New practice direction on the citation of authorities from Lord Chief Justice
The Lord Chief Justice, Lord Judge, has issued a new Practice Direction on the citation of authorities for England and Wales (Practice Direction: Citation of Authorities [2012] 2 All ER 255). It repeals all previous Practice Directions on the issue and applies to all courts from the Magistrates’ Court to the Supreme Court. The practical effect is that from now on, where authority is cited, whether in written or oral submissions, the following hierarchy applies:
- First is the Official Law Reports (AC, QB, Ch, Fam), published by the Incorporated Council of Law Reporting.
- Second are the Weekly Law Reports and All England Law Reports, which are expressly stated to be of equal weight.
- Third are the authoritative specialist series of reports which contain a headnote and are made by individuals holding a Senior Courts’ qualification.
Where a judgment is not reported in any of the above, but is reported in other reports, they may be cited. If a judgment is unreported, reference may be made to the official transcript if that is available, not the handed-down text of the judgment (as that may have been subject to late revision).
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