Legal Research FAQs
The following checklists are designed as a quick aide-memoire. For fuller information on legal research click here for the ICCA Research Guide.
These checklists apply to the law of England and Wales. For guidance on other jurisdictions please contact the Library Enquiry Desk. These checklists are information only and do not constitute legal advice.
All the databases referred to below are available in Lincoln’s Inn Library.
Is your case good law?
Sources
- Westlaw Cases – In the Case Analysis Table of Contents, under Primary References, check the cases citing section.
- Lexis – In the Case Overview, check the Cases referring to this case.
- vLex – The Cited in tab at the top of the case includes the option to filter by Cases.
- BAILII – Find recent cases citing your case by conducting full text searches on BAILII on the case name.
Things to consider
- Beware of “traffic light” symbols. These are a useful indicator that the case has been considered in some way, but that is all – you need to check the key cases which consider this to understand its status and relevance to your research.
- When checking cases citing your case, check the jurisdiction of the later case (i.e. is the later case binding or persuasive precedent).
- Search on distinctive names from the case, rather than typing in the full case name. (e.g. for HRH Prince Jefri Bolkiah v KPMG, type KPMG AND Bolkiah)
- Check multiple databases when possible – may index differently or reference different cases.
For further advice please contact the Library Enquiry Desk.
Does your case exist?
Sources
- Westlaw Cases – Search for your case on a subscription database.
- Lexis – Search for your case on a subscription database.
- vLex – Search for your case on a subscription database.
- BAILII – Search for your case on a free but reputable database.
- National Archives ‘Find Case Law’ – Search for your case on a free but reputable database.
- Westlaw Journals – There may be articles about a case if it is unreported.
- Textbooks – Particularly useful for references to older cases.
- The Digest or Current Law Yearbook (both available in print in the Library).
- Westlaw Current Awareness (Archive) – Useful for references to newspaper reports.
- Courts – Check the court websites or call the registry.
- Forthcoming appeals / permission to appeal – Check the Supreme Court website or the Court of Appeal Case Tracker for Civil Appeals websites.
- Internet search – Beware of sources. For instance, this can be helpful if a barrister or law firm has written an article about one of their cases – but always check the authority of your source.
Things to consider
- Could the case be from another jurisdiction? If so, you may need to consult different sources.
- Full text searches on case names – Search on distinctive names from the case, rather than typing in the full case name. (e.g. for HRH Prince Jefri Bolkiah v KPMG, type KPMG AND Bolkiah)
- Remember shipping cases are sometimes cited by parties’ names but sometimes, informally, by the name of the ship.
- If you do not recognise a case citation, check the Cardiff Index to Legal Abbreviations – available for free online.
For further advice please contact the Library Enquiry Desk.
Is legislation in force?
Sources
- Westlaw Legislation – Defaults to the version in force, notes in each section detail amendments and repeals.
- Lexis Legislation – Defaults to the version in force, notes in each section detail amendments and repeals.
- Legislation.gov.uk – Defaults to the version in force, notes in each section detail amendments and repeals. N.B. Not always as up to date as the subscription databases. Check up-to-date-to date in the Changes to legislation note.
- vLex – Takes amended legislation information from legislation.gov.uk
Things to consider
- Local legislation – The main source for updating a Local Act is the Chronological Table of Local Legislation, available on legislation.gov.uk. For amendments after 2008, search for the Act on Westlaw Legislation.
- Statutory Instruments – Westlaw and Lexis+ should both include notes at the bottom of the section (version in force) which outline details of amendments / revocations.
- Check for amendments which may be pending.
For further advice please contact the Library Enquiry Desk.
Has the legislation been considered in case law?
Sources
- Westlaw Cases – On the Cases search page click on More options to reveal search fields including Legislation Title and Legislation Provision No.
- Westlaw Legislation – Find the Act or section, links to cases which cite it found in Table of Contents – Primary References – Key / All Cases Citing.
- Lexis Legislation – Find the Act or section, links to cases which cite it found in Related Documents – Cases.
- vLex – The Cited in tab at the top of the legislation includes the option to filter by Cases.
- BAILII – Search for the legislation title within the case search.
- Textbooks – Textbooks on a particular subject (or annotated guides to particular Acts) include tables of statutes, and these sections may reference relevant case law.
Things to consider
- Westlaw and Lexis provide the option to identify case law which cites particular sections of a piece of legislation, rather than simply the entire Act.
N.B. Double check that the cases retrieved do actually relate to that section, as there can be indexing errors. - Relies on correct indexing. E.g. a case record on a database might index a case under a section, a chapter or a part of an Act / S.I.
- Check multiple databases when possible – may index differently or reference different cases.
For further advice please contact the Library Enquiry Desk.
Is your source trustworthy?
Sources
- Subscription databases – Westlaw, Lexis+, vLex and other subscription databases (e.g. ICLR) upload material from verified sources.
- Free authoritative websites – Some websites have responsibility for uploading verified material, e.g. BAILII for transcripts of case law, and legislation.gov.uk for legislation.
- Textbooks – Primary law cited in textbooks should have been checked before publication, but always conduct your own analysis of any primary law cited.
- Barrister or law firm websites – Useful for articles about cases they are involved with, but contact them for verification or details.
Things to consider
- You need to be confident that any material you rely upon in court is true and accurate – only use trustworthy sources.
- If you find material on a free website, always check references to primary law in a reputable source (ideally the subscription databases).
- If you believe a source document may have been generated by AI, remember that the content may look more accurate than it actually is – sense check everything and check all references to primary law.
- If you use free websites, remember to check the material is authoritative, accurate and up-to-date.
For further advice please contact the Library Enquiry Desk.
What do you do when you are new to a subject area?
Sources
- Textbooks – Start your research with commentary in textbooks. These will provide references to key primary law and place these in an appropriate legal context. The indexes are invaluable guides to the subject and for generating keywords.
- Journal articles – These allow authors to explore topics in more depth and detail, and can be more up-to-date than textbooks.
- Practice databases – Practical Law and Lexis+ Practical Guidance both provide practice notes and checklists, and group together resources by practice area.
- Database searches – Conduct subject searches on Westlaw Cases and Legislation Cases.
- Westlaw – The Browse by Topic function on the homepage groups together relevant material, including useful Topic Overviews.
- Lexis+ – The Practice Area function on the homepage groups together relevant material.
Things to consider
- Clarify any jargon or abbreviations.
- Generate keywords before you begin your research, and revise and refine this as your understanding develops. These keywords are essential tools in identifying useful sources and creating useful searches on the databases.
- Start broad and then narrow. Begin your research with broad sources (e.g. Halsbury’s Laws of England) and broad searches on the databases, to reduce the risk of excluding useful information. After that, once you are clearer in what you need to research, use narrower resources (e.g. practitioner textbooks) and more focussed searches on the databases.
- Always conduct your own independent analysis of primary law found from secondary sources.
- If you use AI, make sure you check any references against primary sources and reputable legal commentary. AI should only be used as a starting point for research.
For further advice please contact the Library Enquiry Desk.