Division) – [2005] EWHC 24 (Fam)

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Decisions of the European Commission DDUS
C: Citing UK Primary Legislation
Decisions in relation to competition law and mergers are to
be referenced as cases. Note: The full OSCOLA guide contains examples for citing
Parliamentary bills and for citing legislation from Wales, the
Reference order: EU and international jurisdictions.
Case name | (case number) | Commission Decision number
| [year] | OJ L issue/first page Citing Statutes (Acts of Parliament)
Cite an Act by short title and year, leave out ‘the’ at the
32
Alcatel/Teletra (Case IV/M.042) Commission Decision 91/241/EEC beginning of a title.
[1991] OJ L122/48.
If you refer to the Act by short title and year in the text of
36
Georg Verkehrsorgani v Ferrovie dello Stato (Case COMP/37.685) your work, you do not need to create a footnote because all
Commission Decision 2004/33/EC [2004] OJ L11/17. the information the reader needs about the source is already in
the text. If however you do not include the full title of the Act
Judgments of the European or relevant section in your text then footnote it as below.
Court of Human Rights
Cite judgments of the European Court of Human Rights 21
Gambling Act 2005.
(ECtHR) consistently throughout an assignment from one of
the following series: In-text example with pinpoint:
The statutory definition of remote gambling is “any gambling in
• European Court Reports (ECR) or which persons participate by the use of remote
communication.” 1
• Reports of Judgments and Decisions (ECHR) or
1
Gambling Act 2005, s 4.
• European Human Rights Reports (EHRR)
Pinpoints:
27
Osman v UK ECHR 1998-VIII 3124. To refer to a specific part, section, subsection, paragraph,
subparagraph or schedule, or more than one of these
Unreported EuropeanCourt elements, cite as follows:
of Human Rights Cases
Cite unreported judgments using the case name, application Term Abbreviation
number, then the Court and date of judgment in brackets.
part/parts pt/pts
23
Balogh v Hungary App no 47940/99 (ECtHR, 20 July 2004).
section/sections s/ss
Pinpoint:
To pinpoint, follow the case citation with a comma, ‘para’ or subsection/subsections sub-s/sub-ss
‘para(s)’ and the paragraph number(s) in square brackets.
paragraph/paragraphs para/paras
25
Omojudi v UK (2010) 51 EHRR 10, [paras 4-1].

subparagraph/subparagraphs subpara/subparas

schedule/schedules sch/schs

9
Consumer Protection Act 1978, s 2.

18
Human Rights Act 1998, sch 1 pt 1.

Explanatory Notes to Acts


When citing an explanatory note, precede the name of the
Act with the words ‘Explanatory Notes to the...’. If
pinpointing, cite the paragraph number(s) preceded by‘para’ or
‘para(s)’.

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Explanatory Notes to the Charities Act 2006, para 15.

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Bills Cite EU treaties and protocols as follows:
Cite a Bill as follows:
Reference order:
Reference order: Legislation title | [year] | OJ series | issue/first page

title | HC Bill | (session) | [number] OR title | HL Bill | 10


Consolidated Version of the Treaty on European Union [2008] OJ
(session) |number C115/13.
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:
6
Academies HL Bill (2010-11) 1, cl 8(2).
Legislation type | number | title | [year] | OJ series | issue/first
page

12
Council Regulation (EC) 1984/2003 of 8 April 2003 introducing a
D: Citing Secondary Legislation system for the statistical monitoring of trade in bluefin tuna, swordfish
and big eye tuna within the Community [2003] OJ L295/1.
Statutory Instruments
Cite a Statutory Instrument (SI) by name, year and number; Pinpoints:
leave out ‘the’ at the beginning of a title. To refer to an article or articles in EU legislation, follow the OJ
citation with a comma, then ‘art’ or ‘arts’ and the article
Reference order: number(s):

name | year | SI number 15


Consolidated Version of the Treaty on European Union [2008] OJ
C115/13, art 8.
12
Gambling Act 2005 (Amendment of Schedule 6) Order 2012/1633.
To refer to a paragraph or paragraphs in EU legislation follow
In the text of your work if you refer to the SI by name and the same sequence above but use ‘para’ or ‘paras’ instead.
date, you do not need to create a footnote because all the
information the reader needs about the source is in the text.

Pinpoints: F: Official Publications


Mirroring the rules for statutes, and in addition to those
abbreviations given above for parts of statutes, use the An official publication is any document issued by an
following for parts of statutory instruments: organisation that may be considered an official body, and
then made available to the public. These may include House
Term Abbreviation of Commons and House of Lords Papers and Bills, command
papers (including Green and White papers), Hansard (both
regulation/regulations reg/regs Commons and Lords), standing, select and Public Bill
committee debates, government responses to select
rule/rules r/rr committee reports, Law Commission reports plus others. If a
source has an ISBN, cite it like a book, otherwise official
article/articles art/arts parliamentary publications may be cited as follows:
15
Eggs and Chicks (England) Regulations 2009, SI 2009/2163, reg 7(2).
Law Commission Reports
Reference Order with pinpoint:
Law Commission, | Title | (Law Commission report number
E: Citing EU Legislation Command paper number where available, Year) [paragraph
number]
The most authoritative source for EU legislation is the Official
9
Law Commission, Unfair Terms in Contracts (Law Com No 292 Cm
Journal of the European Communities (OJ).
6464, 2005).

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
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How to cite sources of UK and EU
/
law CYHOE
Reference Order with pinpoint: DDUS
which the full details can be found.
Author, | Title | (Command paper number, Year) | page
number 5
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
author, author and author |title |(additional information,
number
|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 Materials, and Commentary (6th rev edn, OUP 2009).
(House of Lords) | volume number | column number |
(Date)
Book with more than three authors
If there are more than three authors, give the name of the
12
Hansard HC vol 508 col 1258 (8 April 2010). first author followed by ‘and others’.

Reference order:
author and others, | title |(additional information, |edition,|
G: Books publisher | year)

1
The publication details can usually be found on the title page in S Gardiner and others, Sports Law (3rd edn, Cavendish 2006).
hard copy (the page where the copyright information is on the
reverse) or on the homepage of an e-book. The author’s name Book with editor(s)
should appear exactly as in the publication, but initials and If there is no author, cite the editor as you would an author,
surname are also acceptable. The book title should always adding in brackets after their name ‘(ed)’ or ‘(eds)’ if there is
appear in italics. Give relevant information about the edition more than one.
before the publisher and year.
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 the
chapter and the chapter’s title in single quotation marks, then
Book with a single author give the editor’s name, the book title in italics and the
Reference order: publication information. In the Bibliography refer to the book as
author, | title | (edition, | publisher | year) a whole, leaving out the individual chapter details.

Reference order:
Example without pinpoint:
1 chapter author, | ‘chapter title’ | in editor (ed), | book title |
J Knowles, Effective Legal Research (2nd edn, Sweet & Maxwell
2009). (additional information, | publisher | year)

5
In-text example with pinpoint: T Weir ‘Tort’ in C Barnard, J O’Sullivan and G Virgo (eds), What
Knowles suggests that the best place to start legal research is about Law? Studying Law at University (2nd edn, Hart Publishing 2011).
with the books in the law library.1
Encyclopaedias
First citation in footnote: Cite an encyclopaedia as you would a book, but exclude the
1
J Knowles, Effective Legal Research (2nd edn, Sweet & Maxwell author / editor and publisher and include the edition and year
2009) para 1.3. of issue or reissue. Pinpoints to volumes and paragraphs come
after the publication information.
Subsequent citations in footnote:
If you refer to a source more than once in your footnotes, Footnote with pinpoint:
7
give the full citation at first mention (as above) and Halsbury’s Laws of England (5th edn, 2010) vol 45, para 25.
thereafter briefly identify the source and the footnote in

11
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How to cite sources of UK and EU
/
law CYHOE
H: Journal Articles (Print & e-Journals) DDUS
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
journals. Only include an issue number if pages begin at page 9
Andrew Ashworth, ‘R (singh) v Chief Constable of the
1 for each issue within a volume, if so put the issue number in West Midlands Police’ [2006] Crim LR 441 (note)
brackets immediately after the volume number. If citing the
whole article, give only the first page number. 10
‘Interim relief denied to musicians dropped from play: Ashworth and
ors v Royal National Theatre’ [2014] 1000 IDS Brief HR July (note)
Reference order:

author, | ‘article title’ | (year) | volume | journal name or


abbreviation | first page of article I: Websites and Blogs
[OR] To cite information from a website where the information is
in a format not otherwise covered in OSCOLA, proceed as
author, | ‘title’ | [year] | journal name or abbreviation follows:
| first page of article
Websites
Reference Order:
18
D Whitehead, ‘Messages on parenthood: the Human Fertilisation and
Author | ‘Web Page Title’ (Website, publication date) <url>
Embryology Bill’ (2008) 42 Law Teach 242. accessed date

15
‘Liberty and the Civil Liberties Trust’(A Year in Review, 2011)
Footnote with pinpoint: <http://www.liberty-human-rights.org.uk/newsletter/
If citing information from a specific page, add a comma after libertyyearinreview2011/index.html> accessed 10 August 2012.
the first page of the article and then the page where the
information can be found. Blogs
20
Reference Order:
R Owen, ‘The View at the Start of the Decade’ (2010) 44 Law Teach
author | ‘Title of blog post’ (title of blog, date of publication if
75, 82.
available) <url> accessed date
Note: 18
R English, ‘Defining “dignity” – nailing jelly to the wall’ (UK Human
Use a standard abbreviation for the journal title, these can be
Rights Blog, 8 August 2012) <http://ukhumanrightsblog.com/>
found in the Cardiff Index to Legal Abbreviations
accessed 10 August 2012.
http://www.legalabbrevs.cardiff.ac.uk/
23
K Broadhurst, ‘Not another brick in the wall?’ (9 Park Place
Online Only Journals Chambers, 4 June 2014) <http://www.9parkplace.co.uk/news-and-
If the journal title is published only online with no print events//2014/06/04/not-another-brick-in-the-wall/> accessed 15 July
equivalent or if the version of the journal article you have 2014.
read is online and lacks page numbers or other elements cite as
in the following example. Note: The quality of a web page with no author or date
needs to be questioned i.e. is it suitable for academic work?
Reference order: If no author is identifiable and it is appropriate to cite, begin
author, | ‘title’ | year | volume| journal name or abbreviation | with the first significant word of the title and include the rest of
<web address> | date accessed the details in the usual way.
7
H Power and B Dowrick, ‘Issues in Corporate Crime: An Introduction’ Live Hyperlinks
[1998] 2 Web J Current Legal Issues To remove live links in Word right click on the link and select
<http://webjcli.ncl.ac.uk/1998/issue2/power2.html> accessed 6 January ‘Remove hyperlink’.
2012.

Case Comments or Case Notes


Where these have titles treat them as journal articles (see
above), where there is no title, use the name of the case in

12
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Tables of Cases and Statutes and
/
Bibliography CYHOE
DDUS

Part 3 – Tables of Cases and Legislation 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)

Table of Legislation
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

How to compile tables of cases be separated into sub-sections for each category as
and statutes illustrated in Example 4.
(See Example 4 above)
Tables listing full citations for the primary sources of la w, Formatting the Table of Cases
typically case law reports and primary and secondary Case citations appear as in the footnote but note that case
legislation (Acts and Statutory Instruments) referred to in names are not italicised in a table of cases and should
your assignment should appear at the very beginning of appear in alphabetical order of the first significant word,
the work, on a separate page, preceding the main body of the e.g. 3 Giles v Thompson [1994] 1 AC 142 (HL). in a
text. Depending on the sources included, the list could footnote would become Giles v Thompson [1994] 1 AC
142 (HL) in the Table of Cases.

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Tables of Cases and Statutes and
/
Bibliography CYHOE
Note: no full stops or pinpoints are included for DDUS
Secondary Sources: books and journal
any source in a Table.
articles
Some examples of various forms of case name There are three rules for formatting books and journal
follow: Re Jones becomes Jones, Re articles in a bibliography:

Re W (Illegitimate Child: Change of Surname) becomes W 1. Reverse the name so that the surname is first.
(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 an
3. Pinpoints, leave these out but retain the starting page
essay on another area list by full name under ‘R’, also do this
number for journal articles.
for judicial review cases with the Crown as the first-named
party.) Books
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
shipping cases should be listed under the full case name, but In a bibliography:
also insert an additional entry in the table under the trade-
Smith J, The Law of Contract (4th edn, Sweet & Maxwell 2002)
mark or the name of the ship, using the first significant word
with a cross reference to the full name. In a bibliography, you may find you need to list several
Case T-344/99 Arne Mathisen AS v Council [2002] ECR II- books by the same author. These should be placed in
2905 becomes Arne Mathisen AS v Council (T-344/99) chronological order (starting with the oldest). There is no
[2002] ECR II-2095 (If not listed separately, EU cases need to repeat the author’s name. This can be replaced by a
should be arranged alphabetically by first party name in the double em-dash as follows:
table of cases, with the case number following the case name Hart HLA, Law, Liberty and Morality (OUP 1963)
in brackets.) — —Punishment and Responsibility (OUP 1968)
Formatting the Table of Statutes Arrange works in alphabetical order of author surname, with
Legislation should be listed in alphabetical order of the first any unattributed works listed at the beginning in
significant word of the title, not chronological by date of alphabetical order of the first major word of the title.
enactment.
Journal articles
Consumer Protection Act 1978
In a footnote with a pinpoint:
Gambling Act 2005
20
R Owen, ‘The View at the Start of the Decade’ (2010) 44 Law Teach 75,
Human Rights Act 1998
82.

In a bibliography where no pinpoint is necessary:


How to compile a bibliography
of secondary sources Owen R, ‘The View at the Start of the Decade’ (2010) 44 Law
(See Example 5 on page 15) Teach 75
A bibliography contains details of all the secondary sources
that have been referred to within the main body of the text Journal titles should appear in their full form in the
as well at those that have informed understanding and bibliography. Cardiff Index to Legal Abbreviations
analysis of the topic but which have not been directly cited http://www.legalabbrevs.cardiff.ac.uk/ can be used to check
(i.e. background reading). The bibliography should appear at the full journal title of any abbreviation.
the end of the main body of text and following any
appendices. Depending on the sources included, the list
could be separated into sub-sections for each category as
illustrated in Example 5:

Formatting
It is necessary to make slight changes to the way sources are
formatted for the bibliography.

Note: no full stops or pinpoints are included for any source.

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Tables of Cases and Statutes and
/
Bibliography CYHOE
DDUS

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

This document is available in Welsh. Mae’r ddogfen hon ar gael yn Gymraeg.


End of Guide

15

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