New (law) students: what is case law and how to find it
An introductory guide to the sources of law and how you can find out more on the ICLR website… Continue reading
As a law student, one of the first things you will learn is where law comes from. In a common law jurisdiction such as that of England & Wales there are two primary sources: legislation, which is Acts of Parliament and statutory instruments made by Parliament; and case law.
But not all cases make law. In order to set a precedent, to change or clarify the law, a case needs to have been decided by a Court of Record. Broadly speaking, that means the High Court, or a High Court judge sitting in a court or tribunal of equivalent seniority (such as the Upper Tribunal or Employment Appeal Tribunal); and more senior, appellate courts such as the Court of Appeal and Supreme Court.
Decisions of lower courts, however interesting, cannot make new law.
Decision of higher courts are binding on those of lower courts, meaning the lower court must follow them. Where a point has been decided by a court of equivalent seniority, there needs to be a good reason to depart from the earlier decision.
ICLR has been publishing the precedent-setting decisions of the senior courts since 1865. We were specially set up for the purpose, by the Inns of Court and the Law Society, to provide a reliable, comprehensive service, at a moderate price. We are non-profit, a charity.
In the old days, everything was published on paper, and bound into books which are stored on shelves in law libraries. We still publish the main reports like that, but we also publish all of them and more online, here, on this website. In most educational institutions, you should be able to access it as part of your institution’s online resources. If not, contact your librarian. That’s what they’re there for.
For more background information on legislation and case law, the legal system and the courts, have a rummage around the Knowledge section of this website. Recommended articles include:
The courts and tribunals of England and Wales
Interactive guide to the different elements of a law report
Guide to ICLR law reports and their citations
Guide to UK law reports and their citations
ICLR’s Law Reports: An Explainer
What’s the difference between a “law report” and a “transcript”?
Can a case be a precedent if it hasn’t been published?