LexisNexis(R) | Research Help

CaseBase Court Annotations

Related Topics

The CaseBase editors use various scopes of research to ascertain how the cases since they were heard have been treated in subsequent cases. The full list of reports covered in this research and the courts for the unreported judgments, are available via the CaseBase Scope/Coverage link.

In reviewing the cases, the CaseBase editor will note underneath the case details, what other cases have referred to this case subsequently, and how the court treated that decision. ie followed, distinguished etc. From this treatment the editor then applies the CaseBase signal, which is located next to the case name. You will also find a list of what cases did that case consider in its judgment. These are noted by an older date of judgment to the primary case.

Court Annotations
The following list of annotations are used by the court in the subsequent appeal proceedings or in the subsequent case where the primary case has been judicially considered.

The Cases referring to this case and Cases considered by this case list the following court annotations:

Applied	A principle of law articulated in the primary case is applied to a new set of facts by the court in the subsequent case.
Approved	The court in the subsequent case has approved the way the court in the primary case, being a court of inferior jurisdiction, has articulated a principle of law.
Cited	The primary case is merely cited by the court in the subsequent case, without comment.
Considered	The legal principles articulated in the primary case are considered or discussed without adverse reflection in the subsequent case.
Disapproved	The decision in the primary case is criticised by the court in the subsequent case.
Distinguished	The court in the subsequent case holds that the legal principles articulated by the primary case (usually otherwise persuasive or binding authority) do not apply because of some essential difference between the two cases in fact or law.
Explained	The decision reached in the primary case is justified by the court in the subsequent case, drawing attention to some feature of the primary case that may not be immediately obvious on its face.
Followed	This annotation is similar to ‘applied’, but is used in circumstances where the facts in the primary case resemble reasonably closely the facts in the subsequent consideration case.
Not followed	The court in the subsequent case has declined to apply the principles of law articulated in the primary case.
Overruled	The legal principles articulated in the primary case are held to be incorrect by the court in the subsequent case, which is a court of superior or equivalent jurisdiction.
Questioned	The court in the subsequent case has expressed doubt about the decision in the primary case, but does not actually determine that the principles of law in the primary case are incorrect.

The Appeal proceedings section of the CaseBase entry has the following annotations used by the courts:

Affirmed	The decision in the primary case is upheld on appeal.
Reversed	The decision in the primary case is overturned on appeal.
See	The decision in the subsequent case relates in some way to the primary case, but the court in the subsequent case is not assessing the merits of the related primary decision. Please note that prior to LexisNexis Butterworths’ acquisition of CaseBase, ‘See’ would sometimes be used in circumstances where editors now use ‘Cited’.
Varied	The decision in the primary case is only partly reversed or partly affirmed by the subsequent case. It is particularly used in circumstances where the court in the subsequent case has altered the quantum of damages awarded or the sentence imposed in the primary case.
Related	The decision in the subsequent case relates in some way to the primary case, but the court in the primary case is not assessing the merits of the earlier related decision.
Special Leave Granted	Special leave to appeal the decision in the primary case to the High Court or Privy Council has been granted.
Special Leave Refused	Special leave to appeal the decision in the primary case to the High Court or Privy Council has been refused.

What do the colours mean?

The colours merely highlight and draw attention to the particular types of treatment. They do not change or add to the meaning of the annotation.

Negative treatments - such as disapproved, not followed, overruled and reversed - are coloured red.

Positive treatments - such as followed, applied, approved and affirmed are coloured green.

Treatments indicating caution required - are coloured amber, and can be everything from a distinguishing or explaining treatment (indicating that the law is still good but does not apply in the circumstances), to a varying treatment to a questioning (sometimes called a 'doubting') treatment.

Neutral treatments - such as considered and cited, are coloured black.

Top