Litigation History as part of your Legal Research Routine


Litigation history is now part of JADE

In the past two months, our editorial team has been matching decisions in JADE from first instance to special leave and beyond. Litigation history in JADE lets you locate the every decision in the litigation record. If it has been published, JADE will attempt to discover and link it, across jurisdictions and across every level.

An example

It is best demonstrated with an example. Let’s use Cantarella Bros Pty Limited v Modena Trading Pty Limited [2014] HCA 48. Using JADE’s excellent API, we can reference the case as:

Start with CaseTrace

JADE CaseTrace contains the most recent preceding and (where applicable) subsequent litigation history. To see more detail click on the bottom right hand side of the Case Trace box. The equivalent full court decision appears on the right hand side:

litigation-history-is-now-part-of-jade

barnet-jade---modena-trading-pty-ltd-v-cantarella-bros-pty-ltd--2013--fcafc-110

Litigation History is part of CaseTrace

The page jumps to the bottom of the judgment. You will see the decision chronology. In the case of applications for special leave which have been granted, you will even be able to see when special leave was granted and when the High Court of Australia heard argument and reserved to consider the judgment. You will be able to click to each of the decisions and (in the case of the High Court), the transcript or determination of the application for special leave. The following image demonstrates:

clicking-on-litigation-history-jumps-to-the-end-of-the-decision-where-the-litigation-history-section

If you were to be looking at the litigation history in the Full Court decision, you would see the following:

barnet-jade---modena-trading-pty-ltd-v-cantarella-bros-pty-ltd--2013--fcafc-110-1

The diamond (shown at the number 2), indicates the decision you are currently viewing.

CaseTrace alerts you to cases which have been the subject of appellate consideration.

Even better, in the ‘cases cited by this decision’ section of CaseTrace, we mark decisions with an “A” to indicate that the decision has been the subject of an appeal.

appealed-decisions-appear

And the top of a decision is marked as well, even for cases pending.

We mark cases which have been appealed, and even cases which have a pending subsequent decision. Here is an example from the Full Court in Modena Trading Pty Ltd v Cantarella Bros Pty Ltd [2013] FCAFC 110:

notation-at-the-top-of-the-page

There’s much more to come.

With JADE, we aim to be the best legal research platform for legal professionals. JADE. Experience Matters.

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