Learning Outcomes
After reading this article, you will be able to: identify authoritative legal sources, accurately record sources for research notes and client files, apply correct citation formats for statutes, statutory instruments, and case law, and correctly use pinpoint references to paragraphs and page numbers as required for the SQE2 assessment.
SQE2 Syllabus
For SQE2, you are required to understand authority validation and citation from a practical standpoint. This article focuses on core skills for revision, including:
- Determining whether a source is authoritative and up-to-date.
- Recording all sources, including legislation and cases, with precise and complete citations when undertaking legal research or preparing for client matters.
- Applying the correct conventions for citations of statutes, statutory instruments, and court judgments.
- Using pinpoint references to paragraph, section, or page numbers where direct quotations or specific legal propositions from authorities are relied upon.
- Recognising the professional and ethical duties relating to authority citation in written advice and oral submissions.
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What is a "pinpoint citation," and how does it differ from a general case or statute citation?
- Why must every direct quotation from a legal authority in written advice be supported by a pinpoint reference?
- Which of the following is a complete citation for a statutory provision:
a) "Human Rights Act"
b) "Human Rights Act 1998 s 3(1)"
c) "Section 3"
d) "Human Rights" - If you rely on a judgment with multiple law report citations, which version should you cite in written advice for England and Wales?
Introduction
Accurate authority validation and citation are essential professional research and advisory skills for the SQE2. You must be able to check the authority and currency of cases and statutes, record correct and complete citations in all research notes and advice, and provide pinpoint citations to support the legal propositions you rely on—both in written and oral form.
Validating Legal Authorities
Before citing any statute, statutory instrument, or case as authority, confirm the text is official, authoritative, and up-to-date.
Key Term: authority validation
Authority validation is the process of ensuring that a legal source is official, reliable, and current, suitable for referencing in professional advice.
Always use official, or otherwise recognised, versions of the law. For legislation, prefer versions from legislation.gov.uk, LexisLibrary, or Westlaw. For cases, prefer the Official Law Reports. Where a case is reported in multiple series, cite the version specified by court practice direction.
Key Term: official report
The official, authoritative published version of a legal source, such as the Law Reports for cases, or published legislation from an official source.
Worked Example 1.1
You locate a judgment on a free legal website and wish to quote a key paragraph in your written advice. What two steps must you take before relying on it?
Answer:
First, confirm that the judgment is the official or approved version and is current (not subsequently corrected or superseded). Second, identify the law report citation and pinpoint paragraph before quoting, ensuring your research note records the precise details for later reference.
Recording Sources in Research
You must keep a clear and accurate record of every source you consult when preparing legal advice, conducting research, or assembling bundles of authorities for proceedings.
Key Term: research record
A research record is a systematic note of sources checked, how they were accessed, with full citation and pinpoint reference for each.
For each statute, note the title, year, section, and source. For each case, provide the full party names, neutral citation, law report, and pinpoint. Enter this information as you find it—do not leave it until later.
Worked Example 1.2
You advise a client on s 4 of the Dangerous Dogs Act. You note:
- "s 4 Dogs Act"
What is wrong?
Answer:
The citation is incomplete and ambiguous. A proper research record would note "Dangerous Dogs Act 1991 s 4," the source of text (e.g., Westlaw UK), and include relevant subsection(s) or pinpoint references.
Citation and Pinpoint References
Legal writing demands both accurate citations and, when supporting a specific legal proposition or quoting directly, a pinpoint citation to the exact section, subsection, regulation, rule, or judgment paragraph.
Key Term: pinpoint citation
A pinpoint citation directs the reader to the specific section, subsection, rule, or paragraph relied upon within a source, not just the general source.
Pinpoint cites are used in all contexts: written advice to clients, formal opinions, written submissions or skeleton arguments, and in bundles of authorities for hearings.
Key Term: complete citation
A complete citation includes sufficient information (party names, year, abbreviation, page or paragraph) to enable the reader to locate the authority without ambiguity.
Worked Example 1.3
You wish to quote Lord Reed’s reasoning in R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5 at paragraph 40. How should you cite this in your memorandum to a supervisor?
Answer:
Use the full neutral citation and the pinpoint: "R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5 at [40]". If quoting a published report, add the law report citation and any pinpoint page if required.
Citation Conventions
Citing Statutes
When recording or citing primary legislation:
Key Term: statutory citation
A statutory citation is a reference to an Act or statutory instrument using its formal short title, year, and specific section, regulation, or article.
Always use the statute's short title and year, e.g., "Equality Act 2010 s 19," and, if necessary, subsection ("s 19(2)(b)"). For statutory instruments, give full title, year, and SI number (e.g., "SI 2015/10"). For pinpoint, include the paragraph or subparagraph, e.g., "reg 4(2)(a)".
Key Term: statutory instrument citation
This refers to the formal reference to a statutory instrument by title, year, and SI number, and, if necessary, by regulation or rule number.
Citing Cases
Where a case is reported in the Law Reports (AC, QB, Ch, Fam), cite that version. If not, cite the Weekly Law Reports or the All England Law Reports. Always provide the parties, year, abbreviation, volume, and starting page. Include the court if not obvious ("(CA)", "(SC)"). Use neutral citation if available ("[2021] EWCA Civ 10"), together with paragraph pinpoints ("at [34]").
Key Term: neutral citation
A neutral citation is the court-assigned reference for a case, independent of report series, e.g., "[2011] EWCA Civ 123".
If quoting or referring to only part of a judgment, give the pinpoint paragraph(s) or page(s): "at [42]" or "at p 100".
Recording Pinpoint Citations in Practice
You must record full pinpoint references for each authority at the research stage, even if you are only summarising in a memo or email. This avoids ambiguity and ensures that if a proposition is challenged, you can immediately justify your advice.
Revision Tip
Whenever you copy a legal proposition supported by an authority, always record the specific section, rule, paragraph, or page, as well as the source and date accessed. This habit is essential for all SQE2 research and writing tasks.
Key Point Checklist
This article has covered the following key knowledge points:
- Authority validation requires ensuring that sources are official, reliable, and current.
- All sources relied upon in research, advice, or submission must be recorded with complete, standardised citations at the time they are used.
- Complete citations for statutes include short title, year, and section(s). For statutory instruments, include official title, year, SI number, and reg/rule pinpoint.
- Case citations must follow practice direction on preferred sources, with neutral citation and pinpoint paragraphs or pages as required.
- Pinpoint citations are required for every legal proposition quoted or relied upon, in both written and oral advice.
- Accurate and systematic research records are a professional, ethical, and assessment requirement for SQE2.
Key Terms and Concepts
- authority validation
- official report
- research record
- pinpoint citation
- complete citation
- statutory citation
- statutory instrument citation
- neutral citation