What’s New
Westlaw UK What’s New – May 2012

what's new

what's new

Welcome to the first issue of Westlaw UK What’s New for 2012.

We know it’s been a while since our last issue, but we’ve been working hard on our latest enhancements, which will launch as soon as successful final testing is completed.

Our latest enhancements include:

  • Legislation Overview document enhancements
  • Annotated Statutes archiving
  • Addition of Local Government Law Encyclopedias

As well as these, we look at the launch of the White Book 2012, as well as list out the twenty five new Book and Looseleaf titles to go live on Westlaw UK.

We also showcase the Health and Social Care Act and feature the content and benefits of Legislation on Westlaw UK.

As always, should you have any questions or comments please contact our Customer Training and Support Team on 0800 028 2200 or email customer.service@westlaw.co.uk

 

Enjoy the read!

 

The Westlaw UK team

 

THE MAY EDITION

LEGISLATION OVERVIEW DOCUMENT ENHANCEMENTS

New Overview Section – Legislation Citing
Westlaw UK would like to introduce you our new Legislation Analysis section; Legislation Citing.

To streamline and simplify your research we have replaced the General Materials section with a new Legislation Citing section within the Overview Document. This allows you to clearly review all the amendments to the sections, by provision (chronological order), type of amendment (section order) or by modification.

Legislation Analysis Document Enhancement – Journal Articles
We’ve also added links to books from the legislation analysis section.

Extended Coverage
Westlaw UK are happy to announce the extended coverage to Annotated Statutes.

Previously, you could only view legislation Annotations for the Law in Force, but you can now view Annotations for the following:

  • Law in Force versions
  • Future versions
  • Post-2007 superseded or repealed versions

General Notes
You can now link to the General Notes Library.

Customers who have access to Legislation Annotations will be able to view a General Notes Library on their Legislation search screen. By clicking on the General Notes Library link (shown below), you can access all General Notes available on Westlaw UK.

ANNOTATED STATUTES ARCHIVING

This month we’ve added two new journals for you to include in your research.

FREEDOM OF INFORMATION

Coverage: Begins with 2012

Content Highlights: Freedom of Information is the UK’s leading professional journal in the field of freedom of information law and practice.

Contents: Freedom of Information is an invaluable source of news, practical articles and expert guidance for all those working with freedom of information issues. The journal is a relevant to practitioners in government departments, non-governmental organisations, local authorities, law firms, professional services firms, police authorities, media companies, NHS Trusts, fire services and universities.

 

PRIVACY AND DATA PROTECTION

Coverage: Begins with 2012

Content Highlights: Privacy & Data Protection is Europe’s leading English language journal on practical data protection compliance issues.

Contents: Privacy & Data Protection is an invaluable source of news, practical articles and expert guidance for professionals in the fields of data protection and information security. The Editorial Board comprises the world’s leading experts in field of data protection and data privacy.

NORTHERN IRISH LEGISLATION

Content for Northern Ireland has been extended to cover the years 1996 to 1999.

Coverage now includes:

 

Westminster Enactments

  •  Public, General and Local Acts (1920 to 2011)
  •  Statutory Instruments (1940 to 2012)

Northern Ireland Assembly Enactments

  •  Acts of the Northern Ireland Assembly (2000 to 2012)
  •  Northern Ireland Orders in Council (1992 to 2009)
  •  Northern Ireland Statutory Rules (1996 to 2012)
NEW JOURNALS ON WESTLAW UK

This month we’ve added two new journals for you to include in your research.

 

THE JOURNAL OF CRIMINAL LAW

Coverage: Begins with 2004

Content Highlights: The Journal of Criminal Law provides detailed analysis of what is happening in the courts-at every level from magistrates’ court right up to the Supreme Court and the European Court of Human Rights.

Contents: The Journal of Criminal Law is a practical tool for students, lecturers and practitioners alike. It provides detailed analysis of what is happening in the courts-at every level from magistrates’ court right up to the Supreme Court and the European Court of Human Rights. Containing case notes, commentary and articles the journal is for anyone involved in the study, practice and administration of criminal law.

This database is a Premier Thomson database.

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THE POLICE JOURNAL

Coverage: Begins with 2004

Content Highlights: The Police Journal discusses the issues at the heart of policing and offers practical advice on how to tackle them.

Contents: Written by experts and read by the decision-makers, the Police Journal offers commentary on a wide range of subjects: police procedure, IT, crime statistics, current practices, and new laws affecting policy. The Police Journal is for all decision- and policy-makers, both within the police service and those working with the profession.

This database is a Premier Thomson database.

LOCAL GOVERNMENT ENCYLOPEDIAS ON WESTLAW UK

From Compulsory Purchase to Road Traffic law and much more, Westlaw UK provides you with online access to the expert authority of Sweet & Maxwell’s Local Government Law Library.

Titles on Westlaw UK include:

  • Encyclopedia of Compulsory Purchase and Compensation
  • Encyclopedia of Environmental Health Law and Practice
  • Encyclopedia of Highway Law and Practice
  • Encyclopedia of Housing Law and Practice
  • Encyclopedia of Local Government Law
  • Encyclopedia of Planning Law and Practice
  • Encyclopedia of Road Traffic Law and Practice

 

Benefits of Localaw Encyclopedias on Westlaw UK include:

SAVE TIME
Get fast and simple access to updated content with ‘one click’ functionality from Westlaw UK‘s Release Bulletins, taking you directly to the updated paragraphs. You also have no need to file looseleafs when new updates are published, just searc for the information you need.

FAMILIAR & CONSISTENT
Westlaw UK provides information in the same way as looseleaf encyclopedia’s, requiring no complex search techniques or jargon.
We’ve also ensured that all content has been replicated from printed titles to online, including all forms and precedents.

ACCESSIBLE
Gain access to consolidated legislation and expert annotations on issues directly affecting local government law and practice in one easily accessible location.

KEEP UP TO DATE
Be kept up to date with the latest legal developments and practice
area specific author commentary (information not
included in other looseleafs).

FUNCTIONALITY
Plus the added bonus of Westlaw UK’s intelligent functionality.
Local Government Encyclopedia’s on Westlaw UK are available as both an add-ons to a Westlaw UK subscription or as stand-alone titles. Speak to your Account Manager for more details.

BOOKS & LOOSELEAFS ON WESTLAW UK

 

This year we’ve added a number of new books and looseleafs to the service. You can read about each of the new titles below.

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Crown Court Index 2012

Authors: His Honour Ian McLean; His Honour Judge Sam Katkhuda; His Honour Judge John Dixon
LIVE NOW

The Crown Court Index 2012 is your essential index of common penalties and formalities in cases tried on indictment or committed for sentence in the Crown Court as well as appeals in criminal proceedings.

Each section presents an accurate and concise statement of the law, with a simple A-Z format and tinted thumb tabs which help you locate the information you need quickly and easily.

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Currie on Confirmation of Executors

Greens
LIVE NOW

There has been what is referred to as a “sexual revolution” in executry practice in recent years. The law now recognises civil partnerships for succession. It also now affords some financial protection for a cohabitee on the death of his or her partner. The rights of the test tube baby have been addressed. All have effects on succession and the confirmation process. The law relating to adult incapacity has also seen wholesale changes with the introduction of the continuing attorney, the financial guardian and the holder of an intervention order. This edition reports on the developing practice in relation to obtaining confirmation where an incapax is the executor. It is simple to see the absolute necessity for this new 9th edition of Currie on Confirmation of Executors.

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Disclosure

Authors: Paul Matthews; Hodge M Malek, QC
LIVE NOW

Disclosure provides an authoritative and detailed analysis of the law relating to the process by which parties to an action disclose to each other all documents relating to the action. It examines both substantive law and procedure, discussing the “who, what, how and when” of disclosure obligations and explaining the implications of non-compliance.

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Dymond’s Capital Taxes (L)

Authors: Chris Whitehouse; Emma Chamberlain
LIVE NOW

With intelligent commentary and guidance, Dymond’s Capital Taxes:

  • Provides straightforward introductory explanation of the basics of the tax before dealing with each category of property and the situations which occur in relation to them
  • Includes detailed worked examples which illustrate the commentary, ensuring no aspect of the tax is overlooked
  • Contains relevant reference material including: full text of relevant tax statutes, Statutory instruments, OECD conventions, Double Taxation Agreements, Extra-statutory Concessions and Statements of Practice
  • Provides a wealth of information, presented in a logical sequence to mirror your work flow
  • Includes in-depth coverage of the major changes to inheritance tax that have come about as a result of the Finance Act 2006
  • Offers regular updates including two annual Bulletins, which each take a particular aspect of IHT, discusses pre-owned assets tax in detail and in the context of IHT schemes
  • Includes recent case law including cases on reservation of benefit, deeds of variation and the meaning of interest in possession
  • Revised correspondence between STEP/CIOT and HMRC on Schedule 20 Finance Act 2006
  • Includes a CD-ROM to help you search for information fast and efficiently

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Encyclopedia of Housing Law and Practice (L)

General Editors: Andrew Arden, QC; Justin Bates; Victoria Osler; Stephanie Smith; Andrew Dymond
LIVE NOW

Providing the housing law practitioner with a wide range of housing information, including all relevant legislation with annotation, the Encyclopedia of Housing Law and Practice:

  • Clarifies points of law, outlines legal obligations, duties and entitlements
  • Covers every point of relevant legislation, as amended, beginning with the principal Housing Acts, followed by the principal Rent Acts and then other relevant statutes, for a complete source on housing law
  • Puts the law into context for you, with clear and in-depth annotations which expand upon each statute and comment on all appropriate judicial decisions
  • Covers the Housing Act 2004 and its on-going implications, with the Act fully reproduced together with annotations
  • Contains the relevant housing provisions of the Equality Act 2006
  • Includes over 500 SIs, supported with annotations which provide clarification, refer to relevant case decisions and note any amendments
  • Provides selected circulars, guidance and other relevant materials, ensuring you have everything you need in one essential reference
  • Includes new and improved reference tables to assist with navigation, and a new section of key definitions to provide easy access to the most common concepts in housing law
  • Keeps you up to date with all the developments through four updating releases per year

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Encyclopedia of Local Government Law (L)

General Editor: Professor S H Bailey
LIVE NOW

Incorporating full texts of Acts and regulations, and accompanied with a detailed commentary and full references to relevant judicial authorities, the Encyclopedia of Local Government Law:

 

  • Forms a complete reference work on the law affecting local authorities
  • Reproduces all the relevant legislation relating to local authority administration, including finance
  • Provides annotations which clarify the technicalities and explain the implications
  • Includes the Local Government Act 2003 with full commentary
  • Draws together relevant cases which have interpreted the legislation
  • Gives you an overview of the practical application of the law
  • Sets out, in tabular form, the powers and functions of different types of authorities
  • Contains key Department Circulars and memoranda
  • Enables you to check that the correct procedures are being followed
  • Reflects developments and changes in the law through new and replacement material
  • In 2012 there will be coverage of Localism Act 2011, and implementing delegated legislation. This will include major changes, including the introduction of a power of general competence and abolition of the previous standards regime. Bills relevant to local government before Parliament include the Local Government Finance Bill

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Encyclopedia of Highway Law and Practice (L)

General Editor: Stephen Sauvain, QC
LIVE NOW

Ideal for the practitioner dealing with all compliance issues, and including the full text of all relevant legislation with annotations, the Encyclopedia of Highway Law and Practice:

  • Offers an authoritative general introduction to the law covering the interests of the highway authority, the rights of the public, statutory undertakers, and the rights and duties of adjoining landowners
  • Provides full text of the Highways Act 1980, accompanied by annotations to, and commentary on, individual sections and explanatory introductions to each Part of the Act
  • Includes text of other relevant Acts with annotations and explanations where appropriate, as well as Rules and Orders, and Circulars.
  • Provides a one-stop reference source for the practitioner dealing with all compliance issues regarding highway law, traffic orders, footpaths, bridleways and Definitive Map Orders.
  • Keeps you fully aware of the latest developments with three updating releases a year, including one on the Local Transport Bill relating to local authorities’ power over bus routes and introducing road pricing to UK
  • In 2012, the overhaul of the coverage of the European legislation and commentary will be rolled out. This will be coupled with coverage of the further delegated legislation that will implement changes introduced by previous legislation. It will also cover the proposed changes to the law concerning dangerous and careless driving

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Encyclopedia of Compulsory Purchase and Compensation (L)

General Editor: Clive M Brand
LIVE NOW

For almost 50 years the Encyclopedia of Compulsory Purchase and Compensation has offered a complete and fully up-to-date guide to this complex area of the law. The two-volume looseleaf:

  • Provides a complete and up-to-date guide to the complex provisions of the law relating to compulsory purchase
  • Presents detailed coverage of the powers of relevant authorities
  • Examines the authorisation procedure for compulsory purchase orders, procedure after the order, and compensation
  • Explains the rules which regulate entitlement to compensation if a landowner or occupier suffers loss
  • Advises on the best methods and procedures for challenging compulsory purchase orders
  • Discusses and explains purchase notice and blight notice procedures
  • Provides tables which show the main Acts authorising acquisition in accordance with the Acquisition of Land Act 1981 and those which confer powers of acquisition not governed by the 1981 Act
  • Reproduces all the Acts, fully annotated, which comprise the general law relating to compulsory purchase and compensation
  • Includes the text of over 100 SIs and 40 circulars with expert commentary
  • Contains a section of case summaries which contains details of over 200 key judicial decisions including leading decisions of the Lands Tribunal

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Encyclopedia of Road Traffic Law and Practice (L)

Editors: Mark Lucraft; Hannah Willcocks; Alexandra Ward
LIVE NOW

The Encyclopedia of Road Traffic Law and Practice provides comprehensive, authoritative and up-to-date information on all aspects of road traffic law and practice. The six volumes are updated three times a year to keep readers abreast of the flow of new cases, legislation, statutory instruments and European material in this area.

 

  • Reproduces all relevant legislation and subordinate legislation, with clear detailed explanation and interpretations
  • Includes summaries of case law and separate sections devoted to procedure and EU materials
  • Contains fully annotated legislation so that technicalities are made clear, problem areas can be identified and the statutes put into context
  • Explains traffic sign regulations complete with illustrations so that nothing is overlooked
  • Includes European coverage such as the Directives on drivers’ hours and tacographs

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Encyclopedia of Environmental Health Law and Practice (L)

General Editors: Professor Neil Hawke; Neil Parpworth
LIVE NOW

A definitive source of reference whenever needing guidance on any aspect of this wide-ranging area of law, the Encyclopedia of Environmental Health Law and Practice:

  • Provides exhaustive coverage of the purpose and practical application of the legislation
  • Contains the full text of all relevant statutes, statutory instruments and Departmental circulars
  • Includes detailed annotations and commentary
  • highlighting the practical application of the law
  • Cover relevant case decisions

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Encyclopedia of Planning Law and Practice (L)

General Editors: Christopher Lockhart-Mummery, QC; Joseph Harper, QC; David Elvin, QC; Landmark Chambers team; Professor Malcolm Grant CBE
LIVE NOW

The most comprehensive source of information and guidance on planning law and policy, the Encyclopedia of Planning Law and Practice:

  • Includes all relevant legislation including EC legislation as well as domestic statutes and statutory instruments
  • Reproduces all the relevant policy documents for England and Wales, giving you access to up-to-date circulars, PPGs and PPSs, MPGs and MPSs, RPGs, and RSSs and TANs
  • Contains clear and in-depth annotations which explain each statement of the law and comment on all appropriate judicial decisions, so that the law is put into, context, technicalities are understood fully, and problems can be identified
  • Contains expanded expert commentary on the most important Government policy documents
  • Notes derivations of and amendments to legislation
  • Updated by monthly bulletins and quarterly looseleaf releases to keep you ahead of the changes

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International Agency, Distribution and Licensing Agreements

Author: Richard Christou
LIVE NOW

This popular work offers practical guidance on the negotiation and drafting of international agency, distribution and manufacturing agreements. It provides expertly drafted precedents, supported by general and clause-by-clause commentary on the legal and commercial aspects of their drafting and application.

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Keating on Construction Contracts

Authors: The Hon Sir Vivian Ramsey; Stephen Furst, QC
LIVE NOW

  • Provides detailed commentary on all issues relating to construction contracts
  • Gives practical help on interpreting legislation and analysing judicial decisions
  • Up-to-date references to case law, journals and other source material
  • Covers UK case law and relevant decisions from Europe and overseas
  • Includes Commentary on JCT Standard Form of Building Contract and Nominated Sub Contract
  • Features key sections of Housing Grants, Construction and Regeneration Act

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Law of Guarantees

Authors: Geraldine Andrews, QC; Richard Millett, QC
LIVE NOW

Frequently cited in court, this text is the leading work on guarantees written by experts in their field; Millett and Andrews. A practitioner focused text examining the law and practice of guarantees and surety, it covers everything required for work in this area.

  • Provides a detailed analysis of the various statutory and contractual requirements relating to the law of guarantees
  • Looks at the elements of a guarantee, its construction, and its enforcement
  • Covers all areas of law including guarantees for loans, consumer credit, hire purchase, landlord and tenant, building contracts and commercial contracts
  • Examines the guarantor’s liability and rights against both creditors and debtors
  • Discusses revocation of contracts and discharge of the surety
  • Deals with insolvency in relation to guarantees
  • Provides workflow solutions in the format of check-lists, specimen pleadings as well as 14 precedents for use in drafting, making your day-to-day work quicker and easier

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Lightman & Moss: Law of Receivers and Administrators of Companies

Authors: Sir Gavin Lightman; Gabriel Moss, QC; Professor Ian F Fletcher; Richard Snowden, QC; Hamish Anderson
LIVE NOW

Helping you to deal with all corporate insolvency matters, and extensively accepted as an authority on the law relating to administrators and receivers.

The new 4th edition:

  • Explains clearly the principal legislation and case law shaping receivership and administration practices
  • Highlights recent developments in corporate insolvency
  • Authoritative and practical guide to the law relating to administration and receivership of companies
  • Guidance to help clarify areas of uncertainty
  • Explains the procedure for appointment of receivers and administrators
  • Deals with the continuation of trading, disposals, and reorganisation, liquidation and receivership
  • Considers the issues relating to taxation, leases, set-off and liens, pensions and employees
  • Covers the position of bankers and creditors
  • Addresses the removal, resignation, termination and discharge of directors
  • Examines the case law generated under the new insolvency rules
  • Detailed coverage of Cross-Border issues
  • Full account is taken of the major developments in cross-border matters, both at common law and also under the European Insolvency Regulation and UNCITRAL Model Law
  • Leading cases and their impact are evaluated, including the decisions of the House of Lords in the HIH case; of Privy Council in the Cambridge Gas case, and those of the Court of Appeal in the Stanford and Rubin cases

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Megarry & Wade: The Law of Real Property

Authors: Dr Charles Harpum; Stuart Bridge; Dr Martin Dixon
LIVE NOW

Now in its 8th Edition, Megarry and Wade: The Law of Real Property provides a comprehensive and authoritative coverage of all aspects of the contemporary law of real property. It covers the whole of the English law of real property, together with related subjects such as conveyancing, leases and wills and intestacy, in a single volume, providing a vital tool for all property and conveyancing solicitors and barristers. Due to the book’s long history and its association with Sir Robert Megarry V.C. and Sir William Wade, it is viewed across the industry as a highly authoritative source of English Land Law

The 8th Edition:

  • Places the development of land law in a historical context and sets out clearly the legal framework for real property, enabling practitioners to put the current law in context
  • Incorporates the raft of recent legislation and case law that has transformed property law in England and Wales, including the Perpetuities and Accumulations Act 2009 and the Supreme Court’s decisions in Cobbe v Yeoman’s Row Management Ltd, Kernott v Jones and Berrisford (FC) v Mexfield Housing Co-operative Limited
  • Provides a comprehensive examination of the rights and liabilities of landowners, setting out the legal requirements, explaining the technical issues and providing authoritative interpretation of statutes and measured analysis of relevant decisions
  • Deals with the complex issues that can arise in relation to priorities between competing interests, highlighting potential issues and the means to resolve them
  • Includes extensive case referencing, showing how the law can be applied in practice

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O’Hare & Browne: Civil Litigation

Authors: John O’Hare; Kevin Browne
LIVE NOW

  • Provides a practical and comprehensive guide covering all areas of civil litigation in the High Court and County Court
  • Explains how the Civil Procedure Rules work in practice
  • Guides you through the procedure involved in any civil matter
  • Covers all stages of litigation in a logical sequence from pre-action to enforcement and appeals
  • Provides tactical and strategic advice, and recommends systems you can put in place
  • Includes examples to help clarify what you need to do
  • Deals with costs and funding
  • Provides references to court forms and relevant rules
  • Refers to the Civil Procedure Rules and The White Book
  • Fully up to date with the latest legislative developments
  • Written in an accessible narrative style

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Scrutton on Charterparties and Bills of Lading

Authors: Mr Justice Eder, QC; David Foxton, QC; Steven Berry, QC; Christopher Smith; Professor Howard Bennett
LIVE NOW

  • Provides and overview of the legal principles of Charterparties and Bills of Lading based on Scrutton’s original commentary and the accrued experience of previous authors
  • Covers the different types of charterparties: time charters, voyage charters, and demise charters, and lays out the nature, validity, and construction of each
  • Provides a first port of call for research when both drafting and disputing contracts
  • Helps clarify uncertainties in points of principle, illustrating them through a wide variety of case material
  • Deals with the contractual and technical challenges involved in the legal administration of leasing a commercial ship
  • Covers the 100 new related cases since the last edition
  • Defines bills of lading as contracts, and examines the liability of the shipowner for loss of or damage to goods
  • Examines the issue of damages for failure to load or carry cargo properly or in reasonable time
  • Looks at the consequences of not signing or presenting bills of lading
  • Discusses limitation of liability
  • Special features for the 125th Anniversary Edition include a biography of Scrutton written by the authors, articles and obituaries on Scrutton, plus a re-examination of key historic cases

If you would like to be alerted when new books or looseleafs are launched on Westlaw UK, or when new editions or supplements are added, then you can sign up for our eUpdate.

This is sent out only on those weeks when any of the aforementioned content is released. Sign up here.

*Books and Looseleafs are available as add-ons to a Westlaw UK subscription

ANNOTATED STATUTES ON WESTLAW UK

 

The following legacy Acts have been fully annotated since 1 January 2012 and are now available on Westlaw UK:

 

WESTMINSTER ACTS

  • Supply and Appropriation (Anticipation and Adjustments) Act 2012
  • Live Music Act 2012
  • Public Services (Social Value) Act 2012
  • Domestic Violence, Crime and Victims (Amendment) Act 2012
  • Welfare Reform Act 2012
  • Consumer Insurance (Disclosure & Representations) Act 2012
  • Health and Social Care Act
  • Water Industry (Financial Assistance) Act 2012
  • Protection of Freedoms Act 2012
  • Legal Aid, Sentencing and Punishment of Offenders Act 2012
  • Scotland Act 2012
  • Sunday Trading (London Olympic Games and Paralympic Games) Act 2012

 

SCOTTISH ACTS

  • Offensive Behaviour at Football and Threatening
  • Communications (Scotland) Act 2012
  • Budget (Scotland) Act 2012

 

NORTHERN IRELAND ACTS

  • Rates (Amendment) Act (Northern Ireland) 2012
  • Budget Act (Northern Ireland) 2012

You can find more information on the Annotated Statutes Service here.

*Please note the Annotated Statutes service is available as an add-on to a current Westlaw UK subscription.

CLUES & CUES

 

CASE ANALYSIS ON WESTLAW UK

 

WE’VE DONE ALL THE HUNTING, SO YOU DON’T HAVE TO.

We scour through full-text Case Reports, select the most important information and present it to you in simple easy-to-read Case Analysis Documents, saving you much needed researching time and effort.

We’ve gone ahead and done the hard work for you, with each analysis highlighting Where Reported, giving a Case Digest and Appellate History as well as Related Cases and All Cases Cited including Significant Cases. You can also view
All Cases Citing, Legislation Cited, Journals, Books and Looseleafs.

Westlaw UK also provides you with active links to connected cases, legislation, journal articles and commentary titles
mentioned, giving you one-click access to all the authority you need. Plus with our helpful visual status icons you can quickly assess whether a case is good law.

With close to 400,000 Case Analysis documents and counting, covering UK, Scottish, Welsh, Northern Irish and EU case law decisions you have unprecedented access to look beyond the facts and understand what a decision really means.

Just another way we are helping you to increase productivity, efficiency and success.

CASE ANALYSIS

The Case Analysis is a feature unique to Westlaw UK, and the best place to start when looking for relevant case law.

Rather than reading through several pages of a case report, a Case Analysis provides all the information you need in the first instance.

You can find the Case Analysis link in your case search results.

what's new

 

Each Case Analysis is one long Document, therefore you may find it quicker and easier to locate the information you need by using the menu on the left hand side of the page.

what's new

 

what's new

 

WHERE REPORTED
The first part of the case analysis lists all case report series that have reported the case. The list runs in order of persuasive authority of a particular law report series, with the ICLR at the top and newspaper reports and transcripts at the bottom as required by:

Practice Direction (CA: Citation of Authority) Also known as: Practice Note (CA: Citation of Reports) (CA (Civ Div)) Court of Appeal (Civil Division) [1995] 1 WLR 1096; [1995] 3 All ER 256 [ 1996] 1 WLR 854; [1996] 3 All ER 382 and Practice Direction (Form of Judgments) [2001] 1 Cr App R 29.

what's new

 

CASE DIGEST
This consists of the “Subject, Keyword” and “Catchphrase” fields, which distil the case into a few links and are useful to quickly grasp the key issues within the case. Together the three fields are also referred to as the Westlaw UK Taxonomy.

Also within the Case Digest you will find a summary and an abstract of the case.

  • Subject – the legal subject as assigned from a controlled vocabulary, e.g. Damages, Personal Injury, Criminal Law. The associated subject/s can be found in this section.
  • Keyword – terms contained in the Westlaw UK Legal Taxonomy describing issues involved in the case.
  • Summary – contains key phrases.
  • Abstract – the facts of the case and a summary of the decision. The summary section may also provide details of the Judge(s), Counsel and instructing Solicitors.

 

APPELLATE HISTORY
Delivers the direct, reported progress of the decision through to appeal, in chronological order.

 

RELATED CASES
This section contains a list of other cases between the same parties but on different points of law.

 

SIGNIFICANT CASES CITED
Provides a list of editorially selected cases cited within the Case Analysis. Click the case name and citation to retrieve it.

 

ALL CASES CITED
Lists all the cases that have been cited in the case. Cases are listed in reverse chronological order by default. The list can be re-sorted using the Sort by option and selecting Most Recent, A-Z or Court from the drop down list.

what's new

 

KEY CASES CITING
Provides a list of editorially selected cases citing the case.

 

ALL CASES CITING
List of all cases that have cited the case being viewed. The list can be re-sorted using the Sort by option and selecting Most Recent, Judicial Treatment, A-Z or Court from the drop down list. References within this section may be classified as positive, negative or neutral case descriptors and include the following:

 

POSITIVE CASE DESCRIPTORS

Approved
A higher court expressly states that another case before a lower court was correctly decided. In other words, it approves that decision and considers it to be good law. The alternative would be to disapprove the case.

Applied
Used where the court is applying the principle of a previous decision, the facts of which are materially different from those of the instant case. In other words, this descriptor is used where the court has employed the same reasoning in both cases, regardless of precedent.

Followed
The court is bound by a previous decision of a court of co-ordinate or superior jurisdiction in a case where the material facts upon which the principle was determined were the same or substantially the same.

 

NEGATIVE CASE DESCRIPTORS

Disapproved
The opposite of approved. A higher court states that another case before a lower court was not correctly decided. Often the circumstances have changed and the court suggests that the case may no longer be good law. (For cases where the judge expressly indicates that a case is no longer reliable authority, see SUPERSEDED below).

Doubted
The court in the annotating case, without going to the length of saying that the case is wrong, adduces reasons that seem to show that it is not accurate.

Not Applied
This descriptor is used rarely. It is appropriate where the court declines to apply a principle of a previous decision of a court of coordinate jurisdiction where it is not bound by that decision. This descriptor can be used, for example, if the judge is indicating the limit to which he thinks the applicability of a legal principle can or cannot be extended.

Not Followed
The court declines to follow a decision of a court of coordinate jurisdiction in a case where the facts were the same or substantially the same.

Overruled
The judge expressly overrules the ratio of a decision of an inferior court.

Overrulled In Part
As Overruled except that only part of the ratio is being overruled.

Superseded
This descriptor is applicable primarily in the context of practice directions that become superseded (or partly superseded – see descriptor below) by more recent practice directions. It is also used where the ratio of a case has been superseded by subsequent legislative provisions.

Superseded In Part
As above except that only part of the practice direction is being superseded.

NEUTRAL DESCRIPTORS

Cited
The case was cited as authority by counsel, but was not discussed in depth.

Considered
The court discusses a previous decision to a significant extent, but none of the other descriptors apply because there is no dramatic conclusion about its application.

Distinguished
The court declines to follow a previous case of superior or coordinate jurisdiction (by which it would otherwise be bound) because there is some salient difference, for example in the material facts. This is only an appropriate descriptor where the judge has recognised the relevance of the case to the issue in question. In other words, the judge, while indicating that the other case remains good law, has identified a specific reason why he is not bound by it on the facts of the case he is determining.

Referred To
Examples include (1) where the judge makes brief reference to other relevant cases where decisions are pending; (2) where a previous significant decision was ultra vires; (3) where a previous decision is cited by the judge for the purposes of placing the current case in a particular context, e.g. test cases.

Explained
The court interprets a previous decision and states what it means.

Mentioned
The case was mentioned in the proceedings but was not discussed in depth.

SIGNIFICANT LEGISLATION CITED
Provides a list of editorially selected legislation that is vital to understanding the case.

LEGISLATION CITED
Offers links to specific sections of legislation cited in the case. If legislation is not available on Westlaw UK no links will be available.

what's new

 

JOURNALS ARTICLES
A list of citations to relevant articles taken from legal journals and law reviews, with links to the full text (where available).

what's new

 

BOOKS
Offers links to specific sections of Commentary titles citing the case.

If you have any questions regarding Case Analysis please feel free to contact the Customer Training and Support Team on
0800 028 2200 or e-mail customer.service@westlaw.co.uk.

 

CURRENT AWARENESS CORNER

 

KNOWLEDGE MANAGEMENT & EMERGING TECHNOLOGIES*

Technology and outsourcing: exit and handover issues to watch out for (a case comment)

Outsourcing, offshoring, nearshoring, onshoring – what’s going on?

Exit plans in outsourcing contracts: some drafting lessons

 

RECENT RELATED CASES*

Ericsson Ltd v Hutchison 3G UK Ltd

Astrazeneca UK Ltd v International Business Machines Corp

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