Case law (or judicial precedent) is law which is made by the courts and decided by judges. Judicial precedent operates under the principle of stare decisis which literally means “to stand by decisions”. This principle means that a court must follow and apply the law as set out in the decisions of higher courts in previous cases.
In order for the principle of stare decisis to operate, a judge must know what the previous decisions of courts are. Case reports, or “law reports”, make this possible. Although earlier collections of cases exist, it was in the 19th century that a formalised system of law reporting was established in Scotland and England. There are currently many different series of law reports published, which reproduce judgments and add supplementary information by an editor. It may take some time between a judgment being handed down and its being published as a report. Similar systems of law reporting operate in other common law jurisdictions.
The main sources of cases are law reports, digests and official transcripts.
Case law, like legislation, can change over time. Just because a decision was good law once does not mean it remains so today. A lawyer needs to be able not only to find and read case law, but also to be able to check whether it has been subject to subsequent judicial consideration and whether it remains good law.
Please read the Additional Information before accessing this eResource.
Westlaw provides full-text access to a variety of legal information, including many UK cases, UK and Scottish legislation, a number of UK legal journals and EU materials. Westlaw's Journals search provides abstracts from articles from UK-published journals, including articles not available in full-text on Westlaw. Non-UK material is available by following the link to 'Westlaw International' from the homepage.
Users should sign in to this resource using University credentials. First time users (and users who have not accessed Westlaw in over 15 months) will also be prompted to register an account. Please follow our Westlaw Registration Instructions before accessing the resource for the first time.
Use your University of Strathclyde email address when registering. Users are not required to create a separate password for this resource.
Thomson Reuter's Privacy Policy and Cookies information can be viewed via links on the site.
vLex Justis is a legal research platform. Our access to content is limited to Session Cases Archive (1821-1872) and Immigration Appeal Reports. In addition, the search and analysis tools enable you to find case law and legislation content from across other services and publishers, including Westlaw, Lexis, HeinOnline, and BAILLI.
Users should sign in to this resource using University credentials. The site presents a pop-up box giving the option of customizing your profile by entering name and other information. Please note that this is optional. If you do not wish to personalise your vLex Justis account, you can close this pop-up and continue using this eResource as an anonymous Strathclyde member.
Links to vLex Justis Terms and Conditions and Privacy Policies are presented in the pop-up box, and are also available from the menu behind the profile/account icon.
For more information about finding and using case law, take a look at our case law guide: