Templates & Worksheets

2. Template 2.1 – Case Note / Case Analysis Template (Module 2)

Use this to record and analyse key cases. It is suitable both for your own notes and as a starting structure for the Case Analysis Brief.

A. Case Details

· Case name:

· Neutral citation:

· Law report reference(s):

· Court:

· Date of judgment:

· Judge(s):

B. Procedural History

· How did the case reach this court (appeal from which court/tribunal, judicial review, etc.)?

· Any earlier significant decisions in the same litigation?

C. Material Facts

Summarise the facts that are relevant to the legal issues (avoid unnecessary background):

D. Issues

List the main legal questions the court had to determine:

E. Decision / Outcome

· Who was successful (claimant/appellant/defendant/respondent)?

· How did the court answer each issue?

F. Ratio Decidendi

In your own words, identify the key legal principle(s) that were necessary for the decision:

· Ratio 1:

· Ratio 2 (if applicable):

Where helpful, include pinpoint references (paragraph numbers).

G. Obiter Dicta

Note any significant statements that are not strictly necessary to the decision but may be influential:

H. Reasoning

Explain the court’s reasoning in more detail:

· How did the court interpret relevant statutes or rules?

· Which earlier cases were followed, distinguished, or overruled?

· What policy considerations, values, or principles were invoked?

I. Precedent and Subsequent Treatment

· Position in the hierarchy (binding force) within the jurisdiction:

· Known subsequent treatment (followed, distinguished, overruled, criticised) – based on citators or later cases:

J. Significance and Commentary

Your own evaluation:

· What is the significance of this case in the development of the law?

· Did it change, clarify, or confirm existing law?

· Do you find the reasoning persuasive? Why / why not?

How is this case relevant to your current research or assessments?