Practice Direction on the Citation of Authorities: LCJ 9 Apr 2001

The court laid down rules for restricting the citation of authorities, which rules are to be applied in all courts except criminal courts. The increase in the number of judgments series being available had come to be problematic for all involved, and the need for economy and efficiency required restrictions. Cases cited should be relevant and useful. An advocate has a duty to draw the court’s attention to cases adverse to his own which were not cited by his opponent. Certain classes of judgments should not in future be referred to. Courts would pay more attention to the comments of a judge suggesting that the law was relevant to the particular case only. When citing a case, the advocate must state the proposition of law it supported, identifying relevant parts of the judgement. Bundles must include certificates by advocates as to compliance with this direction. Citations of judgments from foreign jurisdictions must follow the same rules and additionally confirm that the same proposition of law could not be supported from UK judgments.

Judges:

Lord Chief Justice

Citations:

Times 01-May-2001, [2001] 1 WLR 1002

Jurisdiction:

England and Wales

Cited by:

CitedPractice Direction (Judgments: Neutral citation) LCJ 17-Jan-2002
The practice of using the system of neutral Citation of judgements is extended to all divisions of the High Court where the judgement was given in London, with effect from January 14 2002. Numbers will be issued automatically in London, and on . .
CitedNapp Pharmaceutical Holdings Ltd v Director General of Fair Trading CA 8-May-2002
The applicant sought leave to appeal against a decision of the Competition Commission Appeals Tribunal.
Held: Since the decision of the tribunal did not involve questions of law, it fell exactly within the Cooke case, and the court should be . .
CitedAttorney General’s Reference No 3 of 2000 CACD 27-Jun-2001
The test of whether the behaviour of undercover police officers in instigating offending by the defendant crossed the line, so as to justify exclusion of their evidence, remains that the court must look at the extent of freedom of choice left to the . .
CitedGovernor and Company of the Bank of Scotland v Henry Butcher and Co and others CA 13-Feb-2003
The court fiercely criticised the failure of the defendant’s solicitors to follow the practice directions and to use references to the Weekly Law Reports wherever possible as citations. The court had been badly hampered in its hearing by that and . .
CitedDr A Lambiris v The Specialist Training Authority of the Medical Royal Colleges and the General Medical Council, the Secretary of State for Health – Interested Parties CA 8-May-2003
The applicant challenged the failure to register him properly to reflect his specialism for which he had been qualified in Greece.
Held: The Directive set out principles for the recognition of medical qualifications within the Union. The Order . .
CitedJennings and Another v Cairns CA 18-Nov-2003
Nieces had fallen out over their aunt’s estate. One niece had been closer than the others, and despite not properly understanding what she was doing the deceased had made lifetime gifts to the niece who was now executor. She appealed a finding of . .
CitedUphill v BRB (Residuary) Ltd CA 3-Feb-2005
The court considered an application for leave for a second appeal.
Held: Pursuant to the Practice Direction, the court certified that though this was an application for leave, it could be cited: ‘the reference in CPR 52.13(2)(a) to ‘an . .
CitedSher and Others v Chief Constable of Greater Manchester Police and Others Admn 21-Jul-2010
The claimants, Pakistani students in the UK on student visas, had been arrested and held by the defendants under the 2000 Act before being released 13 days later without charge. They were at first held incognito. They said that their arrest and . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 05 December 2022; Ref: scu.174748