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Oscola Example Essay

The Oxford University Standard for the Citation of Legal Authorities (OSCOLA) is the referencing style used by the Leicester Law School, and by many law schools and legal publishers in the UK.

OSCOLA is published and maintained by the University of Oxford, and is available to download for free from https://www.law.ox.ac.uk/research-subject-groups/publications/oscola.

OSCOLA includes rules and examples for referencing all types of primary and secondary legal resources in the UK, Europe and Internationally.

This webpage summarises the OSCOLA referencing style. It is not a substitute for the official OSCOLA referencing guides (above).

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Help and training

If you have any questions about OSCOLA referencing, please read this guide first, and watch the online lectures below. If your question is not answered, please contact the law librarian via librarians@le.ac.uk or 0116 252 2055. You can also make an individual or group appointment with the law librarian using Book a Librarian.

Workshops

The library runs an Introduction to OSCOLA workshop several times a year. The workshop is aimed at undergraduate law students, but all are welcome. Please see the workshop timetable for forthcoming dates. A copy of the workshop slides is available to download.

Online lectures

If you are unable to attend the OSCOLA workshops, the content is available in a series of online lectures:-

Online tutorials

The Institute of Advanced Legal Studies (IALS) has created an suite of online training resources via Law PORT. An Introduction to Citing References Using OSCOLA is an online tutorial introducing the general principles of OSCOLA, and how to cite the main primary and secondary sources of UK and EU law, and many other sources not covered in OSCOLA.

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Footnotes

OSCOLA is a numbered footnote referencing style. Footnote markers (superscript numbers) are inserted in the main body of your essay - normally at the end of the sentence, after the punctuation.1 The full reference is written in the corresponding numbered footnote at the bottom of the page, and the footnote is closed with a full-stop. Microsoft Word includes footnoting tools, and further guidance is available online.

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Bibliography

The bibliography is a complete list of all sources cited in your essay, normally presented at the end of your work. It is divided into two sections: 1) table of authorities (primary sources) and 2) bibliography (secondary sources). Generally, references are copied and pasted from the footnotes to the bibliography. For secondary sources, the format of the author's name is also changed to surname/initial to better enable alphabetical sorting.

The Table of Authorities is divided into subsections for a) cases, b) statutes and c) statutory instruments. If foreign or international materials are used, the primary sources may also be subdivided by jurisdiction. All references should be arranged alphabetically by title within each section.

The Bibliography is divided into subsections for a) books, b) official publications, c) book chapters, d) journal articles, e) other print sources, and f) internet sources. All references should be arranged alphabetically by author's surname within each section. Where the author is not known, references should be listed at the beginning, in alphabetical order by title.

Example

Table of Authorities

Cases
Statutes
Statutory Instruments

Bibliography
Books
Official publications
Book chapters
Journal articles
Other print sources
Internet sources

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Short forms and ibids

The first time you reference a source, full details should be given in the footnote. For subsequent citations, a short form of the reference can be given, followed by a cross reference (in brackets) to the fully referenced footnote. For cases the short form is normally the first party name, and for books and articles the author's surname. If you refer to the same work in the immediately following footnote, you can use ibid (an abbreviation of the Latin ibidem, meaning 'in the same place'), instead of the short form. Page numbers can also be used at the end of short forms and ibids.

Example
(Where footnote 3 refers to footnote 2; and footnote 4 refers to footnote 1)

1 Richard Pears and Graham Shields, Cite them right: the essential referencing guide (9th edn, Palgrave Macmillan 2013).

2 Lisa Webley, Legal Writing (3rd edn, Routledge 2013).

3 ibid.

4 Pears and Shields (n 1).

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Quotations

Short quotations (up to three lines of text), should be incorporated into the text, within 'single quotation marks'; longer quotations (over three lines of text), should be presented in an indented paragraph, without quotation marks. All quotations should be referenced by a footnote, and the page number of the quotation should be indicated at the end of the footnote.

Quotations from other works must be faithful to the original, except where it is necessary to change quotation marks from single to double, or vice versa. If some words are missing from the quotation, or if it ends mid sentence in the original text, use an ellipsis (...) to indicate that some of the quotation is missing.

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Page numbers

If you directly quote or paraphrase a source, you should include the page or paragraph number at the the end the footnote (although not in the bibliography). OSCOLA uses minimal punctuation, and page numbers are given simply as a number e.g. 5 or range of numbers e.g. 5-6 at the end of the footnote, without any 'p' or 'pp' or 'page' prefix; paragraph numbers are normally given in square brackets e.g. [5] or [5-7] at the end of the footnote, without any 'para' prefix.

Example

Book:- Lisa Webley, Legal Writing (3rd edn, Routledge 2013) 5

Journal:- Graham Virgo, ‘Why Study Law: the Relevance of Legal Information’ (2011) 11 LIM 221, 223-224

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Authors

Give authors' names as they appear in the publication, but omit postnominals such as QC. In footnotes, give the author's first name or initial(s) followed by their surname; in the bibliography, give the author's surname first, followed by their initial(s).

Example

Footnote:- Lisa Webley, Legal Writing (3rd edn, Routledge 2013).

Bibliography:- Webley L, Legal Writing (3rd edn, Routledge 2013)

If there are between 1 and 3 authors, give all the authors' names in the reference; if there are 4 or more authors, give the first author's name, followed by the words 'and others'. If the author is not known, begin the citation with the title (do not use anon).

Example

Footnote:- Scott Slorach and others, Legal Systems and Skills (3rd edn, OUP 2017).

Bibliography:- Slorach S and others, Legal Systems and Skills (3rd edn, OUP 2017)

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Books

Author, | Title of the Book | (Edition, | Publisher | Year)

Example

Footnote:- Lisa Webley, Legal Writing (3rd edn, Routledge 2013).

If pinpointing:- Lisa Webley, Legal Writing (3rd edn, Routledge 2013) 5.

Short form:- Webley (n #).

Short form if pinpointing:- Webley (n #) 5.

Bibliography:- Webley L, Legal Writing (3rd edn, Routledge 2013)

Book chapters

Author, | 'Title of Chapter', | in | Editor (ed), | Title of the Book | (Edition, | Publisher | Year)

Example

Footnote:- Philip Handler, ‘Legal History’ in Dawn Watkins and Mandy Burton (eds), Research Methods in Law (Routledge 2013).

Short form:- Handler (n #).

Bibliography:- Handler P, ‘Legal History’ in Dawn Watkins and Mandy Burton (eds), Research Methods in Law (Routledge 2013)

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Journal articles

Author, | ‘Title of Article’ | [(Year)] | Volume | Abbreviation | First Page

Example

Footnote:- Graham Virgo, ‘Why Study Law: the Relevance of Legal Information’ (2011) 11 LIM 221.

If pinpointing:- Graham Virgo, ‘Why Study Law: the Relevance of Legal Information’ (2011) 11 LIM 221, 223.

Short form:- Virgo (n #).

Short form if pinpointing:- Virgo (n #) 223.

Bibliography:- Virgo G, ‘Why Study Law: the Relevance of Legal Information’ (2011) 11 LIM 221

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Websites

Author, | Title of Website | (Date) | < URL > | accessed Date

Example

Footnote:- Equality and Human Rights Commission, Being Disabled in Britain: A Journey Less Equal (3 April 2017) <www.equalityhumanrights.com> accessed 8 May 2017.

Short form:- Equality and Human Rights Commission (n #).

Bibliography:- Equality and Human Rights Commission, Being Disabled in Britain: A Journey Less Equal (3 April 2017) <www.equalityhumanrights.com> accessed 8 May 2017

Blogs

Author, | ‘Title of Post’ | (Title of Blog, | Date of Post) | < URL > | accessed | Date

Example

Footnote:- Brian Meli, ‘May the 4th Be With Your Brand: A Legal Guide to Making Star Wars Tributes’ (LegalMatter, 27 April 2015) < www.legalmatterblog.com > accessed 28 May 2017.

Short form:- Meli (n #).

Bibliography:- Meli B, ‘May the 4th Be With Your Brand: A Legal Guide to Making Star Wars Tributes’ (LegalMatter, 27 April 2015) < www.legalmatterblog.com > accessed 28 May 2017

eBooks and eJournals

If you read books and journals online, as eBook and eJournals, you should normally reference them as if you were reading the print resource. There is no need to acknowledge the electronic format, database supplier, or web address (URL) and digital object identifier (DOI). If resources are published online only, with no print equivalent, then you should follow guidance for referencing websites, as far as possible.

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UK legislation

If you give a full legislation reference (title, year and section) in the main text of your essay, then you do not need to repeat the information in the footnote. The reference can be omitted from the footnote, but it should be included in the bibliography.

Act / Statute

Short Title | Year

Example

Footnote:- Human Rights Act 1998.

If pinpointing:- Human Rights Act 1998, s 12.

If shortening:- Human Rights Act 1998, s 12 (HRA 1998).

Short form: HRA 1998, s 12.

Bibliography: Human Rights Act 1998

Statutory Instrument

Title | Year, | SI Year/Number

Example

Footnote:- Copyright (Industrial Designs) Rules 1949, SI 1949/2367.

If pinpointing:- Copyright (Industrial Designs) Rules 1949, SI 1949/2367, reg 4.

If shortening:- Copyright (Industrial Designs) Rules 1949, SI 1949/2367, reg 4 (CIDR 1949).

Short form:- CIDR 1949, reg 4

Bibliography:- Copyright (Industrial Designs) Rules 1949, SI 1949/2367

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EU legislation

Title | [Year] | OJ Citation

Example

Footnote:- Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time [2003] OJ L299/9.

If pinpointing:- Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time [2003] OJ L299/9, art 7.

If shortening:- Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time [2003] OJ L299/9 (Working Time Directive 2003).

Short form:- Working Time Directive 2003.

Bibliography:- Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time [2003] OJ L299/9

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Treaties

Title | (adopted Date, | entered into force Date) | Citation

Citation = Volume | Abbreviation for Series | Page number

Citations should be from the UNTS (United Nations Treaty Series), or another National Treaty series.

Example

Footnote:- WIPO Copyright Treaty (adopted 20 December 1996, entered into force 6 March 2002) 2186 UNTS 121.

If pinpointing:- WIPO Copyright Treaty (adopted 20 December 1996, entered into force 6 March 2002) 2186 UNTS 121 (WCT), art 10.

If shortening:- WIPO Copyright Treaty (adopted 20 December 1996, entered into force 6 March 2002) 2186 UNTS 121 (WCT).

Short form:- WCT.

Bibliography:- WIPO Copyright Treaty (adopted 20 December 1996, entered into force 6 March 2002) 2186 UNTS 121

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UK cases

If you give the full case name in the main text of your essay, then you only need to give the case citations in the footnote (the case name can be omitted from the footnote).

Cases with a neutral citation (published after 2001)

Case Name | Neutral Citation, | Report Citation

Neutral Citation = [Year] | Abbreviation for Court | Case number

Report Citation = [(Year)] | Volume | Abbreviation for Law Report | Page number

Where possible cite cases from The Law Reports first, then Weekly Law Reports and All England Law Reports.

Example

Footnote:- Lucasfilm Ltd v Ainsworth [2011] UKSC 39, [2012] 1 AC 208.

If pinpointing to page:- Lucasfilm Ltd v Ainsworth [2011] UKSC 39, [2012] 1 AC 208, 228

If pinpointing to a judge:- Lucasfilm Ltd v Ainsworth [2011] UKSC 39, [2012] 1 AC 208 [42]-[44] (Lord Walker SCJ).

If case name given in essay:- [2011] UKSC 39, [2012] 1 AC 208.

Short form:- Lucasfilm (n #).

Bibliography:- Lucasfilm Ltd v Ainsworth [2011] UKSC 39, [2012] 1 AC 208

Cases without a neutral citation (published before 2001)

Case Name | Report Citation | (Court)

Report Citation = [(Year)] | Volume | Abbreviation for Law Report | Page number

Where possible cite cases from The Law Reports first, then Weekly Law Reports and All England Law Reports.

Example

Footnote:- Tyburn Productions Ltd v Conan Doyle [1990] 3 WLR 167 (Ch).

If pinpointing to page:- Tyburn Productions Ltd v Conan Doyle [1990] 3 WLR 167 (Ch), 168.

If pinpointing to a judge:- Tyburn Productions Ltd v Conan Doyle [1990] 3 WLR 167 (Ch), 178-179 (Vinelott J).

If case name given in essay:- [1990] 3 WLR 167 (Ch).

Short form:-Tyburn (n #).

Bibliography:- Tyburn Productions Ltd v Conan Doyle [1990] 3 WLR 167 (Ch)

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ECJ cases

Case Number | Case Name | ECLI citation, | Report citation

ECLI citation = Region | Court | Year | Case number

ECLI (European Case Law Identifier) is a new case law metadata standard and is similar to a UK neutral citation. It is not well known, and not currently part of OSCOLA (so can be omitted), although is covered in OSCOLA's FAQs.

ECR citation = [Year] | ECR | Volume- | Page number

CMLR citation = [Year] | Volume | CMLR | Page number

Where possible cite cases from the European Court Reports first, then Common Market Law Reports, or other major series.

If pinpointing to a paragraph number, use the prefix para instead of [brackets].

In the bibliography, reorder the citation by case name first, then case number and citation.

Example

Footnote:- Case C-607/11 ITV Broadcasting Ltd v TV Catchup Ltd EU:C:2013:147, [2013] 3 CMLR 1.

If pinpointing:- Case C-607/11 ITV Broadcasting Ltd v TV Catchup Ltd EU:C:2013:147, [2013] 3 CMLR 1, paras 30-36.

Case name given in essay:- Case C-607/11, EU:C:2013:147, [2013] 3 CMLR 1

Short form:- ITV Broadcasting Ltd (n #).

Bibliography:- ITV Broadcasting Ltd v TV Catchup Ltd (Case C-607/11) EU:C:2013:147, [2013] 3 CMLR 1

Unreported ECJ cases

Case Number | Case Name | OJ Citation

Example

Footnote:- Case C-527/15 Stichting Brein v Jack Frederik Wullems [2017] OJ C195/02.

Case name given in essay:- Case C-527/15, [2017] OJ C195/02

Bibliography:-Stichting Brein v Jack Frederik Wullems (Case C-527/15) [2017] OJ C195/02

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ECtHR cases

Case Name | Report Citation

ECHR citation = ECHR | Year | Volume | Page number

EHRR citation - (Year) | Volume | EHRR | Case number

Cite either from the Reports of Judgments and Decisions (ECHR) or the European Human Rights Reports (EHRR).

If pinpointing to a paragraph number, use the prefix para instead of [brackets].

Example

Footnote:- Animal Defenders International v United Kingdom (2013) 57 EHRR 21.

If pinpointing:- Animal Defenders International v United Kingdom (2013) 57 EHRR 21, para 124.

Case name given in essay:- (2013) 57 EHRR 21.

Short form:- Animal Defenders International (n # ).

Bibliography:- Animal Defenders International v United Kingdom (2013) 57 EHRR 21

Unreported ECtHR cases

Case Name | Application number | (ECtHR, | Date of judgment)

Example

Footnote:- Animal Defenders International v United Kingdom App no 48876/08 (ECtHR, 22 April 2013).

Case name given in essay:- App no 48876/08 (ECtHR, 22 April 2013)

Bibliography:- Animal Defenders International v United KingdomApp no 48876/08 (ECtHR, 22 April 2013)

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International cases

Case Name | Citation

Where possible cite cases from the International Court of Justice Reports first, then the International Law Reports or other law report series.

Example

Footnote:- Case Concerning the Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v Uganda) [2005] ICJ Rep 168.

Case name given in essay:- [2005] ICJ Rep 168.

Short form:- Congo v Uganda (n #).

Bibliography:- Case Concerning the Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v Uganda) [2005] ICJ Rep 168

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Secondary referencing

Secondary referencing occurs when you want to cite a text that you have not read. It is best academic practice to obtain the original material and cite it directly; however, there are times when this may not be possible. OSCOLA does not include rules for secondary referencing, although there is some unofficial guidance on using (as cited in) on the OSCOLA website.

Secondary reference | (as cited in | primary reference).

Example

Footnote:- Bernard Hibbitts, ‘The Technology of Law’ (2010) 102 Law Libr J 101 (as cited in Graham Virgo, ‘Why Study Law: the Relevance of Legal Information’ (2011) 11 LIM 221, 225).

Bibliography:- Virgo G, ‘Why Study Law: the Relevance of Legal Information’ (2011) 11 LIM 221

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Bibliographic software

Bibliographic software or reference generator software enables you to manage references, and insert footnotes and create bibliographies in your preferred referencing style. Bibliographic software works well for many referencing styles; but not for OSCOLA, which still requires a lot of manual editing, and a working knowledge of OSCOLA.

Foressays up to 5000 words, bibliographic software is not recommended.

Fordissertations and theses, EndNote may be helpful, although is not essential, and it is the only bibliographic software we recommend for use with the OSCOLA referencing style. Further information is available on our EndNote webpage, including an EndNote and OSCOLA user guide.

Other bibliographic software is available: RefWorks is tested and not recommended; Mendeley and Zotero are not tested. As regards the free reference generators e.g Cite This For Me, Citation Machine and Law Teacher, none produce referencing that is of a high enough standard, and they are not recommended.

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OSCOLA Referencing System

The OSCOLA system (The Oxford Standard for Citation of Legal Authorities) should be used to reference (cite) Law Reports (Cases), Legislation (Acts of Parliament) Legal Journals / Law Reviews and books which you have used in your research. For further details please consult the full documentation at: http://denning.law.ox.ac.uk/published/oscola.shtml The OSCOLA style is quite unique and you must be aware that law materials will be referenced quite differently in other books and official sources, as these are based on the rules of another system, usually Harvard. You must be consistent and convert everything to OSCOLA.

Punctuation

OSCOLA uses very little punctuation, e.g. no full stops after abbreviations ( QB not Q.B. for Queen’s Bench ) nor after the “v ” between two parties in a case. A comma is used sparingly to separate distinct parts of a book reference, notably between the author and the title, and a colon separates a title from the subtitle e.g. Domestic Violence: Law and Practice

UK Cases (Law Reports)

For the “best” available source for your law report, provide a neutral citation (for cases after 2001) then cite the most authoritative source, i.e. the Official Law Reports (Appeal Cases, Queen’s Bench etc.). The Weekly Law Reports are the next best, then the All England Reports. If your case is ONLY reported in a specialist series such as the Family Law Reports, this is then the accepted best citation and you should use this.

Case names should be in Italics and in lower case ( including the “v “ ). The date should be in round or square brackets according to the style of the report series. (If a report has several volumes in one year with the same numbering sequence every year, the year is crucial, and the date must be in SQUARE brackets. Where reports use an ongoing numbering sequence year after year to indicate volumes, the date is less important and can be put into ROUND brackets.)

The volume number follows the date. The report series in which the case appears is abbreviated, e.g. AC for Appeal Cases, WLR for the Weekly Law Reports etc. For pre 2001 cases the final number is the first page of the report. The relevant court should then be specified, for example: Giles v Thompson [1994] 1 AC 142 (HL)

Neutral citations for cases were introduced from 2001 to recognise the extensive use of electronic law reports, and cite only the parties, year of the judgment, the court and the case number. This is given in the first part of the citation, followed by details of the citation from the best available published report ( if there is one ), with a comma to separate e.g. Arkin v Borchard [2005] EWCA Civ 655, [2005] 1 WLR 3055

European Cases 1)

European Court of Justice (ECJ) and the Court of First Instance (CFI). The preferred source is the European Court Reports ( ECR ). Series ECR 1 reports the ECJ cases and ECR 11 those of the CFI. If there is no ECR citation use the Common Market Law Reports, or if the case is in any UK law reports series cite these, using the same order of preference as for UK cases ( see above ).

Cases since 1989 have been numbered according to whether they have come from the European Court of Justice ( prefix C) or the Court of First Instance ( prefix T). Cases before 1989 have no prefix at all. Your citation must start with the case number, then the party names in italics, the law report series, and finally the page number. Example: Case C 212 / 03 Commission of the European Communities v France [2005] ECR 14213 Case T 180 / 98 Cotrim v CEDEFOP [1999] ECR 111077

European Court of Human Rights

You can use either the official reports ( originally known as Series A and since 1998 as Reports of Judgments and Decisions but cited as ECHR ), or the European Human Rights Reports ( EHRR ). Since 2001 EHRR has used case numbers instead of page numbers. Give the party names, the application number, then the law reports series. Example: Whitfield v United Kingdom ( App no 46387 / 99 ) (2005) 41 EHRR 44

EC Commission Decisions

The source for these will vary - some will only have a reference from the Official Journal of the European Communities ( OJ ) ( usually the best ). If not, use the Common Market Law Reports. Example : Interbrew / AlkenMaes [2003] OJ L200 / 1 Please refer to the full Oscola documentation for further examples ( see page 1 of help sheet )

UK Legislation

Acts of Parliament Most acts can be cited using the short title and date, but to identify a particular section and/or subsection, add “s” plus the section number and subsection in brackets, for example: Constitutional Reform Act 2005 s 45(4) House of Commons Bills have a running number in square brackets at the end, after the dates of the relevant Parliamentary session. Those from the House of Lords (HL) do not, e.g. Identity Cards HC Bill (200506) [49] Identity Cards HL Bill (200506) 28

EC Legislation

It is important to specify the different types of legislative documents, which include Regulations, Directives, and Decisions, in your citation. Please note that some Decisions are treated as cases. Details are normally taken from the Official Journal of the European Communities ( OJ ) “L” ( Legislation ) series. You must give the number, its full title, plus the date and reference from the OJ. Example :

Council Directive (EC) 2000 / 43 of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin [2000] OJ L 180 / 22 In subsequent references or footnotes you could summarise the full title, e.g. Equal Treatment Directive 2000 / 43. You must indicate the type of legislation and the number, to distinguish it from other possible similar documents. Please refer to the detailed Oscola documentation for a fuller explanation.

Books (and chapters within books)

A book by a single author will be cited like this: MT Molan, Criminal Law:Cases and Materials (3 rd edn Cavendish, London 2005) 29 The author’s initials or first name ( if known ) come before the surname and the title is in italics. The edition, publisher, place of publication, and date, follow in brackets. If the edition of the book you used is later than the first, which is quite likely, you MUST specify this. If you need to give the page numbers for the specific section you consulted, add them last. If the book is a collection of chapters edited by one or more people, use (ed) or (eds) after their name(s). For example: M Elliott (ed), Beatson, Matthews and Elliott’s Administrative Law :Text and Materials (OUP, Oxford 2005).

The above example also shows that well established books continue to be known by their original titles long after their original authors have died and each new editor must be identified.

For multiple authors, insert ‘and’ between each name for up to three authors. For more than three authors, give the details of the first author, and add ‘and others’, e.g. Damien Chalmers and others, European Union law : text and materials (CUP, Cambridge 2006 )

Chapters within Books

To identify any particular chapter in a book of edited readings, you must use the word in and put the title of the chapter in single inverted commas. For example: MA Jones, ‘Breach of Duty’ in A Grubb (ed), Principles of Medical Law (2 nd edn OUP, Oxford 2004)

Secondary Referencing

Always try and read the original source of information rather than someone else’s interpretation and never cite a footnote to it from another work. Oscola has no written guidance on this but their help desk suggests linking the journal article, book or case which you HAVE actually read to that which your source cites, and which you HAVE NOT read, by using the word “citing”. The example below indicates that you have only seen Deakin’s report of this case. S Deakin and GS Morris, Labour Law ( Hart Oxford 2005 ) citing Hall v Lorimer [1994] IRLR 171

Journal Articles

The author of the article is followed by the title of the article in single inverted commas but unlike books, it is NOT in italics. The main title words need to start with a capital letter even if the original does not. For example: J Rowbottom, ‘ Media Freedom and Political Debate in the Digital Era’ ( 2006 ) 69 MLR 489

The titles of Law Journals are normally abbreviated. Use the Cardiff Index of Legal Abbreviations for the correct form of each title, or the guidance given in some of the printed journals. Dates are in square or round brackets according to the same rules which apply to Law Reports. The volume number or month is next, then the issue number in brackets ( if the pages are renumbered from 1 in every issue), and finally the first page of the article.

For a journal article which is ONLY available electronically : G Watt, ‘ The Soul of Legal Education’ [2006] 3 Web JCLI <http://webjcli.ncl.ac.uk/2006/issue3/watt3.html> accessed 17 October 2006 Treat Case Notes in the same way. If there is no article title, put the party names in quotes e.g. ‘DPP and Smith’ and add ( case note ) or ( case comment ) followed by the journal citation.

Newspaper Articles

Quite often there is no obvious author, or the article is actually an editorial comment. Indicate the lack of an author using () or use the word Editorial if that applies. Cite as for a journal article, but put the newspaper name in italics. You also need the city and date (day) of publication in brackets, and lastly the page number. Example : J Rozenberg, ‘Falconer Launches Human Rights Drive Defence’ Daily Telegraph (London September 29 2006) 2

If you use an electronic version with no page number, give the web address as for an electronic journal article, and indicate the date on which you accessed the article. Websites

If you access any electronic information via a database such as Westlaw you do not need to mention this. However, to cite free websites such as a government department, a charity or a professional organisation, you will need the author ( or corporate author ), the title, in single inverted commas, the document type, the full web address and the date you accessed the site, e.g.: Campaign for Freedom of Information, ‘Whistleblowing’ <http://www.cfoi.org.uk/whistle.html> accessed 23 October 2006 Official (Government) Publications

Reports by parliamentary committees are cited using the name of the committee as the author, and details of the report (annual or special etc.) as the title. Give the years of the parliamentary session, indicate HL or HC for the House of Lords or Commons, then the serial number. Use inverted commas around the title, if this is specific. Example: Select Committee on Delegated Powers and Deregulation, 3 rd Report [Session 199899] HL Paper (199899) no 12.

Publications by individual government departments or named individuals within, e.g. Secretaries of State, or organisations, also use their name as the author. Give the Command Paper number ( in the correct abbreviated format for the relevant year ) where appropriate, e.g.: Home Office, ‘A pointsbased system: making migration work for Britain’ (Cm 6741, 2006) Law Commission ‘Trustee Exemption Clauses’ (Law Com No 301 2006)

Quotations

You must use the exact words of the original. If there are any errors, make these clear by using the word [sic], and do not attempt to correct anything. Restrict any comments you wish to make to the footnotes . If the quote is in midsentence in your text it must be in single quotation marks and be less than three lines long. If you are quoting from an existing quote make this clear by using double quotation marks around the original quote. If the extract starts midsentence use three dots thus … `and a spokesman from The Law Society clarified this by saying that “ court rules must strike a balance between the right to privacy and the public interest ”, which closed the debate` .

For a longer quote space down a line, indent from both sides of the margin and introduce by using a colon, but do not use quotation marks. Example : In discussing liberal feminism one view is : Liberalism has often been associated with the birth of feminism, but although it is indeed a strong association, this is historically inaccurate : some early feminists , like Mary Astell, were conservative in their general political views, and took a much more distinctly feminist or womanoriented stance than is implied in the idea of liberal feminism. ( insert your footnote )

If there is a further quotation within a long passage as above you would use single quotation marks, as there are none there already.

Footnotes

The OSCOLA system uses footnotes for referencing at the bottom of each page. Use a running number (1) ( expressed this way ) after every reference in your text, as your footnote indicator. This is easily done in word processing systems such as Microsoft Word, but will vary according to what version you have. For example, if you make a short quote in your text, such as ‘lawyers and the public at large have an inbuilt resistance to the notion that economics can have any relevance to law’ (2) you would provide a citation as in footnote 2 at the bottom of this page. If you made a subsequent reference to this book, you would need a new footnote, but need only to repeat the author’s name, the original footnote number ( in brackets ) and the new page reference ( footnote 3 )

Keep the notes brief or they distract your reader too much and try to restrict their use to help identify sources used in your text, not leading to other sources for your arguments etc. Each footnote should start with a capital letter unless using an abbreviation such as ‘eg’ which is always lower case. Always use a full stop at the end of each footnote.

When citing a case within your text you would give the party names only e.g. Anns v Merton but give the usual full citation in your footnote. For more than one case per footnote, list them by date, separated by a semicolon.

As full details are given in the main footnote for each reference, there is no need to provide a list of references or bibliography as well.

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1 This is an example of where a footnote would be placed using OSCOLA.
2 B Pettet, Company Law ( 2 nd edn Pearson London 2005) 66.
3 Pettet ( n 2 ) 387. Produced by CLSD 1206
| Doc: Oscola.doc

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