Your OSCOLA referencing guide – for students of Law at York St John University
OSCOLA Referencing
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INFORMATION LEARNING & ESTATES
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Contents About This Guide
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What is Referencing?
6
Why Do It?
7
Citing in the Body of the Text
8
Quoting in the Text
12
Footnotes
14
More Advice on Case Names
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Case Citations
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European Case Citations
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Legislation Citations
30
Punctuation
34
Secondary Referencing
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Tables of Cases, Table of Legislation, and Bibliography
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Layouts for Your Footnotes and Bibliography
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Frequently Asked Questions
116
Study Support: Your Academic Liaison Librarian
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Study Support: Online Help
119
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OSCOLA REFERENCING
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About This Guide This guide is designed to help you understand how to cite and reference your information appropriately using the Oxford University Standard for Citation of Legal Authorities (OSCOLA) system of referencing. The guide is intended to give you help with some of the common types of information you may need to cite and reference. It is not possible to include every single type of information but once you are familiar with our guidance, you should be able to use it to create references for types of information which are not included.
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OSCOLA REFERENCING
What is Referencing? Referencing is a way of acknowledging that you have used the ideas and written material belonging to another author. It tells everyone who reads your work where those ideas came from. It also demonstrates that you have undertaken an appropriate literature search and carried out appropriate reading. Include all the necessary information you can about each source that you reference. It is essential to maintain consistency in how you reference throughout your essay. The following are examples of sources you might access and need to reference: zz zz zz zz zz zz zz zz zz
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Case law Legislation Reports and policy documents Books and e-books Journal and e-journal articles Web pages and blogs Video and audio recordings/clips Newspapers Radio/TV broadcasts
Sources of law As a law student you are likely to want to reference both primary and secondary sources of law. Primary sources of law such as case law and legislation, from the UK, the European Union and European Court of Human Rights, are included in this guide. Secondary sources of law such as books, journal articles, official publications (such as UK parliamentary papers and debates), newspapers and webpages are also included.
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Why Do It? zz Anyone reading your assignments should be able to trace the sources you have used in the development of your work. zz Referencing gives you the opportunity to demonstrate the work you have put into creating your assignment. If you’ve done a lot of hard work, why keep quiet
zz Good quality references give you a good basis for your argument. zz Accurate referencing is good academic practice and enhances the presentation of your work. If you have referenced fully and accurately you can be sure that you won’t be accused of plagiarism.
about it? zz Referencing allows you to show which parts of the assignment are your own thoughts, ideas and evaluation.
zz Accurate referencing can improve your marks!
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OSCOLA REFERENCING
Citing in the Body of the Text When you have used an idea from a book, journal article or other source, you must acknowledge this in your text. We refer to this as ‘citing’. When you cite a piece of work you use a number which will correspond with the full details of the case, legislation, book, journal article etc. which will be listed in a footnote at the bottom of the page. This ‘note reference number’ should be written in superscript. Whenever possible, this number should come at the end of the quote or idea that is being referenced, following any punctuation, so as not to interrupt the flow of your writing.
The report emphasises that the research was inconclusive.1
Make use of the following guidance when referring to authors, cases, legislation, judge names and so on, within the text of your assignment.
Citing an author/editor If the source has up to three authors/editors you can cite all of their surnames within the text and footnotes.
Finch emphasized the importance of the ability to identify, locate and understand the law.12
Finch, Francis and Fafinski emphasized the importance of the ability to identify, locate and understand the law.12
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CITING IN THE BODY OF THE TEXT
Citing more than three authors If the source has more than three authors/editors you can cite the first author’s surname followed by the words ‘and others’ in the text and in footnotes.
Finch and others emphasized the importance of the ability to identify, locate and understand the law.12
Citing a case Use italics for a case name in the form first party v second party: … as outlined in Patterson v Munk18 …
Once the full case name has been provided in the text, it can be referred to subsequently in its short form: … in the case of Patterson21 …
For more information on case citations and short form citations, see pages 46–50.
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OSCOLA REFERENCING
Citing the name of a judge in a case Generally you can use the full or short form of a judge’s name in the text: Mr Justice Choudhury was of the opinion that …
Choudhury J was of the opinion that …
Forenames are not used unless there are two judges with the same surname. If in doubt use the full form: Mr Justice John Smith stated …
John Smith J stated …
For more information on citing judge’s names and short form citations see page 17.
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CITING IN THE BODY OF THE TEXT
Citing legislation The first time you cite a piece of legislation, and at the beginning of a sentence, use the full title of the statute followed by the year: The Human Rights Act 1998 section 12 sets out rights related to the freedom of expression5.
Following this a short form of the statute name can be used (it is helpful to identify the abbreviation you are going to use in the first footnote) along with the year of the statute: ‌ as set out in HRA 1998 s 12.7
If you are referring to the same statute numerous times you can omit the short form name and just use the year, as long as it is obvious which statute you are referring to: ‌ as set out in the 1998 Act.10
If you have included all of the information about the statute (its title, year and section) within the text, a footnote is not essential. For more information on legislation citations see page 30.
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OSCOLA REFERENCING
Quoting in the Text Often it is better to paraphrase than to use direct quotes. Paraphrasing is putting text from source material into your own words. This demonstrates that you have understood the meaning and context of what you have read. You must always reference paraphrased material. However, if a direct quote from a publication is used, you should: zz use single quotation marks, where quotes are no longer than three lines zz place the note reference number at the end of the passage you are quoting zz where relevant, use an ellipsis (three dots, or full stops) to indicate that part of the original text has been omitted from the quotation zz where relevant, have a separate, indented paragraph for quotes that take up more than three lines of text, and increase space between your writing and the text you are quoting, such as in the example below (as you’re indenting, there is no need to use quotation marks): Lord Hoffmann reasoned as follows: It seems to me logical to found liability for damages upon the intention of the parties ‌ It must be in principle wrong to hold someone liable for risks for which people entering into such a contract in their particular market, would not reasonably be considered to have undertaken.7
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QUOTING IN THE TEXT
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OSCOLA REFERENCING
Footnotes The footnote corresponds to the ‘note reference number’ and should be placed at the bottom of the page. If you use the ‘insert footnote’ function in your word processor, footnote numbering and placement will happen automatically. In Microsoft Word, for example, position your mouse’s cursor where you want your superscript number to be then select References, Insert Footnote. Alternatively, you can achieve superscript by highlighting the desired text, right-clicking on it, and selecting Font, Superscript. Footnotes should always end with a full stop.
Ordering your footnotes There should only be one footnote per sentence, but you may wish to cite more than one source within a single footnote. zz If you are citing more than one source of the same type in a footnote put them in chronological order, i.e. the oldest first. zz If legislation and cases are cited within the same footnote, list the legislation first. zz If primary and secondary sources are cited within the same footnote, the primary sources, such as legislation and cases, should be listed first, followed by secondary sources, such as books, journal articles and reports. zz Separate each of the sources within a single footnote by using a semi-colon.
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FOOTNOTES
First and subsequent footnotes The first time you refer to a source, cite it fully including a specific ‘pinpoint’ reference to a page or paragraph where relevant. When you reference the same source again, you can continue to use a full footnote reference, but you can also shorten your references by using ‘cross-citation’. For legislation, you use a shortened form of the source name such as author surname, abbreviated case name or first party name, short name or abbreviation. If you use a short form which isn’t obvious from the original reference, include this after the original citation in round brackets: ( ) If you are referencing several works by the same author, include the title of the work, or a shortened form of the title, in order to distinguish them. You can also use a note (n #) to link subsequent footnotes back to the full citation given in the first footnote. If you reference the same source in consecutive footnotes you can use the abbreviation ‘ibid’ in the second footnote, to indicate that you are citing the same source as the preceding reference, then add a pinpoint to a page or paragraph. The term ‘ibid’ must only be used in relation to a reference immediately before it. See the example below:
1. Lucasfilm Ltd v Ainsworth [2011] UKSC 39, [2012] 1 AC 208. 2. Copyright, Designs and Patents Act 1988 (CDPA 1988). 3. Ron Moscona, ‘Stormtroopers Suffer Crushing Defeat in English Court: Star Wars Copyright Decision Serves as a Reminder to the Creative Industries’ (2010) 22(6) Intellectual Property & Technology Law Journal 19. 4. ibid 20. [Referring to page 20 of the journal article in footnote 3] 5. CDPA 1988, s 5B. [Referring to section 5B of the legislation in footnote 2] 6. Lucasfilm (n 1) [44]. [Referring to paragraph 44 of the case in footnote 1] 7. Moscona (n 3) 21. [Referring to page 21 of the journal article in footnote 3]
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OSCOLA REFERENCING
Short forms of legislation The short form for a statute or statutory instrument is the initials of the main words in the title: zz Dangerous Dogs Act 1991 would become DDA 1991. zz Soft Drinks Industry Levy Regulations 2018 would become SDILR 2018. Do not use popular names for legislation such as ‘Lord Campbell’s Act’, ‘Sarah’s law’ or the ‘Heroes’ Bill.
Short forms of case names Usually the first named party would be used in the short form. There are some exceptions to this: zz Popular names for cases can be used: A v Secretary of State for the Home Dept; X v Secretary of State for the Home Dept [2004] UKHL 56, [2005] 2 AC 68 could be referred to as the ‘Belmarsh decision’ as long as this short form is added at the end of the first footnote. zz In criminal law it is common to shorten case names using the second party name, if the first party name is R: R v Patterson would become Patterson zz In case names for judicial review applications: R v Lord Chancellor, ex p Witham would become Witham R (Roberts) v Parole Board would become Roberts zz In case names where the first party is the Attorney General: Attorney General’s Reference (No 13 of 2009) R v H becomes A-G or A-G (2009) or A-G (R v H)
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FOOTNOTES
Short forms of judges’ names Short forms of judges’ names are usually the judge’s surname followed by the recognised abbreviation for their judicial office. Some guidance is given overleaf on how to use the short form in footnotes. If in doubt use the full form. Refer to the official OSCOLA guide for further help; check our Frequently Asked Questions on page 116 for details.
Court
Full form
Short form
Short form – more than one judge
High Court
Mr or Mrs Justice Smith
Smith J
Smith and Jones JJ
Court of Appeal
Lord or Lady Justice Smith
Smith LJ
Smith and Jones LJJ
Court of Appeal (peer)
Lord or Lady Smith
N/A – use full form
Lord Smith and Lord Jones
House of Lords (‘Law Lord’)
Lord or Lady Smith
N/A – use full form
Lord Smith and Lord Jones
Supreme Court
Lord or Lady Smith
Lord or Lady Smith SCJ
Lord Smith and Lord Jones SCJJ
Supreme Court (President)
Lord or Lady Smith
Lord or Lady Smith P
N/A
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OSCOLA REFERENCING
More Advice on Case Names Case names can be quite complicated, so try to follow the tips and examples below: Do: 99 provide party names in italics, in the text and in footnotes. 99 use a lower case, italic v without punctuation between the party names, in the text and in footnotes. 99 name only the first claimant and first defendant, if there are multiple parties in the case. abbreviate common words, such as CC for County Council, A-G for Attorney 99 General and DPP for Director of Public Prosecutions. 99 use R for the Crown (i.e. the Queen or King). 99 if only an initial is included in the party name, such as in the case of a minor, include the description given in brackets. 99 include corporate status terms such as Ltd and plc. 99 use the phrase sub nom (which means ‘under the name’) where a case has been reported under different names in different law reports, or has appeared under a different name in its history. Do not: 88 include first names or initials for individual parties. 88 use In the matter of (instead, use In re) 88 use Ex parte (instead, use Ex p) 88 include the phrase and another or and others.
Tidal Energy Ltd v Bank of Scotland plc [2014] EWCA Civ 1107, [2015] 2 All ER 15. Re A (Children) (Conjoined Twins: Surgical Separation) [2001] Fam 147. Re American Greetings Corp’s Application, sub nom Holly Hobbie Trade Mark [1984] 1 All ER 426. R v Criminal Injuries Compensation Board, ex p A [1997] 3 All ER 745.
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MORE ADVICE ON CASE NAMES
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OSCOLA REFERENCING
Case Citations Case citations are a shortened reference to a report of a case. UK cases generally have a law report citation and/or a neutral citation. You will also see references to case summaries and ‘unreported’ cases. This is an example of case with its neutral citation (see points 2–5) and all of its law report citations to date (see points 6–9): 1
Case name
2
[Year]
3
Court
4
Division
5
Case number
6
[Year]
7
Volume
8
Law report abbreviation
9
Page
Example
Goldstein v Bishop [2014] EWCA Civ 10, [2014] Ch 455, [2014] 3 All ER 397, [2014] 2 WLR 1448, [2015] 2 BCLC 82, 164 NLJ 7594, [2014] All ER (D) 53 (Feb).
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CASE CITATIONS
Neutral citations Neutral citations were introduced in the UK from 2001. This is a unique reference for the case, and isn’t linked to where a case has been reported. If a neutral citation is available for a case it must be provided, usually followed by a single law report citation (if available). This is the neutral citation for Goldstein v Bishop: 1
[Year of judgment]
2
Court
3
Division
4
Case number
[2014] EWCA Civ 10
The neutral citation shows that Goldstein v Bishop was the 10th reported judgment in the Civil Division of the Court of Appeal in England and Wales, in 2014. The court division either appears straight after the court name or after the case number, as shown in the examples below. Follow the format as you find it in the case: [2009] EWCA Civ 1203 – Civil Division of the Court of Appeal in England and Wales [2009] EWHC 3340 (Ch) – Chancery Division of the High Court of England and Wales
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OSCOLA REFERENCING
Law report citations Law report citations tell you in which series of published reports you will find a full report of the case and judgment. Some cases are reported in more than one law report. There are no official reports in England and Wales, but the Law Reports (published by the Incorporated Council of Law Reporting (ICLR)) are considered to be the most authoritative and should be cited in preference to other law reports. The Law Reports series include Appeal Cases (AC), Chancery (Ch), Family (Fam) and Queen’s/King’s Bench (QB or KB) divisions. If there isn’t a Law Report citation use the citation for the Weekly Law Reports (WLR) or All England Law Reports (All ER). If a case judgment does not appear in any of the series above, another law report may be used. A transcript of a judgment, ie the ‘raw’ ‘unreported’ version, should not be cited if there is a more authoritative version available.
Hierarchy of UK law reporting
1. 2. 3. 4. 5.
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The Law Reports Weekly Law Reports or All England Law Reports Other specialist law reports Other general law reports Transcript of judgment or unreported case
Most authoritative
Least authoritative
CASE CITATIONS
These are the law report citations for Goldstein v Bishop: 1
[Year of case report]
2
Volume
3
Law report abbreviation
4
Page
[2014] Ch 455, [2014] 3 All ER 397, [2014] 2 WLR 1448, [2015] 2 BCLC 82, 164 NLJ 7594, [2014] All ER (D) 53 (Feb)
We can see from these citations that Goldstein v Bishop was reported in a number of law reports including: zz The Law Reports – 2014 volume starting at page 455 zz All England Law Reports - 3rd volume of 2014 at page 397 zz Weekly Law Reports - 2nd volume of 2014 at page 1448 zz Butterworths Company Law Cases – 2nd volume of 2015 at page 82 zz New Law Journal – volume 164 at page 7594 zz All England Reporter – In the February issue of 2014 at page 53 Note that with law report citations, the year is the year in which the case was reported, not the date of the case judgment. So in the example of Goldstein v Bishop, some reports were published in 2014 and 2015. If there is no neutral citation for a case (in most pre-2001 cases) give the most authoritative law report citation only. The preferred citation for Goldstein v Bishop is:
Goldstein v Bishop [2014] EWCA Civ 10, [2014] Ch 455.
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OSCOLA REFERENCING
Case summary citations Newspapers and journals often give a summary or ‘digest’ version of a case report. Only give the law report citation for a case summary if there is no neutral citation or other more authoritative and fuller version available. In the example of Goldstein v Bishop it is likely that the citations to the journal, NLJ, and the summarising service, All ER (D), are case summaries. An example of a newspaper case summary:
Sanders v Chichester The Times, 2 December 1994 (QB).
‘Unreported’ cases There is a large and growing number of ‘unreported’ cases in the UK, and these are increasingly available online. Cite these with caution and if there is a more authoritative version available this citation must be used in preference to the ‘unreported’ case citation.
Older cases For citations related to cases before 1865 refer to the official OSCOLA guide – check our Frequently Asked Questions on page 116 for further information.
Cases from Scotland and Northern Ireland For more details on case citations relating to cases heard in Scotland and Northern Ireland refer to the official OSCOLA guide – see page 116 for further information.
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CASE CITATIONS
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OSCOLA REFERENCING
European Case Citations EU case citations follow a similar format to UK case citations, they generally have a law report citation and more recent judgments have a neutral citation.
Law report citations For EU cases refer to the official reports European Court Reports, ECR where possible. European Court of Justice (ECJ) cases are reported in volume one ECR-I and the General Court (GC) cases (along with its predecessor the Court of First Instance (CFI)) are reported in volume two ECR-II. If the ECR reference isn’t available refer to the Common Market Law Reports, CMLR. Some, but not all, cases are reported in the Law Reports, the Weekly Law Reports and/or the All England Law Reports (European Cases). It is acceptable to reference any of these reports instead of CMLR.
European Case Law Identifier (ECLI) A neutral citation method, the European Case Law Identifier (ECLI) has been adopted by the Court of Justice of the European Union (CJEU) for the ECJ and the GC, to enable easier location of and citation of EU case law.
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EUROPEAN CASE CITATIONS
This is an example of an ECLI: EU:C:2005:542
1
EU – Decision delivered by an EU Court or EU Tribunal
2
C – Decision delivered by the ECJ or T – Decision delivered by GC
3
2005 – Year of decision
4
542 – Number of case
This ECLI reference can be added to the case citation between the case name and before the report citation.
‘Unreported’ cases The Official Journal of the European Union (OJ) is the official source of EU law. It contains 2 series, L for legislation series and C for information and notices. The C series includes summaries of judgments of the ECJ and GC. For ‘unreported’ cases give the ECLI citation, if available. If a ECLI citation is not available use the OJ citation, or the case number and name, followed by the court and date of judgment.
Hierarchy of European case law reporting
1. European Court Reports 2. Common Market Law Reports 3. The Law Reports, Weekly Law Reports, or All England Law Reports (European Cases) 4. Unreported case – ECLI citation 5. Unreported case – OJ citation/case name & number
Most authoritative
Least authoritative
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OSCOLA REFERENCING
European Court of Human Rights case citations European Court of Human Rights (ECtHR) citations follow a similar format to other case citations.
Law report citations For ECtHR judgments, if possible cite the official reports Reports of Judgments and Decisions (ECHR), or alternatively cite the European Human Rights Reports (EHRR). Before 1996, the official reports were known as Series A.
‘Unreported’ cases Citations for ‘unreported’ cases should provide the application number, the court and the date of judgment.
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EUROPEAN CASE CITATIONS
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OSCOLA REFERENCING
Legislation Citations Use capital letters for the major words in the title of the legislation. You do not need to include the source of the legislation in the citation (such as LexisLibrary or Westlaw).
Statutes Citations for statutes are simply made up of the title of the Act followed by the year it was enacted: Sexual Offences Act 1956.
If you are referencing the explanatory notes to a statute, this information comes before the statute citation: Explanatory notes to the Equality Act 2010.
Welsh measures, Acts of the Scottish Parliament and Acts of the former Parliament of Northern Ireland and the current Northern Ireland Assembly follow similar rules to UK statutes, see the official OSCOLA guide for further details – find a link at our Frequently Asked Questions section on page 116.
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LEGISLATION CITATIONS
Older statutes and regnal years Citations for older statutes are made up of the title of the statute, the year and regnal year: Noise Abatement Act 1960 (8 & 9 Eliz 2 c 68).
Regnal year citations include the following information: zz Year(s) of the monarch’s reign which corresponds with the parliamentary session in which the Act was passed zz Name of the monarch zz Chapter number The example shows the 68th Act passed in the parliamentary session which started in the 8th year of Elizabeth II’s reign and finished in the 9th year.
Statutory Instruments Statutory Instruments (SIs) are also known as Orders, Regulations and Rules, and are sometimes referred to as ‘delegated’ or ‘secondary’ legislation. A citation for an SI is usually made up of the name, year and the SI number: Sexual Offences Act 2003 (Prescribed Police Stations) (England and Wales) Regulations 2018, (SI 2018/447).
SIs made in Northern Ireland, the Welsh Assembly and Scottish Parliament follow similar rules to UK SIs. See the official OSCOLA guide for further details. SIs made at Westminster which apply to Northern Ireland, Wales or Scotland are cited as UK SIs.
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OSCOLA REFERENCING
Bills Citations for proposed legislation, are made up of the title of the Bill and details of the House in which it originated, along with details of the Parliamentary session and the number of the Bill: Automated and Electric Vehicles HC Bill (2017-19) [227].
For bills before the Scottish Parliament see the OSCOLA official guide for further details.
EU legislation citations The Official Journal of the European Union (OJ) is the official source of EU law. It contains 2 series, L for legislation series and C for information and notices. Citations for EU legislation usually include an OJ L or OJ C reference. The title of the legislation should include amendments where applicable.
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LEGISLATION CITATIONS
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OSCOLA REFERENCING
Punctuation OSCOLA uses as little punctuation as possible. Abbreviations and initials in author’s names and titles of law reports and journals do not require full stops. For example Weekly Law Reports is cited as WLR and the Director of Public Prosecutions is abbreviated to DPP:
Malcolm v DPP [2007] EWHC 363 (Admin), [2007] 1 WLR 1230.
Pinpointing Pinpointing is where a reference is made to a particular paragraph of a case judgement, a page in a report, book or journal article, or to a part of a statute. Unlike other referencing styles, you do not include p. or pp. in the text or the footnote references. You will need to use some abbreviations, such as in the following examples.
Pinpointing within a case, report, book or journal article
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Pinpointing to single page multiple pages page range single paragraph multiple paragraphs paragraph range
Example 12 23, 514 11–16, 291–95 [38] or para 38 [81], [92] or paras 81, 92 [59]–[61] or paras 59–61
part chapter, page
pt 5 ch 5, 15
PUNCTUATION
Pinpointing to a specific part of a case judgment
Pinpointing to paragraph range, (judge’s name)
Example Winterburn v Bennett [2016] EWCA Civ 482, [2017] 1 WLR 646 [8]–[10] (David Richards LJ).
Pinpointing within a UK statute
Full form Short form part/parts pt/pts section/sections s/ss subsection/subsections sub-s/sub-ss paragraph/paragraphs para/paras subparagraph /subparagraphs subpara/subparas schedule/schedules sch/schs
Example CPA 1987, pt 1. CPA 1987, s 4. CPA 1987, s 4(1). CPA 1987, s 4(1)(c). CPA 1987, s 4(1)(c)(i). CPA 1987, sch 2 pt 1 s (2)(1)(b).
Pinpointing within a bill
Full form clause/clauses
Short form Example cl/cls Alcohol Marketing HC Bill (2010–12) [176], cls 2(1)–(3).
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OSCOLA REFERENCING
Pinpointing within a UK statutory instrument or EU legislation
Full form regulation/regulations
rule/rules article/articles
Short form reg/regs r/rr art/arts
Example Teachers’ Pension Scheme Regulations 2014, SI 2014/512, reg 19. CCR Ord 17, r 11. Consolidated Version of the Treaty on European Union [2016] OJ C202/13, art 3.
Whilst you should always use the short form of the pinpoints for footnotes, there are occasions when it is more appropriate to use the full form of the pinpoint. Eg: zz at the start of a sentence: Section 4 of the Consumer Protection Act 1987 states …
zz when referring to part of a statute without repeating the Act’s name … as subsections (1) and (3) show …
Where you are referencing a paragraph or subsection as part of a section of a statute, refer to the section. You do not need to list each sub-division: CPA 1987, s 4(1)(c) NOT CPA 1987, s 4 sub-s 1 para c
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SECONDARY REFERENCING
Secondary Referencing Secondary referencing occurs when you are reading an author who refers to another author’s work and you want to use this information to support an argument in your assignment. Ideally, you should try to locate the original work so that you can cite directly from it. However, it may not be possible to access the original work or it may not be appropriate (e.g. when referring to well established theories). When citing a secondary reference it is recommended that both the author of the original source and the author of the work it was cited in should be used in the text: Dicey, cited by Finch and Fafinski, outlines the principle of parliamentary sovereignty ...13
In the footnote provide the information you have about the original source and author followed by the words ‘as cited in’ and the details of the secondary source which you have read in round brackets, including a page pinpoint: A V Dicey, Introduction to the Study of the Law of the Constitution (10th edn, Macmillan 1959) (as cited in Emily Finch and Stefan Fafinski, Legal Skills (6th edn, OUP 2017) 229).
In the bibliography only provide details of the book you actually read – i.e. Finch and Fafinski not Dicey: Finch E and Fafinski S, Legal Skills (6th edn, OUP 2017).
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OSCOLA REFERENCING
Tables of Cases, Table of Legislation, and Bibliography At the end of your assignment you will need to create a table of cases and a table of legislation followed by a bibliography. The table of cases and legislation (sometimes known as a ‘table of authorities’) include all of the primary sources of law you have used. The bibliography includes all of the secondary sources you have used.
General guidance zz Do not bullet point your lists (unlike this list!). zz Omit pinpointing.
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TABLES OF CASES, TABLE OF LEGISLATION, AND BIBLIOGRAPHY
Guidance on creating a Table of Cases zz Case names are not italicised. zz Case names are listed in alphabetical order of first significant word: Re Bryant Investment Co Ltd would be tabled as Bryant Investment Co Ltd, Re zz If the table of cases contains only criminal law cases, use the second party name and drop the ‘R’: R v Patterson would be tabled as Patterson If the table of cases includes some criminal law cases but is mainly concerned zz with another area of law, use the first party name: R v Patterson would be tabled as R v Patterson Create separate tables for UK cases, EU cases and cases from other jurisdictions zz if you have a large number of cases; otherwise a single list is sufficient. zz EU cases can be listed in alphabetical order, by first party name, or in chronological order (i.e. oldest first). zz If listing EU cases alphabetically, list by first party name, and put the case number after the case name in round brackets (as per example on the following page). zz If listing EU cases chronologically, list ECJ and GC cases separately, and omit the word ‘Case’ from the case name.
Guidance on creating a Table of Legislation zz Create separate tables for UK and EU legislation. zz Create separate tables for primary and secondary legislation, statutes and statutory instruments in the UK, and EU Treaties and EU Directives and Regulations, if you are listing a lot of sources. zz Create separate tables for international treaties and conventions, and for legislation from other jurisdictions if required. zz List legislation in alphabetical order of first significant word, not chronologically.
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OSCOLA REFERENCING
Guidance on creating a Bibliography zz List items alphabetically by the surname of the first author/editor or organisation name. zz Use the same format as footnotes, except that author surnames precede the forename and only initials are used instead of first names. zz Include all author surnames, do not use the phrase ‘and others’. zz If there is no author use the title of the source instead. The title should be preceded by a double dash: - zz If including several items by the same author, list them chronologically (ie oldest first). If you have a large number of sources it is helpful to create separate lists for zz different resource types, such as books/book chapters, journal articles and other sources, otherwise a single list may be sufficient. zz Try to be consistent in using either the full name or abbreviation for journal titles in your bibliography.
Example: Table of Cases
A (Children) (Conjoined Twins: Surgical Separation), Re [2001] Fam 147. A v B [2018] EWHC 328 (Fam), [2018] Fam Law 535. American Greetings Corp’s Application, sub nom Holly Hobbie Trade Mark, Re [1984] 1 All ER 426. Goldstein v Bishop [2014] EWCA Civ 10, [2014] Ch 455. R v Criminal Injuries Compensation Board, ex p A [1997] 3 All ER 745. EU Cases Arne Mathiesen AS v Council (T-340/99) [2002] ECR-II-2905. Commission v Council (C-176/03) [2005] ECR I-7879. ROE Scherrens v MG Maenhout (158/87) [1988] ECR 3791.
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TABLES OF CASES, TABLE OF LEGISLATION, AND BIBLIOGRAPHY
Example: Table of Legislation
Consumer Protection Act 1987. Copyright, Designs and Patents Act 1988. Human Rights Act 1998. Policing Resources HL Bill (2017-19) 41. EU Treaties Consolidated Version of the Treaty on European Union [2016] OJ C202/13, art 3. EU Legislation Directive 2003/88/EC concerning certain aspects of the organisation of working time [2003] OJ L299/9. Regulation (EU) 492/2011 on freedom of movement for workers within the Union [2011] OJ L141/1.
Example: Bibliography
Books Abbott K, Pendlebury N and Wardman K, Business Law (9th edn, Cengage Learning EMEA 2013). Allan H, ‘Justice and Fairness’ in Ann Gallagher and Sue Hodge (eds), Ethics, Law and Professional Issues (Palgrave Macmillan 2012). Finch E and Fafinski S, Legal Skills (6th edn, OUP 2017).
French D, Saul M and White N (eds), International Law and Dispute Settlement: New Problems and Techniques (Hart 2010). Zweigert K and Kötz H, An Introduction to Comparative Law (Tony Weir tr,
41
Learning EMEA 2013). Allan H, ‘Justice and fairness’ in Ann Gallagher and Sue Hodge (eds), Ethics, Issues (Palgrave Macmillan 2012).
LawREFERENCING and Professional OSCOLA
Finch E and Fafinski S, Legal Skills (6th edn, OUP 2017).
French D, Saul M and White N (eds), International Law and Dispute Settlement: New Problems and Techniques (Hart 2010). Zweigert K and Kötz H, An Introduction to Comparative Law (Tony Weir tr, 3rd edn, OUP 1998). Journals Craig P, ‘Theory, “Pure Theory” and Values in Public Law’ [2005] Public Law 440. Heissl G, ‘Jurisdiction for Human Rights Violations on the Internet’ (2011) 2(1) European Journal of Law and Technology <http://ejlt.org/article/ view/54/120> accessed 30 November 2017. Londono P, ‘Should Sex Offence Suspects be Granted Anonymity?’ (2017) 167(7760) New Law Journal 13. Newspaper articles Burgess K, ‘Law Chief Warns Google for Identifying Victims of Rape’ The Times (London, 23 May 2018) 2. Reports Education Committee, Services for Young People (HC 2010-12 744-I). Home Office, Serious and Organised Crime Strategy (Cm 8715, 2013). Websites Legal Action Group, ‘Number of Employment Tribunal Cases Continues to Rise’ (Legal Action Group, March 2018) <www.lag.org.uk/article/204701/ number-of-employment-tribunal-cases-continues-to-rise> accessed 24 May 2018.
42
LAYOUTS FOR YOUR FOOTNOTES AND BIBLIOGRAPHY
Layouts for Your Footnotes and Bibliography When finding information for your work, always collect information on your source that you can use later to properly reference it. Once you have done this, you should then reference this source using the correct format. Over the following pages are some layout guidelines for you to use if you’re ever unsure of how to correctly reference a source. Remember, it isn’t possible to include every type of information source, but you can use these guidelines to help decide how to reference anything which isn’t listed.
Using the guidelines The guidelines give you the format for the first footnote to be used with each type of resource. This is made up of a step-by-step list of the information which needs to be included and the order in which it should be given. This is followed by examples of first footnotes, subsequent footnotes and bibliography entries as well as Table of Cases and Table of Legislation entries where relevant.
43
Primary Sources of Law
Cases – England and Wales
Case: with neutral citation 46
Case: without neutral citation 48
Case: unreported 50
Primary legislation – UK Statute 52
Statute: old 53
Bill 54 Secondary legislation – UK
Statutory Instrument (SI) 55
Rules of court 56
Primary legislation – EU Treaties 57 Secondary legislation – EU
Directives and Regulations, Decisions, Opinions and Recommendations (2015 onwards) 58
Directives and Regulations, Decisions, Opinions and Recommendations (before 2015) 60
Cases – EU
Case: European Court of Justice (ECJ) or General Court (GC) 62
Case: with ECLI 63
European Court of Human Rights (ECtHR)
Case: ECtHR: reported case 64
Case: ECtHR: unreported case 65
OSCOLA REFERENCING
CASES – ENGLAND AND WALES
Case: with neutral citation 1
First Party Name v Second Party Name
2
[Year of judgment]
3
Court abbreviation
4
Judgment number,
5
[Year] or (Year)
6
Volume number
7
Report abbreviation
8
First page number.
[1] Case name [2–4] Neutral citation
[5–8] Law report citation
Examples First footnote, with pinpointing to a range of paragraphs:
Corr v IBC Vehicles Ltd [2008] UKHL 13, [2008] 1 AC 884, [1]-[5]. Subsequent footnotes (short form), with pinpointing to a series of paragraphs:
Corr (n #) [4], [8]. Table of Cases: Corr v IBC Vehicles Ltd [2008] UKHL 13, [2008] 1 AC 884.
46
CASES â&#x20AC;&#x201C; ENGLAND AND WALES
PRIMARY SOURCES OF LAW
Case: with neutral citation TIP
Use this format for most case judgements from 2001 onwards.
TIP
Use square brackets if the year is essential for finding the case (usually if the volumes within the law reports series include a year). The year in square brackets is the year of the published report.
TIP
Use round brackets if the year is not essential for finding the case (usually if the volumes within the law reports series are independently numbered and do not include a year). The year in round brackets is the year of judgment not the year of the published report.
TIP
Include pinpointing to page(s) or [paragraphs] if appropriate. If referring to the whole case, pages and paragraphs can be omitted.
47
OSCOLA REFERENCING
CASES – ENGLAND AND WALES
Case: without neutral citation 1
First Party Name v Second Party Name
2
[Year] or (Year)
3
Volume number
4
Report abbreviation
5
First page number
6
(Court name).
Examples – with square brackets First footnote, with pinpointing to a page:
Page v Smith [1996] AC 155 (HL), 156. Subsequent footnotes (short form), with pinpointing to a range of pages:
Page (n #) 166-167. Table of Cases: Page v Smith [1996] AC 155 (HL).
48
[ ]
CASES – ENGLAND AND WALES
PRIMARY SOURCES OF LAW
Case: without neutral citation Examples – with round brackets
( )
First footnote:
Barrett v Enfield LBC (1999) 49 BMLR 1 (HL). Subsequent footnotes (short form):
Barrett (n#). Table of Cases: Barrett v Enfield LBC (1999) 49 BMLR 1 (HL).
TIP
Use this format for most case judgements dated earlier than 2001.
49
OSCOLA REFERENCING
CASES – ENGLAND AND WALES
Case: unreported 1
First Party Name v Second Party Name
2
[Year of judgment]
3
Court abbreviation
4
Judgment number.
With neutral citation
or 1
First Party Name v Second Party Name
2
(Court abbreviation,
3
Date).
Without neutral citation
Examples First footnote, with neutral citation:
Nursing and Midwifery Council v Pelczar [2015] EWHC 1736 (Admin). First footnote, without neutral citation:
R v Whittaker (CA, 10 April 1997).
TIP
If an unreported case has a neutral citation it should be included (usually in cases from 2001). If an unreported case does not have a neutral citation (usually pre-2001 cases) give the court and date of judgment in brackets after the case name.
TIP
Do not add the word ‘unreported’.
TIP
Remember to cite ‘unreported’ cases with caution. It is preferable to use citations for reported cases where possible.
50
CASES â&#x20AC;&#x201C; ENGLAND AND WALES
PRIMARY SOURCES OF LAW
51
OSCOLA REFERENCING
PRIMARY LEGISLATION â&#x20AC;&#x201C; UK
Statute 1
Short title of Act
2
Year.
Examples First footnote, with pinpoint to a sub-section: Human Rights Act 1998 (HRA 1998), s 12(4). Subsequent footnotes (short form), with pinpoint to a section: HRA 1998, s 13. Table of Legislation: Human Rights Act 1998.
TIP
52
Only include a short form abbreviation and year in round brackets after the citation if you intend to cite the Act more than once.
PRIMARY LEGISLATION – UK
PRIMARY SOURCES OF LAW
Statute: old 1
Short title of Act
2
Year
3
(Regnal year).
Examples First footnote: Settled Land Act 1889 (52 & 53 Vict c 36) (SLA 1889). Subsequent footnotes (short form): SLA 1889. Table of Legislation: Settled Land Act 1889 (52 & 53 Vict c 36).
TIP
Only include a short form abbreviation and year in round brackets after the citation if you intend to cite the Act more than once.
TIP
Regnal year citations can be used for Acts passed before 1963.
TIP
The example above is the 36th Act passed in the parliamentary session which started in the 52nd year of Queen Victoria’s reign and finished in the 53rd year.
53
OSCOLA REFERENCING
PRIMARY LEGISLATION – UK
Bill 1
Bill title
2
HC Bill
3
(Parliamentary session)
4
[Running number of Bill].
For House of Commons Bills
or 1
Bill title
2
HL Bill
3
(Parliamentary session)
4
Running number of Bill.
For House of Lords Bills
Examples First footnote for House of Commons Bill, with pinpointing to a series of clauses: Alcohol Marketing HC Bill (2010-12) [176], cls 2(1)-(3). First footnote for House of Lords Bill: Policing Resources HL Bill (2017-19) 41.
TIP
When a Bill is reprinted at any stage of its parliamentary process it is assigned a new number.
TIP
Bills use the same principles for pinpointing as statutes, ‘clause’ or ‘clauses’ may be abbreviated to cl or cls, and follow the format above.
54
SECONDARY LEGISLATION – UK
PRIMARY SOURCES OF LAW
Statutory Instrument (SI) 1
SI name
2
Year,
3
SI Year/Number.
Examples First footnote: Teachers’ Pension Scheme Regulations 2014, SI 2014/512 (TPSR 2014). Subsequent footnotes (short form), with pinpoint to a regulation: TPSR 2014, reg 19. Table of Legislation: Teachers’ Pension Scheme Regulations 2014, SI 2014/512.
TIP
Only include a short form abbreviation and year in round brackets after the citation if you intend to cite the SI more than once.
TIP
SIs use the same principles for pinpointing as statutes.
55
OSCOLA REFERENCING
SECONDARY LEGISLATION â&#x20AC;&#x201C; UK
Rules of court Rules of court such as the Civil Procedure Rules (CPR), the Rules of the Supreme Court (RSC) and the County Court Rules (CCR) follow a similar format to SIs but without the SI number or year. The full titles of the rules do not need to be provided; see the examples below. CPR 7. RSC Ord 24, r 14A. CCR Ord 17, r 11.
CPR Practice Directions (PD) are referred to by their number alone; see the examples below. 6A PD 4.1. 7A PD 8.2.
TIP
56
If you are unsure, give the full rule name, SI Year/Number and pinpoint as appropriate.
PRIMARY LEGISLATION â&#x20AC;&#x201C; EU
PRIMARY SOURCES OF LAW
Treaties 1
Legislation title
2
[Year]
3
OJ L or C
4
Issue number/First page number.
Examples First footnote: Consolidated Version of the Treaty on European Union [2016] OJ C202/13 (TEU 2016). Subsequent footnotes (short form), with pinpoint to an article: TEU 2016, art 3. Table of Legislation: Consolidated Version of the Treaty on European Union [2016] OJ C202/13.
TIP
Only include a short form abbreviation and year in round brackets if you intend to cite the source more than once.
57
OSCOLA REFERENCING
SECONDARY LEGISLATION â&#x20AC;&#x201C; EU
Directives and Regulations, Decisions, Opinions and Recommendations (2015 onwards) 1
Legislation type
2
Legislation number*
3
Title
4
[Year]
5
OJ L
6
Issue number/First page number.
Examples First footnote: Regulation (EU) 2018/831 amending Regulation (EU) No 10/2011 on plastic materials and articles intended to come into contact with food [2018] OJ L140/35. Subsequent footnotes (short form): Reg 2018/831. Table of Legislation: Regulation (EU) 2018/831 amending Regulation (EU) No 10/2011 on plastic materials and articles intended to come into contact with food [2018] OJ L140/35.
58
SECONDARY LEGISLATION â&#x20AC;&#x201C; EU
PRIMARY SOURCES OF LAW
Directives and Regulations, Decisions, Opinions and Recommendations (2015 onwards) *
Both Directives and Regulations follow the format Year/running number for the Legislation number
TIP
Decisions, Opinions and Recommendations follow a similar format to Directives and Regulations.
59
OSCOLA REFERENCING
SECONDARY LEGISLATION – EU
Directives and Regulations, Decisions, Opinions and Recommendations (before 2015) 1
Legislation type
2
Legislation number*
3
Title
4
[Year]
5
OJ L
6
Issue number/First page number.
Examples – for a Directive First footnote: Directive 2003/88/EC concerning certain aspects of the organisation of working time [2003] OJ L299/9. Subsequent footnotes (short form), with pinpoint to an article: Dir 2003/88/EC, art 2(4a). Table of Legislation: Directive 2003/88/EC concerning certain aspects of the organisation of working time [2003] OJ L299/9.
60
SECONDARY LEGISLATION â&#x20AC;&#x201C; EU
PRIMARY SOURCES OF LAW
Directives and Regulations, Decisions, Opinions and Recommendations (before 2015) Examples â&#x20AC;&#x201C; for a Regulation First footnote: Regulation (EU) 492/2011 on freedom of movement for workers within the Union [2011] OJ L141/1. Subsequent footnotes (short form), with pinpoint to a range of articles: Reg 492/2011, arts 7-9. Table of Legislation: Regulation (EU) 492/2011 on freedom of movement for workers within the Union [2011] OJ L141/1.
*
The legislation number for a Directive follows the format Year/running number
*
The legislation number for a Regulation follows the format running number/ Year
TIP
Decisions, Opinions and Recommendations follow a similar format to Directives and Regulations.
61
OSCOLA REFERENCING
CASES â&#x20AC;&#x201C; EU
Case: European Court of Justice (ECJ) or General Court (GC) 1
Case number
2
Case name
3
[Year]
4
Report abbreviation
5
First page number.
Examples First footnote case in ECJ, with pinpointing to a range of paragraphs: Case C-176/03 Commission v Council [2005] ECR I-7879, paras 47-48. First footnote case in GC: Case T-340/99 Arne Mathiesen AS v Council [2002] ECR II-2905. First footnote case in a pre-1989 case: Case 158/87 ROE Scherrens v MG Maenhout [1988] ECR 3791.
TIP
From 1989 EU cases in the ECJ are prefixed C- and cases in the GC are prefixed T-.
TIP
Do not add C- or T- to pre-1989 cases.
TIP
The General Court was previously known as the Court of First Instance.
62
CASES – EU
PRIMARY SOURCES OF LAW
Case: with ECLI 1
Case number
2
Case name
3
ECLI
4
[Year]
5
Report abbreviation
6
First page number.
Examples First footnote case in ECJ: Case C-333/13 Dano v Jobcenter Leipzig EU:C:2014:2358, [2015] All ER (EC) 1.
TIP
If the case is ‘unreported’ follow steps 1–3 above.
63
OSCOLA REFERENCING
EUROPEAN COURT OF HUMAN RIGHTS (ECtHR)
Case: ECtHR: reported case 1
Case name
2
[Year] or (Year) Volume number*
3
Report abbreviation
4
Page or application/case number**.
Examples First footnote case in official ECHR report, with case number:
Robins v UK [1997] ECHR 72. First footnote case in official ECHR report, with application number:
Robins v UK [1997] ECHR 22410/93. First footnote case in a EHRR report with page number:
Robins v UK (1997) 26 EHRR 527. First footnote case in official ECHR (pre-1996) report:
Johnston v Ireland (1986) Series A no 122.
*
Use square brackets for the year if there is no volume number or use round brackets for the year, followed by the volume number if one exists.
** Some citations include a reference to a page, some include an application number and others include a case number. Any one of these references is acceptable.
64
EUROPEAN COURT OF HUMAN RIGHTS (ECtHR)
PRIMARY SOURCES OF LAW
Case: ECtHR: unreported case 1
Case name
2
App no application number
3
(Court abbreviation,
4
Date of judgment).
Examples First footnote:
Evans v UK App no 18770/18 (ECtHR, 23 April 2018).
65
Secondary Sources of Law
Blog
68
Book
70
Conference Paper
76
Dictionary
78
Encyclopaedia
80
Interview
82
Journal article
84
Newspaper article
90
Personal communication
92
Radio programme
94
Report
96
Speech
110
Thesis
112
Tweet
113
Video
114
Web page
115
OSCOLA REFERENCING
Blog 1
Author name,
2
‘Webpage title/Blogpost title’
3
(Website title,
4
Date of post)
5
<Web address>
6
accessed Date of access.
Examples First footnote: Edmund Smyth, ‘Time to Apply the Brakes: Do We Need a New Offence of Dangerous Cycling?’ (Kingsley Napley, 6 March 2018) <www.kingsleynapley. co.uk/insights/blogs/criminal-law-blog/time-to-apply-the-brakes-do-weneed-a-new-offence-of-dangerous-cycling> accessed 8 March 2018. Subsequent footnotes (short form): Smyth (n #). Bibliography: Smyth E, ‘Time to Apply the Brakes: Do We Need a New Offence of Dangerous Cycling?’ (Kingsley Napley, 6 March 2018) <www.kingsleynapley. co.uk/insights/blogs/criminal-law-blog/time-to-apply-the-brakes-do-weneed-a-new-offence-of-dangerous-cycling> accessed 8 March 2018.
TIP
68
If there is no author, start the reference with the title of the blog post.
SECONDARY SOURCES OF LAW
69
OSCOLA REFERENCING
Book: authored 1
Author/Corporate author name,
2
Title: subtitle
3
(Edition, if not first edition edn,
4
Publisher name
5
Year of publication).
If first edition, skip point [3]
Examples First footnote: Keith Abbott, Norman Pendlebury and Kevin Wardman, Business Law (9th edn, Cengage Learning EMEA 2013). Subsequent footnotes (short form), with pinpoint to a page: Abbott, Pendlebury and Wardman (n #) 22. Bibliography: Abbott K, Pendlebury N and Wardman K, Business Law (9th edn, Cengage Learning EMEA 2013).
70
SECONDARY SOURCES OF LAW
Book: authored TIP
Give the author’s name as it appears on the publication but don’t include postnominals such as QC.
TIP
If there is no author, start the reference with the title.
TIP
Capitalize the first letter of all major words in a title.
TIP
Use rev edn for a revised edition. Use supp for a supplement.
TIP
Do not include a place of publication.
TIP
It is acceptable to use the shortest version of the publisher’s name eg OUP rather than Oxford University Press.
71
OSCOLA REFERENCING
Book: edited 1
Name of Editor(s) (ed) or (eds),
2
Title: subtitle
3
(Edition, if not first edition edn,
4
Publisher name
5
Year of publication).
If first edition, skip point [3]
Examples First footnote: Duncan French, Matthew Saul and Nigel D White (eds), International Law and Dispute Settlement: New Problems and Techniques (Hart 2010). Subsequent footnotes (short form), with pinpoint to a series of pages: French, Saul and White (n #) 51, 54. Bibliography: French D, Saul M and White N (eds), International Law and Dispute Settlement: New Problems and Techniques (Hart 2010).
72
SECONDARY SOURCES OF LAW
Book: translated 1
Author name,
2
Title: subtitle
3
(Translator name tr,
4
Edition, if not first edition edn,
5
Publisher name
6
Year of publication).
If first edition, skip point [4]
Examples First footnote: K Zweigert and H Kรถtz, An Introduction to Comparative Law (Tony Weir tr, 3rd edn, OUP 1998). Subsequent footnotes (short form), with pinpoint to a series of pages: Zweigert and Kรถtz (n #) 51, 54. Bibliography: Zweigert K and Kรถtz H, An Introduction to Comparative Law (Tony Weir tr, 3rd edn, OUP 1998).
TIP
The example above shows an authored book with a translator. The translator is referenced at the start of the publication information within the brackets.
TIP
If there is no author, cite the translator as you would an author, following the authored book format, and add (tr) or (trs) after the name(s).
73
OSCOLA REFERENCING
Book: chapter/section 1
Chapter/section author’s name(s),
2
‘Title of chapter/section’
3
in Name of editor (ed) or (eds),
4
Title: subtitle of book
5
(Edition, if not first edition edn,
6
Publisher name
7
Year of publication).
If first edition, skip point [5]
Examples First footnote: Helen Allan, ‘Justice and Fairness’ in Ann Gallagher and Sue Hodge (eds), Ethics, Law and Professional Issues (Palgrave Macmillan 2012). Subsequent footnotes (short form), with pinpoint to a range of pages: Allan (n #) 111-112. Bibliography: Allan H, ‘Justice and Fairness’ in Ann Gallagher and Sue Hodge (eds), Ethics, Law and Professional Issues (Palgrave Macmillan 2012).
74
SECONDARY SOURCES OF LAW
Book: ebook Reference all books as print, even if you read them online. Follow the book formats on the previous pages. You do not need to include the URL/web address or the date the book was accessed online. If the e-book has no page numbers, use a print book format but add the ebook type and edition before the publisher details, and add any relevant pinpointing: Jill E Martin, Hanbury & Martin: Modern Equity (19th edn, Kindle edn, Sweet & Maxwell 2012) ch1, part 2E.
If a book is only published online (ie there is no print equivalent), use a print book format but add the following information at the end of the reference: zz <Web address> zz accessed Date of access.
75
OSCOLA REFERENCING
Conference paper 1
Author,
2
‘Title of paper’
3
(Conference title,
4
Conference location,
5
Conference date)
6
<Web address>
7
accessed Date of access.
Examples First footnote: Elizabeth Prochaska, Equality and Human Rights Commission, ‘Tackling Inequality and Discrimination’ (Public Law Project Wales Conference, Cardiff, 26 March 2018) <www.publiclawproject.org.uk/resources/286/plp-walesconference-2018-resources> accessed 1 April 2018. Subsequent footnotes (short form): Prochaska (n #). Bibliography: Prochaska E, Equality and Human Rights Commission, ‘Tackling Inequality and Discrimination’ (Public Law Project Wales Conference, Cardiff, 26 March 2018) <www.publiclawproject.org.uk/resources/286/plp-wales-conference2018-resources> accessed 1 April 2018.
76
SECONDARY SOURCES OF LAW
Conference paper TIP A published
conference paper should be referenced using a book or report
template. TIP
Conference papers available online should include the web address and date of access.
77
OSCOLA REFERENCING
Dictionary: print 1
‘Dictionary term’,
2
Title of dictionary
3
(Edition, if not first edition edn,
4
Publisher name
5
Year of publication).
If first edition, skip point [3]
Examples First footnote: ‘no-fault compensation’, Oxford Dictionary of Law (7th edn, OUP 2013). Subsequent footnotes (short form): (n #). Bibliography: --Oxford Dictionary of Law (7th edn, OUP 2013).
TIP
Use this format for legal and general dictionaries.
TIP
You do not need to include pinpointing to a page or paragraph.
TIP
You do not need to include editor details.
78
SECONDARY SOURCES OF LAW
Dictionary: online 1
‘Dictionary term’,
2
(Title of dictionary/website,
3
Publisher name
4
Date of publication)
5
<Web address>
6
accessed Date of access.
Examples First footnote: ‘estoppel, n’ (OED Online, OUP 2013) <www.oed.com/view/Entry/64600> accessed 27 June 2018. Subsequent footnotes (short form): (n #). Bibliography: --OED Online (OUP 2013) <www.oed.com/view/Entry/64600> accessed 27 June 2018.
TIP
If there is no publication date, provide the date of access.
79
OSCOLA REFERENCING
Encyclopaedia: print 1
Title of encyclopaedia
2
(Edition, if not first edition edn,
3
Year of issue/reissue)
4
Volume number,
5
Paragraph or page number.
If first edition, skip point [2]
Examples First footnote, with pinpointing to a volume and paragraph:
Halsbury’s Laws (4th edn, 2003) vol 31, para 53. Subsequent footnotes (short form), with pinpointing:
Halsbury’s Laws vol 31, para 53. Bibliography:
Halsbury’s Laws (4th edn, 2003) vol 31.
TIP
Use the book format for encyclopaedias but exclude the author/editor and publisher information.
TIP
Include the edition and year of issue/reissue where possible.
TIP
Include pinpointing to a volume and paragraph/page number if possible.
80
SECONDARY SOURCES OF LAW
Encyclopaedia: online 1–4 Same as Encyclopaedia: print 5
Paragraph or page number
6
<Web address>
7
accessed Date of access.
Examples First footnote, with pinpointing to a volume and paragraph:
Halsbury’s Laws (2017) vol 2, para 221 <LexisLibrary> accessed 23 May 2017. Subsequent footnotes (short form), with pinpointing:
Halsbury’s Laws vol 2, paras 225-226. Bibliography:
Halsbury’s Laws (2017) vol 2.
TIP
It is not always possible to include a full web address. If you are accessing the source via LexisLibrary or Westlaw, for example, it is acceptable to provide the web address as <LexisLibrary> or <Westlaw>.
TIP
This format can be used for online commentary services such as Westlaw’s
Insight. Include an author and section title, along with any other relevant information if possible.
81
OSCOLA REFERENCING
Interview 1
Interviewer name,
2
Interview with interviewee name,
3
Interviewee position,
4
Interviewee institution/organisation details
5
(Interview location,
6
Interview date)
7
<Web address>
8
accessed Date of access.
Examples First footnote: Timothy Endicott and John Gardner, Interview with Tony Honore, Emeritus Regius Professor of Civil Law, University of Oxford (Oxford, 17 July 2007). Subsequent footnotes (short form): Endicott and Gardner (n #). Bibliography: Endicott T and Gardner J, Interview with Tony Honore, Emeritus Regius Professor of Civil Law, University of Oxford (Oxford, 17 July 2007).
82
SECONDARY SOURCES OF LAW
Interview TIP
If the interview was personally conducted, start the reference from point [2].
TIP
If the interview was accessed online include the web address and date of access.
83
OSCOLA REFERENCING
Journal article: print 1
Author name,
2
‘Title of journal article’
3
[Year of publication] or (Year of publication) volume number(issue number*)
4
Journal title or abbreviation
5
First page number of article.
Examples – without pinpointing First footnote: Patricia Londono, ‘Should Sex Offence Suspects be Granted Anonymity?’ (2017) 167(7760) New Law Journal 13. Subsequent footnotes (short form): Londono (n #) 13. Bibliography: Londono P, ‘Should Sex Offence Suspects be Granted Anonymity?’ (2017) 167(7760) New Law Journal 13.
84
SECONDARY SOURCES OF LAW
Journal article: print Examples – with pinpointing First footnote, with pinpointing to a page: Paul Craig, ‘Theory, “Pure Theory” and Values in Public Law’ [2005] PL 440, 442. Subsequent footnotes (short form): Craig (n #) 441. Bibliography: Craig P, ‘Theory, “Pure Theory” and Values in Public Law’ [2005] PL 440.
TIP
Use square brackets around the year if there is no volume number. Use round brackets around the year if there is a volume number, followed by the volume number.
*
Do not include an issue number unless the page numbering begins again for each issue within a volume. Put it in round brackets immediately following the volume number.
TIP
Use the full or abbreviated form of the journal title, but be consistent throughout your assignment. If you do not know the recognised abbreviation for a journal, use the Cardiff Index to Legal Abbreviations to find one: www. legalabbrevs.cardiff.ac.uk/ If you cannot find an abbreviation for a journal, use the full form.
TIP
Use the journal article format for references to Yearbooks.
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Journal article: online Reference all journal articles as print, even if you read them online. Follow the formats on the previous pages. Journals available via databases such as HeinOnline, LexisLibrary and Westlaw are generally available in both print and electronic formats so reference them as print journal articles. If a journal title is only published online you will need to include the web address and the date you accessed it. 1
Author name,
2
â&#x20AC;&#x2DC;Title of journal articleâ&#x20AC;&#x2122;
3
[Year of publication] or (Year of publication) volume number(issue number*)
4
Journal title or abbreviation
5
First page number of article*.
6
<Web address>
7
accessed Date of access.
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Journal article: online Examples First footnote: Gregor Heissl, ‘Jurisdiction for Human Rights Violations on the Internet’ (2011) 2(1) European Journal of Law and Technology <http://ejlt.org/article/ view/54/120> accessed 30 November 2017. Subsequent footnotes (short form): Heissl (n #). Bibliography: Heissl G, ‘Jurisdiction for Human Rights Violations on the Internet’ (2011) 2(1) European Journal of Law and Technology <http://ejlt.org/article/ view/54/120> accessed 30 November 2017.
*
Include a volume, issue and page number if applicable. Online journals may not always include all of this information, particularly page numbers.
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Journal article: case note 1
Author name,
2
‘Title of journal article’
3
[Year of publication] or (Year of publication) volume number(issue number)
4
Journal title or abbreviation
5
First page number of article
6
(note).
Examples First footnote: Andrew Ashworth, ‘R v (Singh) v Chief Constable of the West Midlands Police’ [2006] Crim LR 441 (note). Alternative first footnote: Andrew Ashworth [2006] Crim LR 441 (note). Subsequent footnotes (short form): Ashworth (n #). Bibliography: Ashworth A, ‘R v (Singh) v Chief Constable of the West Midlands Police’ [2006] Crim LR 441 (note).
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Journal article: case note TIP
A case note (usually commentary on a single case) in a journal should be treated as a journal article.
TIP
If the case note doesnâ&#x20AC;&#x2122;t have a title, use the name of the case in italics instead, as per the example shown here.
TIP
Include an issue number if applicable.
TIP
Include a case note in your bibliography (as a journal article) but you should also include this in your Table of Cases as well, citing the most authoritative report.
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Newspaper article: print 1
Author name,
2
‘Title of article’
3
Title of newspaper
4
(City of publication,
5
Date of publication)
6
Page number(s) of article.
Examples First footnote: Kaya Burgess ‘Law Chief Warns Google for Identifying Victims of Rape’ The Times (London, 23 May 2018) 2. Subsequent footnotes (short form): Burgess (n #). Bibliography: Burgess K, ‘Law Chief Warns Google for Identifying Victims of Rape’ The Times (London, 23 May 2018) 2.
TIP
90
If there is no author of the article, start the reference with the title of the article.
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Newspaper article: online 1–5 Same as Newspaper article: print 6
Page number(s) of article
7
<Web address>
8
accessed Date of access.
Examples First footnote: Ian Cobain, ‘UK Has Six Months to Rewrite Snooper’s Charter, High Court Rules’ The Guardian (London, 27 April 2018) <www.theguardian.com/ technology/2018/apr/27/snoopers-charter-investigatory-powers-actrewrite-high-court-rules> accessed 28 April 2018. Subsequent footnotes (short form): Cobain (n #). Bibliography: Cobain I, ‘UK Has Six Months to Rewrite Snooper’s Charter, High Court Rules’ The Guardian (London, 27 April 2018) <www.theguardian.com/ technology/2018/apr/27/snoopers-charter-investigatory-powers-actrewrite-high-court-rules> accessed 28 April 2018.
TIP
Include page number(s) if available.
TIP
If there is no author of the article, start the reference with the title of the article.
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Personal communication: email 1
Email from Sender’s name*
2
to Recipient’s name*
3
(Date of email’s sending).
Examples First footnote and bibliography: Email from Dr Kathryn Dutton to author (6 June 2018). Subsequent footnotes (short form): Email from Dr Kathryn Dutton (n#).
TIP
Ensure you have permission from the sender before referring to personal emails in your academic writing.
*
If you are the sender or recipient put author instead of a name.
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Personal communication: letter 1
Letter from Sender’s name*
2
to Recipient’s name*
3
(Date of letter’s sending).
Examples First footnote and bibliography: Letter from author to York County Court (2 September 2005). Subsequent footnotes (short form): Letter from author to York County Court (n#).
TIP
Ensure you have permission from the sender before referring to personal letters in your academic writing.
*
If you are the sender or recipient put author instead of a name.
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Radio programme 1
Name of speaker*,
2
‘Title of programme’
3
(Name of broadcasting channel,
4
Date of broadcast)
5
<Web address>
6
accessed Date of access.
Examples First footnote: Simon Tonking, ‘Jury Trial’ (BBC Radio 4, 1 May 2010) <www.bbc.co.uk/ programmes/b00s3gq7> accessed 17 December 2010. Subsequent footnotes (short form): Tonking (n #). Bibliography: Tonking S, ‘Jury Trial’ (BBC Radio 4, 1 May 2010) <www.bbc.co.uk/ programmes/b00s3gq7> accessed 17 December 2010.
*
94
Use the name of the speaker if you’ve included a direct quote in the text. If there is no obvious speaker/author, use the title of the programme at the beginning of the reference.
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Report: general 1
Author/Corporate author name,
2
Title: subtitle
3
(Publisher name
4
Date of publication)
5
Additional information*
6
<Web address>
7
accessed Date of access.
Examples First footnote: The Law Society, Brexit and The Law (The Law Society January 2017) <www. lawsociety.org.uk/support-services/research-trends/brexit-and-the-lawreport/> accessed 24 April 2018. Subsequent footnotes (short form): The Law Society (n #). Bibliography: The Law Society, Brexit and The Law (The Law Society January 2017) <www. lawsociety.org.uk/support-services/research-trends/brexit-and-the-lawreport/> accessed 24 April 2018.
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Report: general TIP
Use this report format for any document which does not fit into any of the other categories of report. The author and/or publisher may be a government body or an organisation.
*
Additional information may include a document number and/or description which helps identify the report.
TIP
Provide the web address and the date of access if accessed online.
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Report: parliamentary debates (Hansard) 1
HL Deb or HC Deb House abbreviation
2
Date,
3
vol Volume number,
4
col or cols column number(s).
Examples First footnotes: HL Deb 12 November 2009, vol 714, col 893. HC Deb 3 February 1977, vol 389, cols 973â&#x20AC;&#x201C;76. HL Dec 20 November 2013, vol 749, col WA209. HC Deb 24 April 2013, vol 561, col 904W. Subsequent footnotes (short form): HL Deb 12 November 2009 (n #). Bibliography: HC Deb 3 February 1977, vol 389, cols 973-76. HL Deb 12 November 2009, vol 714, col 893. HC Deb 24 April 2013, vol 561, col 904W. HL Dec 20 November 2013, vol 749, col WA209.
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Report: parliamentary debates (Hansard) TIP
Use this format for House of Commons and House of Lords debates. W after the column number if referring to a written answer in the House of Commons.
TIP Add
WA after the column number if referring to a written answer in the House of Lords.
TIP Add
TIP
For written answers in the current session of parliament refer to this webpage: https://www.parliament.uk/business/publications/written-questionsanswers-statements/written-questions-answers/
TIP
Remember to include the Unique Identifying Number (UIN) if referring to a recent written answer, which has not yet been published in Hansard.
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Report: parliamentary debates (Hansard) â&#x20AC;&#x201C; Public Bill Committees of the House of Commons 1
Title of the Bill
2
Deb
3
Date,
4
col or cols column number(s).
or (if the title of the Bill is particularly long) 1
PBC Deb
2
(Bill Bill number)
3
Date,
4
col or cols column number(s).
or (format for Standard Committees) 1
SC Deb
2
(Letter of standing committee)
3
Date,
4
col or cols column number(s).
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Report: parliamentary debates (Hansard) â&#x20AC;&#x201C; Public Bill Committees of the House of Commons Examples First footnotes:
TIP
Health Bill Deb 30 January 2007, cols 12-15.
or
PBC Deb (Bill 99) 30 January 2007, cols 12-15.
or
SC Deb (A) 13 May 1998, col 345.
Use this format for Public Bill Committees of the House of Commons debates (formerly known as Standing Committees).
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Report: parliamentary reports – committees 1
Committee name,
2
Title of the report
3
(HL or HC
4
Session dates,
5
Paper number-Volume number)
6
Page or paragraph number(s), if applicable.
Examples First footnote – for a House of Commons Select Committee Report: Education Committee, Services for Young People (HC 2010–12 744-I). First footnote – for a House of Lords Select Committee Report: Science and Technology Committee, Connected and Autonomous Vehicles: The Future? (HL 2016–17 115). First footnote – for a Joint Committee Report: Joint Committee on Human Rights, Counter-Extremism (2016-17 HL 39, HC 105) paras 28–35.
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Report: parliamentary reports â&#x20AC;&#x201C; committees Subsequent footnotes (short form): Education Committee (n #). Science and Technology Committee (n #). Joint Committee on Human Rights (n #). Bibliography: Education Committee, Services for Young People (HC 2010-12 744-I). Joint Committee on Human Rights, Counter-Extremism (2016-17 HL 39, HC 105). Science and Technology Committee, Connected and Autonomous Vehicles: The Future? (HL 2016-17 115).
TIP
Use this format for Select Committees of either House, or Joint Committees of both Houses.
TIP
Include a volume number if applicable, in roman numerals.
TIP
For reports of Joint Committees, cite the House of Lords paper number first then the House of Commons paper number.
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Report: parliamentary research briefing paper 1
Author,
2
Title of the paper
3
(Publisher
4
Series number
5
Report number,
6
Year)
7
<Web address>
8
accessed Date of access.
Examples First footnote: Djuna Thurley, Pensions: Civil Partnerships and Same Sex Marriages (House of Commons Library Briefing Paper SN03035 CBP-3035, 2018) <https:// researchbriefings.parliament.uk/ResearchBriefing/Summary/SN03035> 6 June 2018. Subsequent footnotes (short form): Thurley (n #).
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Report: parliamentary research briefing paper Bibliography: Thurley D, Pensions: Civil Partnerships and Same Sex Marriages (House of Commons Library Briefing Paper SN03035 CBP-3035, 2018) <https:// researchbriefings.parliament.uk/ResearchBriefing/Summary/SN03035> 6 June 2018.
TIP
Use this format for research papers and notes produced by the House of Commons Library, the House of Lords and the Parliamentary Office of Science and Technology (POST).
TIP
Include the publisher/series, series number and report number if applicable.
TIP
If you accessed the report online include the web address and date of access.
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Report: government publications 1
Name of department or body,
2
Title of the paper
3
(Additional information
4
Command paper number,
5
Year).
Examples First footnotes, with pinpointing: Ministry of Justice, Punishment and Reform: Effective Community Sentences (Cm 8334, 2012) para 155. Home Office, Serious and Organised Crime Strategy (Cm 8715, 2013) 45-52. Lord Chancellor’s Department, Modernising Justice: the Government’s Plans for Reforming Legal Services and the Courts (Cm 4155, 1988) ch 5. Subsequent footnotes (short form): Ministry of Justice (n #). Home Office (n #). Lord Chancellor’s Department (n #).
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Report: government publications Bibliography: Home Office, Serious and Organised Crime Strategy (Cm 8715, 2013). Ministry of Justice, Punishment and Reform: Effective Community Sentences (Cm 8334, 2012). Lord Chancellorâ&#x20AC;&#x2122;s Department, Modernising Justice: the Governmentâ&#x20AC;&#x2122;s Plans for Reforming Legal Services and the Courts (Cm 4155, 1988).
TIP
Use this format for Command Papers which include government publications presented to Parliament, such as White Papers, Green Papers, Responses to Select Committee Reports and Reports of Committees of Inquiry.
TIP
Command paper numbers differ depending on the year of publication, for example C, Cd, Cmd, Cmnd and Cm may be used.
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Report: Law Commission report 1
Law Commission,
2
Title of the report
3
(Law Com No Report number,
4
Year).
Examples First footnote, with pinpointing to a range of paragraphs: Law Commission, Reform of Offences Against the Person (Law Com No 361, 2015) paras 3.1â&#x20AC;&#x201C;3.13. Subsequent footnotes (short form): Law Commission (n #). Bibliography: Law Commission, Reform of Offences Against the Person (Law Com No 361, 2015).
TIP
You do not need to use a Command paper number if you have the Law Commission report number.
TIP
If you viewed the item online, you do not need to include this in the reference.
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Speech 1
Speaker’s name,
2
Speaker’s title,
3
‘Title of speech’
4
(Speech at Location,
5
Date)
6
<Web address>
7
accessed Date of access.
Examples First footnote: Attorney General’s Office and the Rt Hon Jeremy Wright, ‘Cyber and International Law in the 21st Century’ (Speech at Chatham House Royal Institute for International Affairs, 23 May 2018) <www.gov.uk/government/ speeches/cyber-and-international-law-in-the-21st-century> accessed 1 June 2018. Subsequent footnotes (short form): Attorney General’s Office and the Rt Hon Jeremy Wright (n #). Bibliography: Attorney General’s Office and Wright J, ‘Cyber and International Law in the 21st Century’ (Speech delivered at Chatham House Royal Institute for International Affairs, 23 May 2018) <www.gov.uk/government/speeches/ cyber-and-international-law-in-the-21st-century> accessed 1 June 2018.
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Speech TIP
Use this format for speeches and presentations.
TIP
Do not include postnominals such as QC or MP, but include a speakerâ&#x20AC;&#x2122;s title if appropriate.
TIP
If you accessed the speech online give the web address and date accessed.
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Thesis 1
Author name,
2
‘Title of thesis’
3
(Type of thesis,
4
University name
5
Year).
Examples First footnote: Warwick Alexander McKean, ‘The Principle of the Equality of Individuals Under International Law’ (PhD thesis, University of Oxford 1970). Subsequent footnotes (short form): McKean (n #). Bibliography: McKean WA, ‘The Principle of the Equality of Individuals Under International Law’ (PhD thesis, University of Oxford 1970).
TIP
112
Use this format for an unpublished dissertation or thesis.
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Tweet 1
Author/contributor,
2
‘Description of tweet’
3
(Twitter,
4
Date of tweet)
5
<Web address>
6
accessed Date of access.
Examples First footnote and bibliography: Human Rights Committee, ‘Windrush Generation Case Files and Challenging The Home Secretary with Regard to Human Rights’ (Twitter, 5 June 2018) <https://twitter.com/HumanRightsCtte/status/1003996945092956160> accessed 6 June 2018. Subsequent footnotes (short form): Human Rights Committee (n #).
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Video: online 1
Author/contributor,
2
‘Title of video’
3
(Date of publication)
4
<Web address>
5
accessed Date of access.
Examples First footnote and bibliography: LibertyHumanRights, ‘Does Mass Surveillance Make the World Safer?’ (16 February 2016) <www.youtube.com/watch?v=aN4HqL9pYQs> accessed 15 March 2017. Subsequent footnotes (short form): LibertyHumanRights (n #).
TIP
If there is no named author, give the organisation providing the source as the author. If this is unavailable start the reference with the title of the video.
TIP
This format can also be used for podcasts and other similar sources.
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Web page 1
Author/Corporate author name,
2
‘Webpage title’
3
(Website title,
4
Date of publication)
5
<Web address>
6
accessed Date of access.
Examples First footnote and bibliography: Legal Action Group, ‘Number of Employment Tribunal Cases Continues to Rise’ (Legal Action Group, March 2018) < www.lag.org.uk/article/204701/ number-of-employment-tribunal-cases-continues-to-rise> accessed 24 May 2018. Subsequent footnotes (short form): Legal Action Group (n#).
TIP
Use this format for webpages including references to social media platforms such as Facebook.
TIP
Provide the date of publication if available.
TIP
If the web page doesn’t have a named author, use the title of the webpage.
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Frequently Asked Questions What do I do if the publication has no date? Most published resources should have publication date. If a date of publication cannot be established provide the date on which you accessed the resource.
What if there is no obvious author for an item on the web? You can use an organisation whose website it is (such as the BBC) as the corporate author. However, if there is no author and it is not a site belonging to an organisation, you need to question whether or not this is a reliable source of information. You may start the footnote/bibliography entry with the title of the source if there is no obvious author.
There is no obvious publisher, what should I do? This would be fairly unusual. If you canâ&#x20AC;&#x2122;t determine the publisher, then you can use the name of the organisation responsible.
Can I mix referencing styles? No. You must only use one referencing style. Be consistent!
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How do I reference cases and legislation from other jurisdictions? Citations for cases and legislation from other jurisdictions will follow a similar format to UK citations. Use the formats in this guide as a basis for creating an appropriate reference. Refer also to section 2.8 of the OSCOLA (4th edn, 2012) guidance for more information.
How do I reference sources of International law? The current edition of the OSCOLA guidance doesn’t cover international law sources such as international treaties, and cases and documents from organisations such as the United Nations. Refer instead to the 3rd edition (2006) which covers these types of sources: W: law.ox.ac.uk/sites/files/oxlaw/oscola_2006_citing_international_law.pdf
I can’t find guidance on how to reference an item, what should I do? You can use the principles outlined in this guidance to create a reference for an item which isn’t listed. Think carefully about the item and what information you need to include about it. Have a go at creating a reference and you can ask your tutor or your Academic Liaison Librarian for advice if you are unsure.
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Study Support: Your Academic Liaison Librarian Rachel Hogg E: r.hogg@yorksj.ac.uk Your Academic Liaison Librarian can provide assistance to help you get the most out of the Library, advising on a range of topics and issues, including referencing. If you’re unclear on any of the guidance you’ve read in this booklet, your ALL is your first port of call. If Rachel isn’t available, please contact the Academic Liaison Team. E: academicliaisonteam@yorksj.ac.uk W: www.yorksj.ac.uk/ile/all
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Study Support: Online Help ILE Success Search Success can help students to develop effective search and study methods including referencing, and support skills that will be used far beyond University. Access Search Success from: W: www.yorksj.ac.uk/ile/success
Online Guide This YSJ guide to OSCOLA referencing is also available online, both as a PDF and in e-reader format on Issuu. Access the guide from Search Success: W: www.yorksj.ac.uk/ile/success
Official OSCOLA Guide The official guide to the current edition of OSCOLA (4th edition, 2012) which covers the citation of primary and secondary sources in the UK and Europe, is available here: W: law.ox.ac.uk/sites/files/oxlaw/oscola_4th_edn_hart_2012.pdf Print copies of the guide are also available in the Law Library. Have a look at the University of Oxfordâ&#x20AC;&#x2122;s OSCOLA page for further information: W: law.ox.ac.uk/research-subject-groups/publications/oscola
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Information Learning & Estates York St John University Lord Mayor’s Walk York YO31 7EX T: 01904 876696 E: ile@yorksj.ac.uk www.yorksj.ac.uk/ile
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‘OSCOLA Referencing’ © 2018 ILE at YSJ This booklet can be provided in other formats; let us know of your requirements.