| 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. |
