Case Suggestions

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Court opinion details

The Court opinion details section of the Court opinion entries may display details of the primary court opinion such as the court opinion name, citations, judge(s), court, judgment date and popular name. Subscribers to reports and/or unreported judgments can access the full text of the decision by clicking on the relevant link from the court opinion citation where available.

Abstract

An abstract, available for legally significant and high profile court opinions, may appear at the top of the Court opinion entries entry and draws attention to notable features of those court opinions.

Catchwords & Digest
The catchwords appearing in bold text identify the main areas of law dealt with and provide the legal context of the primary court opinion or article. The digest component states the legal issues considered and summarizes the decision of the court or the argument of the article. Where a court opinion or article deals with more than one major issue, a different set of catchwords and digests may be used for each issue.

Court opinion signals

The Court opinion entries signal appearing next to the primary court opinion name indicates whether the decision has received positive, negative, cautionary or neutral treatment in subsequent judgments. The signal is a summary of the annotation information available from subsequent decisions in the litigation history and court opinions referring to this court opinion tables. The Court opinion entries signals appearing after the citation of the court opinions listed under the ‘appeal proceedings’ and ‘court opinions referring to this court opinion’ heading indicate the type of judicial treatment that each of these decisions has received. Clicking on these signals will take you to the Court opinion entries entry for these decisions.

Court opinions referring to this court opinion

Decisions which have subsequently considered the primary court opinion are listed here. The annotation appearing before the court opinion name indicates how the primary decision was treated in each of these court opinions. The Court opinion entries signals appearing after the citation of the court opinions listed under this heading indicates the type of judicial treatment that each of these decisions has received. Clicking on these signals will take you to the Court opinion entries entry for these decisions. Subscribers to report series can access the full text of the decisions listed here by clicking on the relevant link from the court opinion citation where available.
More information about Court opinion entries annotations.
More information about Court opinion entries signals.

Display and sorting

The Display drop-down list allows you to view court opinions based on the type of treatment they have given to the primary court opinion. For example, choosing the “negative court opinions only” option will only display court opinions that have not followed, disapproved, overruled or reversed the primary court opinion. There are four options available: negative court opinions only, negative and cautionary court opinions only, positive court opinions only or all court opinions.

The Sort by box contains three different options for sorting the court opinions that appear in the table under the heading you are looking at. Selecting any of these options will change the order in which the court opinions appear. You may choose to sort the court opinions by judgment date (latest first), alphabetically by court opinion name or by annotation (negative annotations first).

Journal articles referring to this court opinion
Journal articles considering the primary court opinion are listed under this heading. Clicking on the Court opinion entries signal appearing after the citation of an article will take you to the Court opinion entries entry for that article. Subscribers to journals can access the full text of an article (where available) by clicking on its citation.

Words and phrases
Particular words or phrases considered in a court opinion are listed here.

Litigation History
Listed here is both the prior and subsequent litigation history of the primary court opinion. The annotations included in this table indicate whether the primary court opinion is an appeal against an earlier decision, whether the primary court opinion has itself been affirmed, varied or reversed on appeal and whether any judgments that are part of the same litigation are available.

The court opinions appearing in the litigation history table are listed in reverse chronological order.

Court opinions considered by this court opinion
Court opinions that were referred to or considered by the primary court opinion are listed under this heading.

Legislation considered by this court opinion
Listed here are the legislative provisions referred to in the primary court opinion.
Court opinions that receive Court opinion entries annotations
The Litigation History and Court opinions referring to this court opinion sections of the Court opinion entries entry include court opinions that have later treated the primary court opinion. Before the name of each subsequently considered court opinion is the annotation used to describe the way the court in that particular court opinion dealt with the primary court opinion.
Descriptions of the annotations used in Court opinion entries
The following annotations are used to denote how the court in the subsequent appeal proceedings or the subsequent court opinion has judicially considered the primary court opinion.
The ‘court opinions referring to this court opinion’ section of the Court opinion entries entry
Applied
A principle of law articulated in the primary court opinion is applied to a new set of facts by the court in the subsequent court opinion.
Approved The court in the subsequent court opinion has approved the way the court in the primary court opinion, being a court of inferior jurisdiction, has articulated a principle of law.
Cited The primary court opinion is merely cited by the court in the subsequent court opinion, without comment.
Considered
Cons The legal principles articulated in the primary court opinion are considered or discussed without adverse reflection in the subsequent court opinion.
Disapproved
The decision in the primary court opinion is criticised by the court in the subsequent court opinion.
Distinguished
The court in the subsequent court opinion holds that the legal principles articulated by the primary court opinion (usually otherwise persuasive or binding authority) do not apply because of some essential difference between the two court opinions in fact or law.
Explained
The decision reached in the primary court opinion is justified by the court in the subsequent court opinion, drawing attention to some feature of the primary court opinion that may not be immediately obvious on its face.
Followed
Foll This annotation is similar to ‘applied’, but is used in circumstances where the facts in the primary court opinion resemble reasonably closely the facts in the subsequent consideration court opinion.
Not followed
Not foll The court in the subsequent court opinion has declined to apply the principles of law articulated in the primary court opinion.
Overruled
The legal principles articulated in the primary court opinion are held to be incorrect by the court in the subsequent court opinion, which is a court of superior or equivalent jurisdiction.
Questioned
The court in the subsequent court opinion has expressed doubt about the decision in the primary court opinion, but does not actually determine that the principles of law in the primary court opinion are incorrect.
The ‘Litigation History’ section of the Court opinion entries entry
Affirmed
The decision in the primary court opinion is upheld on appeal or the primary court opinion itself has affirmed an earlier decision.
Reversed
The decision in the primary court opinion is overturned on appeal or the primary court opinion itself has overturned an earlier decision.
Varied
The decision in the primary court opinion is only partly reversed or partly affirmed by the subsequent court opinion, or the primary court opinion itself has partly reversed or partly affirmed an earlier decision.
Related
The decision in the subsequent or earlier court opinion relates in some way to the primary court opinion, but the court in the primary court opinion is not assessing the merits of the related decision.
Special Leave Granted
Special leave to appeal the decision in the primary court opinion to the High Court or Privy Council has been granted or the primary court opinion is a decision granting special leave to appeal against an earlier decision.
Special Leave Refused
Special leave to appeal the decision in the primary court opinion to the High Court or Privy Council has been refused or the primary court opinion is a decision refusing special leave to appeal against an earlier decision.
Note that different principles in the primary court opinion may be treated differently in the subsequent court opinion, so that combinations such as Applied/Distinguished are possible (indicating that one principle was applied and another distinguished).

Case Suggestions

Case Suggestions

Court opinion details

Abstract

Court opinion signals

Court opinions referring to this court opinion

Display and sorting

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