1. Introduction to Case Law
The importance of Case Law in the English legal system

2. The English legal system is a common law system
What is the difference between statute and common law?
Common law made by case decisions e.g. Most of Contract or Tort law
Statutes made by parliament BUT courts often have to interpret statutes so case law arises here as well e.g. Re the meaning of words or phrases used in an act of parliament

3. Case reports
If case decisions form part of the law we need to know what has been said
Case reports or Law Reports are very important
First paper reports produced in the 17th & 18th centuries but not organise or official
First official reports produced in 19th century
Many different reports are now used e.g. The Law Reports, The All England Law reports

4. How to find reports
All the main reports can now be found online using databases such as Westlaw or Lexis
See the information provided through Lawlinks on Library website or there is a link via the KLS website.
Some sites can be visited direct e.g. Supreme Court (SC) (House of Lords (HL) decisions available separately online)

5. Reading a case
Many cases are referred to in textbooks so you can read a short account of them
Sometimes valuable to read the judgement itself.
HL/SC and CA reports contain the judgments of all the judges hearing the case whether they agree with each other or not
Even the dissenting judgments can be valuable in later cases

6. Terminology
When reading a case we need to know what the decision was and the reason for the decision – the Ratio Decidendi
Judgments may also contain comments that do not affect the case under discussion but may affect later cases – these are comments made obiter dicta
Don’t worry about these phrases – they can be found in legal dictionaries – they are mentioned here as you may encounter them in textbooks or articles.

7. Case notes
These are very helpful – you have one in your materials – look at the information there. They contain the basic facts and outcome of the case and often some comment as well.
These can also be found on databases such as Westlaw.

8. Role of the courts
As well as trying criminal and civil cases courts also exercise some scrutiny or control over the executive.
Judicial review of executive action
Courts should be separate from the executive and legislature
Courts cannot change statutes only interpret them

9. Separation of powers Legislature (Parliament) Executive Judiciary
In theory all three should be separate from each other

10. Independence of the Judiciary
Why should the Judiciary be independent ?
The theory is that judiciary (courts) should be a check on the power of the executive and therefore protect citizens’ rights.
How independent is the judiciary?
Consider views of Griffith

11. Politics of the judiciary?
Griffith was convinced of their bias in decisions and argued for a limit on influence of judges
Argued that we cannot rely on judicial activism to safeguard liberties
Trusted democratic process far more and argued that a strong House of Commons leads to more open government.

12. Are these views valid? Some validity on bias of judges BUT
Consider courts’ findings against governments of recent times
Is there a danger in relying on judges who are not elected to maintain a citizen’s rights?
It is possible to argue against some of Griffith’s ideas

13. Who are the judges?
Are they all from wealthy upper middle class backgrounds?
All come from other sections of the legal professions
Compare with e.g. France
Look at Judicial Communications Office online
Information re all aspects of the judiciary

14. Judiciary Members of the Supreme Court ( Law Lords)
Lords Justices of Appeal
High Court judges
Circuit judges
Recorders
District Judges ( Criminal & Civil)
Lay Magistrates

15. Legal professionals Solicitors Barristers Legal Executives Paralegals
Magistrates’ Court Clerks
Local Government
Central Government
Criminal Defence Service
Public Defender Service
Law Commission

16. Solicitors & Barristers
How do they differ?
Not just the wigs and gowns!
Solicitors have a lot of direct contact with clients and normally engage the barrister on a client’s behalf.
Barristers thought of as ‘the advocates’ which they are but so are solicitors if they want to be.

17. In Practice Solicitors – often work in ‘firms’
Can now form ‘limited partnerships’
e.g. Souham & Runn LLP
Can also be just an employee of a firm or within large companies
Barristers are normally ‘self-employed’ and band together in Chambers
Some now work ‘in house ‘for solicitors or for large companies

18. Delivering Legal Services
Is it all about money?
Yes, but not perhaps in the way you expect.
Many legal type services available e.g. mediation, courts, public defender service, tribunals - to name a few
ALL need money
‘Lurking behind them all is the Treasury’

19. Public Defender Service
Provides a defence lawyer for anyone needing one in the courts.
Currently 4 PDS offices at:
Cheltenham, Pontypridd, Swansea & Darlington
Available 24/7 – advise those in custody & represent in court
Advice in police stations always free - court representation means tested

20. What about the free stuff?
Pro Bono work by solicitors & barristers ( e.g. Free Representation Unit)
Risk taking - CFA work and test case litigation
CABs
Other law centres e.g Community or KLS Law Clinic

21. ETHICS, CONTROL & REGULATION
The professionals all belong to professional bodies but regulation has or is changing.
What is best – self-regulation or outside control?
Self – regulation : has expertise of insiders who know the problems BUT may look like a closed shop to outsiders with complaints
‘Outside control’: complainants may have more confidence in system but do those making decisions have enough understanding of the profession?

22. Alternative methods of dispute resolution
Mediation
Settlement between parties
Arbitration - costs?
Tribunals – quick cheap & efficient?
Judicial Review