# Welcome to SMIRK Unit 5
OSCOLA referencing for legislation
and reports

- Aims of this unit
- Why do I need to cite?
- An example of correctly referenced text
- UK case law
- Which report do I cite?
- EU cases
- ECHR cases
- Example 2
- Statutes
- Welsh legislation
- Scottish legislation
- Northern Irish legislation
- EU treaties and legislation
- Conclusion
- Adding footnotes using Word
- Back to main index

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SMIRK - OSCOLA referencing by Cathie Jackson, Ian Bradley, Matthew Davies and Lynn Goodhew, Information Services, Cardiff University adapted by Marion Kelt Glasgow Caledonian University is licensed under a Creative Commons Attribution 4.0 International License. Based on a work at https://ilrb.cf.ac.uk/citingreferences/oscola/tutorial/.

# Aims of this unit

These pages will show you how to:

- cite cases and legislation, (the ‘primary’ sources of law), in the accepted way
- cite using OSCOLA, the Oxford Standard for Citation of Legal Authorities, fourth edition.

Part two will show you how to refer to ‘secondary’ sources such as books, journals and government reports in your work

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SMIRK - OSCOLA referencing by Cathie Jackson, Ian Bradley, Matthew Davies and Lynn Goodhew, Information Services, Cardiff University adapted by Marion Kelt Glasgow Caledonian University is licensed under a Creative Commons Attribution 4.0 International License. Based on a work at https://ilrb.cf.ac.uk/citingreferences/oscola/tutorial/

# Why do I need to cite?

Being able to accurately cite the source you have used in your work is an important academic skill.
Including citations in your work:

- Provides the relevant legal authority to support your work.
- Enables the reader to find the sources you have used.
- Helps you to avoid plagiarism as you are acknowledging where you have used other people's work or ideas.
- Demonstrates the range of research and variety of sources you used while preparing your work.
- Strengthens and supports your arguments by providing evidence from reliable and trustworthy resources.

Whenever you paraphrase or quote a source or use the ideas of another person, you need to cite.

- Insert a footnote marker after the full stop at the end of the sentence or after the word or phrase to which it relates.
- At the bottom of the page, note the footnote number and give the full citation.
- End the footnote with a full stop.

Number your footnotes continuously through your document, starting at 1. Here's how to use word to create footnotes.

Have a look at the example of a correctly referenced piece of text on the next page, then look at the tips at the foot of the page for more information.

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SMIRK - OSCOLA referencing by Cathie Jackson, Ian Bradley, Matthew Davies and Lynn Goodhew, Information Services, Cardiff University adapted by Marion Kelt Glasgow Caledonian University is licensed under a Creative Commons Attribution 4.0 International License. Based on a work at https://ilrb.cf.ac.uk/citingreferences/oscola/tutorial/

# An example

Barlow and James23 describe the treatment of opposite-sex cohabitants by the law as'schizophrenic' , sometimes treating them as if they were married and sometimes treating it as an inferior form of relationship. They note, for example, that under the Administration of Estates Act 1925, s 46 only a spouse will automatically inherit all or some of their spouse's estate where their husband or wife dies without making a will. Although the Inheritance (Provision for Family and Dependants) Act 1975, has in recent years been amended24 to give cohabitants of at least two years the right to make a claim in a similar situation, this is limited to financial provision for maintenance only.25 Barlow and James therefore suggest that 'the law applicable in the event of the death of a cohabitant is confused and contradictory'.26

23 A Barlow and G James, 'Regulating Marriage and Cohabitation in 21st Century Britain' (2004) 67 MLR 143, 147.
24 S 1(1)(a) and (ba) as substituted by the Civil Partnership Act 2004, s 71 and Sch 4 Pt 2 para 15(1) and (2).
25 Inheritance (Provision for Family and Dependants) Act 1975, s 2.
26 Barlow and James (n 23) 151.

#### How to cite

- Put single quotation marks around short quotes ('schizophrenic').
- Where the Act is noted in the text, a footnote is not required (Administration of Estates Act 1925).
- Refer to earlier footnotes using this method, rather than supra or op cit. (Barlow and James (n 23) 151)

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SMIRK - OSCOLA referencing by Cathie Jackson, Ian Bradley, Matthew Davies and Lynn Goodhew, Information Services, Cardiff University adapted by Marion Kelt Glasgow Caledonian University is licensed under a Creative Commons Attribution 4.0 International License. Based on a work at https://ilrb.cf.ac.uk/citingreferences/oscola/tutorial/

# UK case law

Cite UK cases like this:

All judgments in the High Court and above are now assigned a unique neutral citation by the court which helps identify cases which have been published on the internet even when they have not been reported in a law report series. For example:

Add the neutral citation immediately after the names of the parties and before the law report citation (if there is one). There is no need to note the court as this is indicated in the neutral citation.

Tip: Use round brackets if the year is not needed to identify the correct volume, for example (2003) 167 JP 621. If in doubt which to use, hide the date with your finger and ask yourself whether you could still find the report in the library. If you can, then use round brackets; if not, use square brackets.

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SMIRK - OSCOLA referencing by Cathie Jackson, Ian Bradley, Matthew Davies and Lynn Goodhew, Information Services, Cardiff University adapted by Marion Kelt Glasgow Caledonian University is licensed under a Creative Commons Attribution 4.0 International License. Based on a work at https://ilrb.cf.ac.uk/citingreferences/oscola/tutorial/

# Which report do I cite?

Judgments may be reported by any number of law reports. Some series are regarded as more authoritative than others. The Law Reports series is seen as the most authoritative as the text is approved by the judge involved before publication. You only need to cite the most authoritative series in which the case was reported.

Which one of the following citations should you use when citing Sheldrake v DPP [2004] UKHL 43? The answer is at the foot of the page.

1. [2005] 1 All ER 237
2. [2004] 3 WLR 976
3. [2005] 1 Cr App R 28
4. [2005] 1 AC 264

Hint: Always cite the most authoritative series which has reported the case. Here is the commonly recognised order of authority:

- The Law Reports (AC, QB, Ch, Fam)
- Weekly Law Reports
- All England Law Reports
- Specialist law reports, for example Lloyds Law Reports, Industrial Cases Reports, Reports of Patent Cases, Criminal Appeal Reports

All journal and newspaper reports are summaries, so should only be cited if the decision is not available in a full text report.

The correct answer is [2005] 1 AC 264. The report in Appeal Cases, part of The Law Reports series, is the most authoritative as the report has been approved by the judge before publication. QB, Ch and Fam are also part of this most authoritative series.

- [2005] 1 All ER 237: Wrong - the report in All England Law Reports provides a useful headnote, but All England Law Reports are not the most authoritative series.
- [2004] 3 WLR 976: Wrong - Weekly Law Reports is speedier than the other series in reporting the judgment, but it is not the most authoritative report.
- [2005] 1 Cr App R 28: Wrong - Specialist reports such as the Criminal Appeal Reports can be very useful, but they are not the most authoritative reports.

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SMIRK - OSCOLA referencing by Cathie Jackson, Ian Bradley, Matthew Davies and Lynn Goodhew, Information Services, Cardiff University adapted by Marion Kelt Glasgow Caledonian University is licensed under a Creative Commons Attribution 4.0 International License. Based on a work at https://ilrb.cf.ac.uk/citingreferences/oscola/tutorial/

# EU cases

#### Judgments of the European Court of Justice (ECJ) and General Court (GC)

Cite an EU case using the prefix ('Case C-' for the ECJ or 'Case T-' for the GC), case registration number then the name of the case in italics followed by the report citation. Example:

- Case T-344/99 Arne Mathisen AS v Council [2002] ECR II-2905
- Case C-556/07 Commission v France [2009] OJ C102/8

#### Opinions of the Advocate General

When citing an opinion of an Advocate General, add a comma and the words 'Opinion of AG [name]' after the case citation. Example:

- Case C-411/05 Palacios de la Villa v Cortefiel Servicios SA [2007] ECR I-8531, Opinion of AG Mazák

Tips Where possible, refer to the European Court Reports (ECR) - if the judgment is not reported in the ECR then use the Common Market Law Reports (CMLR). For an unreported case, cite the relevant notice in the Official Journal. If the case is not yet reported in the Official Journal, then cite the case number and case name, followed by the court and date of judgment in brackets. Do not add the prefixes 'Case C-' or 'Case T-' to pre-1989 cases.

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SMIRK - OSCOLA referencing by Cathie Jackson, Ian Bradley, Matthew Davies and Lynn Goodhew, Information Services, Cardiff University adapted by Marion Kelt Glasgow Caledonian University is licensed under a Creative Commons Attribution 4.0 International License. Based on a work at https://ilrb.cf.ac.uk/citingreferences/oscola/tutorial/

# ECHR cases

#### Judgments of the European Court of Human Rights

Where possible, refer to the official reports, the Reports of Judgments and Decisions (ECHR) or the European Human Rights Reports (EHRR).

Cite a case in your work by the party names, year published, volume, law report abbreviation and the page number.

Example: Omojudi v UK (2010) 51 EHRR 10

Tips For an unreported case, give the application number and then the court and the date of the judgement in brackets. Prior to 1996 the Reports of Judgments and Decisions (ECHR) were known as Series A and numbered consecutively.

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SMIRK - OSCOLA referencing by Cathie Jackson, Ian Bradley, Matthew Davies and Lynn Goodhew, Information Services, Cardiff University adapted by Marion Kelt Glasgow Caledonian University is licensed under a Creative Commons Attribution 4.0 International License. Based on a work at https://ilrb.cf.ac.uk/citingreferences/oscola/tutorial/

# Example 2

Hints on how to reference the highlighted text are given in the bulleted list below.

The decision in Mullin v Richards 14 confirmed in English law the test of the standard of care required of child defendants, following the Australian case of McHale v Watson.15 The defendant in Mullin was a child aged 15 and Hutchison LJ said that in determining whether she had been negligent the question ... is not whether the actions of the defendant were such as an ordinarily prudent and reasonable adult in the defendant's situation would have realised gave rise to a risk of injury, it is whether an ordinarily prudent and reasonable 15-year-old schoolgirl in the defendant's situation would have realised as much.16

14 Mullin v Richards [1998] 1 WLR 1304 (CA).
15 McHale v Watson (1966) 115 CLR 199.
16 Mullin (n 14) 1308.

- Mullin v Richards: Where parties are individuals, omit given names and initials
- Mullin: Cite a case name in full the first time you mention it in the text or footnote. It may be shortened thereafter.
- Hutchison LJ: The name of a Court of Appeal judge is abbreviated this way unless a peer.
- ... is not whether: Quotations longer than three lines should be indented both sides, without quotation marks.
- (n 14): Refer to earlier footnotes using this method, rather than supra or op cit. You may use Ibid to refer to the immediately previous footnote.
- 1308: The quote was from page 1308.

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SMIRK - OSCOLA referencing by Cathie Jackson, Ian Bradley, Matthew Davies and Lynn Goodhew, Information Services, Cardiff University adapted by Marion Kelt Glasgow Caledonian University is licensed under a Creative Commons Attribution 4.0 International License. Based on a work at https://ilrb.cf.ac.uk/citingreferences/oscola/tutorial/

# Statutes

Cite an Act by its short title and date. To refer to a particular element of the Act use s or ss (section or sections), Pt (Part) or Sch and para (Schedule and paragraph within a schedule).

#### Statutory Instruments

Cite a SI by its name, date and serial number. To pinpoint, or refer to a particular section of the document, use art or arts (for example within an Order), reg or regs (within Regulations) or r or rr within Rules.

- Deregulation (Greyhound Racing) Order 1995, SI 1995/3231 art 3

Tip: When referring to an Act or SI, cite the name of the legislation (including the year) in the text. Do not create a footnote for legislation that has been cited in your text.

Bills

Cite a Parliamentary Bill by its name, whether it is a House of Commons Bill (HC Bill) or from the House of Lords (HL Bill), the Parliamentary session and the running number assigned to the Bill. House of Commons Bills are numbered within square brackets. To pinpoint a clause in the Bill, use cl and cls.

- Identity Cards HC Bill (2005-06) [49] cls 4-6
- Identity Cards HL Bill (2005-06) 28, cl 4

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SMIRK - OSCOLA referencing by Cathie Jackson, Ian Bradley, Matthew Davies and Lynn Goodhew, Information Services, Cardiff University adapted by Marion Kelt Glasgow Caledonian University is licensed under a Creative Commons Attribution 4.0 International License. Based on a work at https://ilrb.cf.ac.uk/citingreferences/oscola/tutorial/

# Welsh legislation

#### Measures of the National Assembly for Wales

Measures of the National Assembly for Wales, the primary legislation made by the Assembly between 2006-2011, are cited by short title followed by the year then the National Assembly for Wales (nawn) number in round brackets. If writing in Welsh, use the Welsh title of the measure and the abbreviation mccc.

Example: Red Meat Industry (Wales) Measure 2010 (nawm 3)

#### Statutory Instruments

Statutory Instruments are cited by title, year then SI number followed by a Welsh SI number, prefixed by W (or Cy if writing in Welsh) in round brackets.

Example: The Tuberculosis (Wales) Order 2011, SI 2011/692 (W 104)

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SMIRK - OSCOLA referencing by Cathie Jackson, Ian Bradley, Matthew Davies and Lynn Goodhew, Information Services, Cardiff University adapted by Marion Kelt Glasgow Caledonian University is licensed under a Creative Commons Attribution 4.0 International License. Based on a work at https://ilrb.cf.ac.uk/citingreferences/oscola/tutorial/

# Scottish legislation

#### Acts of the Scottish Parliament

Acts of the Scottish Parliament are cited by short title followed by the year then 'asp' (Act of the Scottish Parliament) and the running number in round brackets.

Example: Crofting Reform etc Act 2007 (asp 7)

#### Bills of the Scottish Parliament

Bills before the Scottish Parliament are cited by Scottish Parliament Bill number and title, followed by the printing in square brackets, the session and then the year in round brackets. Amended versions of a Bill are identified by the use of an alphabetical suffix.

Example:

- SP Bill 4 Abolition of Feudal Tenure etc (Scotland) Bill [as introduced] Session 1 (1999)
- SP Bill 4A Abolition of Feudal Tenure etc (Scotland) Bill [as amended at Stage 2] Session 1 (2000)

#### Statutory Instruments

Statutory Instruments are cited by title, year followed by the Scottish Statutory Instrument year and number.

Example: The Food Additives (Scotland) Regulations 2009, SSI 2009/436

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SMIRK - OSCOLA referencing by Cathie Jackson, Ian Bradley, Matthew Davies and Lynn Goodhew, Information Services, Cardiff University adapted by Marion Kelt Glasgow Caledonian University is licensed under a Creative Commons Attribution 4.0 International License. Based on a work at https://ilrb.cf.ac.uk/citingreferences/oscola/tutorial/

# Northern Irish legislation

#### Acts of the Northern Ireland Assembly

Acts of the Northern Ireland Assembly, which was established in 1998, are cited by the short title followed by 'Northern Ireland' in round brackets and then the year.

Example: Employment Act (Northern Ireland) 2010

#### Acts of the Parliament of Northern Ireland

Acts of the former Parliament of Northern Ireland (1921-1972) are cited by the short title followed by 'NI' in round brackets and then the year.

Example: Charities Act (NI) 1964

#### Orders in Council for Northern Ireland

Orders in Council for Northern Ireland are cited by title followed by 'NI' in round brackets and then the year.

Example: Criminal Justice (NI) Order 2008

#### Statutory Rules

Statutory Rules are cited by title, year then the Statutory Rule year and number.

Example: The Flavourings in Food Regulations (Northern Ireland) 2010, SR 2010/414

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SMIRK - OSCOLA referencing by Cathie Jackson, Ian Bradley, Matthew Davies and Lynn Goodhew, Information Services, Cardiff University adapted by Marion Kelt Glasgow Caledonian University is licensed under a Creative Commons Attribution 4.0 International License. Based on a work at https://ilrb.cf.ac.uk/citingreferences/oscola/tutorial/

# EU treaties and legislation

Primary legislation from the EU comes in the form of treaties. When citing EU treaties give the title of the treaty followed by the year of publication, the Official Journal series and the issue and page numbers.

Example:

- Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community [2007] OJ C306/01

Secondary legislation from the EU comes in a variety of forms including Regulations, Directives and Decisions. When citing EU legislation for the first time, note the Legislation type, its number and title, then publication details from the Official Journal (OJ) of the European Union. The OJ citation is given in the order: [year] OJ series Number/Page.

Example:

- Council Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society [2001] OJ L167/10

In subsequent footnotes a short form of the legislation title may be used, provided warning is given in brackets in the initial footnote.

Example:

- 1 Council Directive 93/104/EC concerning certain aspects of the organisation of working time [1993] OJ L307/18 (Working Time Directive)
- 4 Working Time Directive, art 2

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SMIRK - OSCOLA referencing by Cathie Jackson, Ian Bradley, Matthew Davies and Lynn Goodhew, Information Services, Cardiff University adapted by Marion Kelt Glasgow Caledonian University is licensed under a Creative Commons Attribution 4.0 International License. Based on a work at https://ilrb.cf.ac.uk/citingreferences/oscola/tutorial/

# Conclusion

This concludes our section on OSCOLA referencing for legislation and reports. Part two shows you how to cite other published and online material.

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SMIRK - OSCOLA referencing by Cathie Jackson, Ian Bradley, Matthew Davies and Lynn Goodhew, Information Services, Cardiff University adapted by Marion Kelt Glasgow Caledonian University is licensed under a Creative Commons Attribution 4.0 International License. Based on a work at https://ilrb.cf.ac.uk/citingreferences/oscola/tutorial/

# Adding footnotes using Word

- Click in the text to indicate where the footnote marker should be inserted (for example after the full stop at the end of the sentence).
- From the 'References' menu in Word click on 'Insert Footnote'.
- You will be prompted to type in the text of your footnote. Remember to end your footnote with a full stop.
- Click in your text to continue typing.

You can speed up the process by using the Word shortcut instead, pressing the Ctrl, Alt and F keys together.
To delete a footnote completely, delete its footnote marker in the text.
OSCOLA footnotes can also be created in Word using EndNote or other reference management software.

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SMIRK - OSCOLA referencing by Cathie Jackson, Ian Bradley, Matthew Davies and Lynn Goodhew, Information Services, Cardiff University adapted by Marion Kelt Glasgow Caledonian University is licensed under a Creative Commons Attribution 4.0 International License. Based on a work at https://ilrb.cf.ac.uk/citingreferences/oscola/tutorial/