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Case details

Case details
The Case details section of the CaseBase entry displays details of the primary case such as the case name, citations, judge(s), court, judgment date and popular name. Subscribers to reports and/or unreported judgments can access the full text of the decision by clicking on the relevant link from the case citation where available. Unreported links are the BC numbers eg BC1999000223.
 
Abstract
An abstract, available for legally significant and high profile cases handed down since July 2009, appears at the top of the CaseBase entry and draws attention to notable features of those cases.
 
Catchwords & Digest
The catchwords appearing in bold text identify the main areas of law dealt with and provide the legal context of the primary case or article. The digest component states the legal issues considered and summarises the decision of the court or the argument of the article. Where a case or article deals with more than one major issue, a different set of catchwords and digests may be used for each issue.
 
CaseBase signals
The CaseBase signal appearing next to the primary case name indicates whether the decision has received positive, negative, cautionary or neutral treatment in subsequent judgments. The signal is a summary of the annotation information available from subsequent decisions in the litigation history and cases referring to this case tables. The CaseBase signals appearing after the citation of the cases listed under the 'appeal proceedings' and 'cases referring to this case' heading indicate the type of judicial treatment that each of these decisions has received. Clicking on these signals will take you to the CaseBase entry for these decisions.
More information about CaseBase signals.
 
Cases referring to this case
Decisions which have subsequently considered the primary case are listed here. The annotation appearing before the case name indicates how the primary decision was treated in each of these cases. The CaseBase signals appearing after the citation of the cases listed under this heading indicate the type of judicial treatment that each of these decisions has received. Clicking on these signals will take you to the CaseBase entry for these decisions. Subscribers to report series can access the full text of the decisions listed here by clicking on the relevant link from the case citation where available.
More information about CaseBase annotations.
More information about CaseBase signals.
 
Display and sorting
The Display drop-down list allows you to view cases based on the type of treatment they have given to the primary case. For example, choosing the "negative cases only" option will only display cases that have not followed, disapproved, overruled or reversed the primary case. There are four options available: negative cases only, negative and cautionary cases only, positive cases only or all cases.

The Sort by box contains three different options for sorting the cases that appear in the table under the heading you are looking at. Selecting any of these options will change the order in which the cases appear. You may choose to sort the cases by judgment date (latest first), alphabetically by case name or by annotation (negative annotations first).
 
Journal articles referring to this case
Journal articles considering the primary case are listed under this heading. Clicking on the CaseBase signal appearing after the citation of an article will take you to the CaseBase entry for that article. Subscribers to journals can access the full text of an article (where available) by clicking on its citation.
 
Words and phrases
Particular words or phrases considered in a case are listed here.
 
Litigation History
Listed here is both the prior and subsequent litigation history of the primary case. The annotations included in this table indicate whether the primary case is an appeal against an earlier decision, whether the primary case has itself been affirmed, varied or reversed on appeal and whether any judgments that are part of the same litigation are available.

The cases appearing in the litigation history table are listed in reverse chronological order.
 
Cases considered by this case
Cases that were referred to or considered by the primary case are listed under this heading.
 
Legislation considered by this case
Listed here are the legislative provisions referred to in the primary case.

Cases that receive CaseBase annotations

The Litigation History and Cases referring to this case sections of the CaseBase entry include cases that have later treated the primary case. Before the name of each subsequently considered case is the annotation used to describe the way the court in that particular case dealt with the primary case.

Descriptions of the annotations used in CaseBase

The following annotations are used to denote how the court in the subsequent appeal proceedings or the subsequent case has judicially considered the primary case.

The ‘cases referring to this case’ section of the CaseBase entry

Applied
Appl
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
Appr
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
Cons
The legal principles articulated in the primary case are considered or discussed without adverse reflection in the subsequent case.
Disapproved
Disap
The decision in the primary case is criticised by the court in the subsequent case.
Distinguished
Dist
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
Expl
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
Foll
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
Not foll
The court in the subsequent case has declined to apply the principles of law articulated in the primary case.
Overruled
Ovrr
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
Qstd
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 ‘Litigation History’ section of the CaseBase entry

Affirmed
Aff
The decision in the primary case is upheld on appeal or the primary case itself has affirmed an earlier decision.
Reversed
Rev
The decision in the primary case is overturned on appeal or the primary case itself has overturned an earlier decision.
Varied
Var
The decision in the primary case is only partly reversed or partly affirmed by the subsequent case, or the primary case itself has partly reversed or partly affirmed an earlier decision.
Related
Rel
The decision in the subsequent or earlier case relates in some way to the primary case, but the court in the primary case is not assessing the merits of the related decision.
Special Leave Granted
SLG
Special leave to appeal the decision in the primary case to the High Court or Privy Council has been granted or the primary case is a decision granting special leave to appeal against an earlier decision.
Special Leave Refused
SLR
Special leave to appeal the decision in the primary case to the High Court or Privy Council has been refused or the primary case is a decision refusing special leave to appeal against an earlier decision.

Note that different principles in the primary case may be treated differently in the subsequent case, so that combinations such as Applied/Distinguished are possible (indicating that one principle was applied and another distinguished).

The colours used for CaseBase annotations

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

Negative treatments such as disapproved, overruled and reversed are coloured red.

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

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

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

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