Research planning and methods - Identifying and locating pri...

Learning Outcomes

After studying this article, you will be able to explain the difference between primary and secondary legal sources, identify and locate each using print and electronic methods, judge the authority and reliability of a source, and apply systematic methods to update and reference legal information. This knowledge is required for planning legal research and presenting up-to-date law and advice—a core SQE2 skill.

SQE2 Syllabus

For SQE2, you are required to understand the practical research methods used to answer legal problems efficiently and accurately. When revising, focus on:

• identifying, distinguishing, and accurately describing primary and secondary sources used in legal research
• locating and selecting the correct source for the problem at hand
• choosing appropriate print and online resources and using keywords, index systems, and search techniques
• judging a source's currency, authority, and reliability when preparing advice or reports
• understanding the correct approach to updating legal materials
• presenting and citing primary and secondary sources in line with exam requirements

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.

1. Which of the following is a primary legal source?
   1. Halsbury’s Laws of England
   2. The Family Law Reports
   3. Macdonald’s Immigration Law and Practice (textbook)
   4. Practical Law commentary

2. What is the main advantage of a practitioner textbook over a general legal encyclopedia?

3. What features help you judge the reliability of a legal source?

4. True or false? The Current Law Monthly Digest is a primary source.

Introduction

Legal research planning requires clear methods to identify which sources give authoritative answers to client problems. For SQE2, you must be able to find and use both primary and secondary materials and explain your approach. This section outlines the efficient identification, location, and evaluation of key legal sources for written assessments and client-focused research problems.

Primary and Secondary Sources: The Essentials

Legal research depends on distinguishing between primary sources (the law itself) and secondary sources (commentary about the law).

Key Term: primary source
The direct, original text of the law, such as Acts of Parliament, statutory instruments, or reported cases that establish legal rules.

Key Term: secondary source
Commentary, interpretation, or analysis about the law—examples include textbooks, practitioner texts, legal encyclopedias, and journal articles.

Why the Distinction Matters

• Only primary sources are authoritative evidence of the law to courts and clients.
• Secondary sources help you understand complex areas, explain context, and direct you to relevant primary texts.

Worked Example 1.1

A client asks you whether a recent statutory amendment affects their contract. Where should you look to find the actual legal rule?

Answer:
You must consult the primary source—the relevant Act of Parliament and any associated secondary legislation (such as a statutory instrument). You can then use an annotated statute or reliable secondary commentary to check for interpretation.

Locating Legal Sources

Using Print and Online Resources

You may need to locate information quickly using physical books or digital tools. Your method depends on the type of information and availability.

Print resources

• Use the library catalogue to find statutory texts by title, year, or subject.
• Access case law series via their abbreviations. Use index volumes to identify case citations and subject matter.
• Update print with supplements, looseleaf binders, or monthly digests.

Digital resources

• Subscription databases (like Westlaw or LexisLibrary) provide current, searchable texts with status indicators for amendments and case history.
• Free official websites (such as legislation.gov.uk or BAILII) give direct access to laws and judgments, but may lack detailed editorial features and guaranteed up-to-dateness.

Key Term: citator
A tool—usually digital or a print index—that tracks the history and treatment of cases and legislation, showing whether they have been amended, repealed, overruled, or followed.

Worked Example 1.2

You need to find current statutory wording for a specific consumer protection law, ensuring it is fully amended. What is your most reliable option?

Answer:
Use a subscription service such as Westlaw or LexisLibrary, which updates statutes to reflect amendments and indicates the provision's status. Always check any update warnings.

Source Reliability, Authority, and Currency

Found a source—can you trust it? SQE2 assessment expects you to judge:

• Who is the publisher? (Is it official or a reputable legal publisher?)
• When was it published or last updated?
• Is it a primary source, and if secondary, is the commentary recognized?
• Are amendments, repeals, and latest case law included or signposted?
• Has the source been subjected to editorial or peer review?

Key Term: authority
The degree to which a source can be relied upon as evidence of the law, based on its origin (e.g., legislation, judicial decisions, or commentary by experts).

Search Methods: Using Indexes and Keywords

Whether in print or online, you must search efficiently.

• Use keywords chosen for legal significance (not just lay descriptions).
• Indexes in books or digital sources are organized either alphabetically or by subject; ensure your keyword matches the index entry.
• Online databases allow field-specific searches (such as by title, subject, or legislation section) and advanced operators for precision.
• Think broadly—if your first attempt fails, try synonyms or wider legal terms.

Worked Example 1.3

Researching for a report on data privacy, your keyword search retrieves irrelevant results. What adjustments should you make?

Answer:
Try narrowing your keywords, using phrase searches (e.g., "data protection"), or searching within a particular field (such as "legislation title" or "case digest") to exclude unrelated materials.

Updating and Cross-Referencing

Reliable research requires ensuring the law is up to date:

• For statutes and statutory instruments, check the latest amendments using dedicated citators or database features.
• For case law, confirm using case citators that later decisions have not reversed or distinguished the case.
• Be aware of update cycles—online is not always more current than print.
• Always record the date the law was checked and the currency of the source in your research notes.

Exam Warning

The law you find in a textbook or online is only as valid as its update date. For SQE2, always state the date you last checked the source, especially if relying on secondary material.

Choosing the Right Source for the Problem

Use secondary sources for complex or unfamiliar areas to orient yourself quickly. For direct legal obligations or precedents, always quote the relevant primary law. In reporting to supervisors or clients, set out your conclusion, then cite the sources and method used.

Revision Tip

For efficiency, start research with a secondary source for background, then identify and consult the relevant primary legal texts. This approach is often the quickest for SQE2.

Key Point Checklist

This article has covered the following key knowledge points:

• Distinction and examples of primary and secondary legal sources
• Methods to locate each type in print and digital formats
• Techniques for identifying source authority, reliability, and up-to-dateness
• The use and importance of citators in updating law and tracking judicial treatment
• Efficient keyword searching and index use for targeted research
• Importance of reporting your research method, including update dates and source references

Key Terms and Concepts

• primary source
• secondary source
• citator
• authority