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Web-based Legal Research

by  Patrick Moran

As more sets of chambers establish themselves outside of the Inns of Court, so increasingly barristers find themselves working away from the Inn libraries. However, the days of dusty hours spent in darkened alcoves are becoming distant memories.

More and more case law and legislation can now be found on the internet. A multitude of websites provide access to the law of various jurisdictions. Whilst some of these sites are subscription-only, there are a remarkable number from which cases and legislation can be accessed and downloaded without charge. The following is a brief run-down on some of the sites to be found. This article is not intended to be a comprehensive review of the various sites, but simply a guide to what is out there.

Subscription Services

Subscription services vary both in terms of quality (ease of use) and quantity (size of database). Most of them allow you to tailor your account to suit your needs, thereby saving the cost of subscribing to a publication which you will never read. Several services also give you the option of having updates e-mailed directly to you, allowing you to keep abreast of the latest developments in the law as they happen.

Butterworths Online/Lexis-Nexis

Two separate services are provided by this organisation:

• The standard Butterworths Online service contains several features for criminal lawyers. Not only does it provide a substantial amount of case-law and legislation, but subscriptions can be tailored to include sources such as Stone's Justices' Manual, Halsbury's Statutes and Is it in Force?
• The more detailed Lexis-Nexis Professional service provides a wealth of information, not just restricted to matters of law. Access can be gained to news, legal sources, business information and market intelligence. The site claims to provide information from more than 32,000 sources. Articles can be found from publications such as the Law Society Gazette, the New Law Journal, Magistrates' Court Practice, and even the Police Journal.

http://www.butterworths.co.uk/

Westlaw UK

This service is owned by Sweet & Maxwell. Westlaw UK provides legislation dating back to 1267, and a great deal of case law and other source material.

The specialist Westlaw UK Crime service provides access to Archbold Online, the Criminal Appeal Reports from 1967 onwards, the Criminal Appeal Reports (Sentencing) since 1979, and unreported cases since 1999. Also, access can be gained to Current Sentencing Practice and the Criminal Law Review.

http://www.westlaw.co.uk/

Smith Bernal's Casetrack

This service contains the full text of all judgments of the Court of Appeal (both Criminal and Civil Divisions) since 1996/1997. It also covers all divisions of the High Court over the same period.

Casetrack also has selected European case law and links to other sources, such as the Irish and Northern Irish Courts.

http://www.casetrack.com/

Sweet & Maxwell's Lawtel

This service can provide access to a large number of legal sources, depending again on your subscription package.

Case law databases include: all judgments handed down from the Court of Appeal (Criminal Division), the Queen's Bench Division, and even selected Crown Court decisions. Lawtel also provides all cases from the Criminal Appeal Reports and the Criminal Law Review from January 1998 onwards, as well as the All England Law Reports, the Weekly Law Reports and the Times Law Reports from 1980 onwards.

Lawtel gives access domestic legislation from 1984 onwards, selected European case law, and unreported cases. Abstracts are also provided from selected journals such as the New Law Journal, the Modern Law Review and the Law Society Gazette.

http://www.lawtel.co.uk/

Justis

This service can be accessed through the internet or bought in CD-Rom format.

Case-law databases include: The Law Reports since 1865, the Weekly Law reports since 1953, the Criminal Appeal Reports since 1967, and the Criminal Appeal Reports (Sentencing) since 1979.

It appears that Justis are planning to provide online access to the English reports, thereby extending their catalogue to include cases reported between 1220 and 1865.

Justis also provides comprehensive access to UK legislation and European case-law.

http://www.justis.com/

Free Services

Non-subscription services also vary in terms of quality and quantity. Most developed-world higher courts now have their own websites on which they publish their judgments daily. However, these sites are still relatively young. In time, the will probably become the first "port of call" of the legal researcher. At the moment, however, one must search a little harder to find the earlier cases.

British and Irish Legal Information Institute

BAILII contains a substantial number of transcripts of judgments from the Higher Courts of England and Wales over the last 9 years. This non-profit service has a particularly good database of cases decided by the Court of Appeal (Criminal Division) between 1996 and 1999.

Unfortunately, with the advent of competing subscription-only online services, the willingness of court transcribers to donate transcripts to BAILII has dwindled. The charity is pressing for change.

http://www.bailii.org/

European Court of Human Rights Website

For full text judgments from the European Court of Human Rights.

http://www.echr.coe.int/Eng/Judgments.htm

House of Lords Website

This site contains the full text of judgments of the House of Lords since 14th November 1996.

http://www.parliament.the-stationery-office.co.uk/pa/ld199697/ldjudgmt/ldjudgmt.htm?

Court Service Website

For selected judgments from the Higher Courts since 1996:

http://www.courtservice.gov.uk/judgments/judg_home.htm

Her Majesty's Stationery Office

This site contains all domestic legislation enacted since 1988. Access can be gained to both statutes and statutory instruments. A word of caution - these documents will appear in their original form - as enacted. Any repeals or amendments are not incorporated (unlike the more sophisticated subscription services).

http://www.hmso.gov.uk/legislation/about_legislation.htm

Justcite

A free service to assist researchers in locating case references. This website does not provide access to the cases themselves, but it can provide invaluable assistance in establishing where to find/look for them.

http://www.justcite.com/

Daily Law notes

A digest service from the Incorporated Council of Law Reporting.

http://www.lawreports.co.uk/update.htm

Butterworths Crime Online

This service provides a free news service to non-subscribers. Click on news at the following page:

http://grenville.butterworths.co.uk/

Other jurisdictions

The following sites contain both legislation and case-law from various jurisdictions. Direct links to the websites of Higher Courts around the world can also be found by straightforward "searches by name" using search engines such as Google.

• Australian Legal Information Institute http://www.austlii.org/
• Canadian Legal Information Institute http://www.canlii.org/
• Irish Legal Information Institute http://www.ucc.ie/law/irlii/irliiindex/irliiindex.php

30 September 2004

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