Analysis and reporting - Validating and updating the law

Learning Outcomes

This article explains how to validate and update legal authorities for SQE2 analysis and reporting, including:

• checking whether case law and legislation remain authoritative, in force, and free from overruling or repeal
• identifying and using appropriate online and print sources to confirm the currency and status of authorities
• applying neutral citations and citators to trace judicial history, positive and negative treatments, and relevant appellate decisions
• using point‑in‑time and version‑navigation tools to analyse statutory provisions at the dates relevant to client facts
• accurately reporting the source, date checked, and current status of each authority in written analysis and client advice
• recognising warning signals, partial amendments, and other indicators of uncertainty, and explaining the associated risks clearly
• maintaining a clear, reproducible legal research trail that evidences search steps, sources consulted, and versions relied upon
• integrating validation and reporting into exam answers to demonstrate competent, professional research practice in SQE2 tasks

SQE2 Syllabus

For SQE2, you are required to understand and apply effective methods for validating and updating legal authorities as part of the analysis and reporting process, with a focus on the following syllabus points:

• confirming whether a case is still “good law” and understanding indicators such as overruling, application, or distinction in later judgments
• establishing whether statutory provisions are in force, have been repealed, or amended
• identifying and using up-to-date, consolidated, and reliable legal sources, both online and in print
• providing clear, accurate reporting of the law’s currency and risks in written legal advice or analysis
• recording your research steps, including the exact date and version of authorities relied upon
• using neutral citations and case citators to trace judicial history and treatment
• checking commencement and amendment notes, and using point‑in‑time tools for statutes and statutory instruments
• recognising circumstances where Hansard may assist statutory interpretation and reporting that use accurately and proportionately
• validating devolved legislation (Scotland, Wales, Northern Ireland) and correctly citing jurisdiction‑specific instruments

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. Why must every authority cited in client advice be checked for current status, even if it appears in a recent textbook?
2. Describe how you would confirm whether a statutory section is in force, repealed, or has pending amendments.
3. What information must be included when reporting the status of case law relied upon in your legal analysis?
4. What is the correct approach if you discover your legal authority may be subject to a recent change or is showing a currency warning in your research tool?

Introduction

In SQE2, you are expected to provide legal analysis and advice based strictly on law that remains current and reliable as of the date of writing. This means you are required to check—at the point of reporting—whether all authorities cited (cases, statutes, statutory instruments) are still valid and in force, and to communicate the status transparently in any report or client advice. Failing to validate or report currency can result in misleading advice, marks lost, or real-world risks.

Always read beyond headnotes and summaries. Headnotes may be helpful but they are editorial aids, not the law. For cases, identify the ratio decidendi, the precise proposition for which you rely on the case, and then validate that proposition’s ongoing authority using citators. For legislation, confirm commencement and subsequent amendments, and if needed, use point‑in‑time tools to view historical and future‑dated versions. If the matter spans weeks or months, diarise a final currency check on the day you submit written advice.

Key Term: Case Citator
A resource, usually an online database or print index, that tracks the citation and subsequent judicial treatment of case law, showing if it has been applied, overruled, distinguished, or doubted by later judgments.

Key Term: Neutral Citation
A court-assigned, medium-neutral reference (e.g. [2021] UKSC 5) independent of any report series, used across print and online sources to identify judgments.

Validating Case Law: Is the Authority Still Good Law?

You must check if a case remains “good law” before you rely on it in analysis or advice. This means confirming whether the decision has been applied, affirmed, distinguished, doubted, or overruled by a later court. The most efficient tools are online case citators and case analysis services.

Effective validation follows a repeatable pattern:

• identify the precise proposition for which you cite the case
• use neutral citation to locate the judgment and any subsequent cases considering it
• review citator signals and summaries (red/amber/green flags, “overruled”, “applied”, “distinguished”)
• read the relevant later judgment(s), not just the signal, to confirm the treatment of your specific proposition
• note any jurisdictional differences or partial overruling (a case may be overruled on one point but remain authoritative on others)

ICLR Online, Westlaw UK Case Analysis, and LexisLibrary Case Overview each provide judicial history, alternative report citations, and recordings of positive/negative treatment. If you rely on a case point not fully captured by the citator summary, verify by reading the full text of the later judgment.

A warning symbol, red flag, or caution icon in a citator indicates that the authority of the case is in doubt—often because it was overruled by a superior court or has been criticized and limited. However, a caution does not necessarily invalidate all propositions from the case: assess whether the treatment affects the specific point you propose to use.

When a case is “unreported”, neutral citations and transcripts (e.g. BAILII, Casetrack, official court sites) remain acceptable sources, but you should still validate treatment and report the source accurately.

Worked Example 1.1

You find a 2017 Court of Appeal case on Westlaw with a red warning. Case Analysis shows it was overruled by a 2021 Supreme Court judgment. Should you still rely on the earlier case?

Answer:
No. Once overruled by the Supreme Court, the earlier decision no longer states the law on that point. You must check what the new authority is and base your advice on the latest binding position.

Worked Example 1.2

A 2009 High Court case is flagged “distinguished” several times, but no overruling is shown. You intend to rely on its principle for a slightly different factual scenario. How do you proceed?

Answer:
Read the distinguishing judgments to confirm the limits of the earlier case’s ratio. If your facts align with the original ratio and the later distinctions turn on materially different facts, the case may still be persuasive or binding. Report the distinguishing history and explain why your facts fit the original rule.

Worked Example 1.3

You locate a 2024 Court of Appeal judgment via neutral citation on BAILII and the official court website but no report appears yet in major series. How should you cite and validate?

Answer:
Cite using the neutral citation and court. Validate using citators for any immediate treatments, and note that it is “as yet unreported” in principal series. Record the source checked (e.g. “BAILII transcript; Court of Appeal site”), and the check date. If a later official report appears, update your citation in any subsequent written work.

Validating Legislation: Status, Amendments, and Commencement

You must confirm that the statutory provision you rely on is in force and reflects all amendments up to the present date. Statutes may be amended, repealed, or only partly commenced. Reliable online databases or official print consolidations will indicate the current legal effect and any pending changes.

Key Term: Consolidated Legislation
The up-to-date text of a statute or statutory instrument that incorporates all amendments and repeals made since the original enactment.

Key Term: Commencement
The date on which a statutory provision comes into legal effect—which may be on Royal Assent, by a statutory instrument, or on a later date.

For England and Wales legislation, legislation.gov.uk provides both enacted and revised versions, together with “Changes to legislation” notes and commencement information. The site may occasionally show outstanding changes not yet applied to the text; always read any banner notices and consult the “Changes to legislation” page for the section you are using. Westlaw UK and LexisLibrary offer consolidated texts, point‑in‑time navigation, and editorial notes linking to commencement orders and amending instruments.

When checking status:

• identify whether the section is commenced (and the commencement SI number/date)
• confirm whether any amendments have been applied to the text or are pending
• use point‑in‑time features to view the law as at the date relevant to your client’s facts
• if the section has future‑dated amendments, assess whether those changes affect your advice and report the timing

Print tools still matter for full verification and older material. Halsbury’s Statutes (and Is It In Force?) provide commencement and status in subject order. The Current Law Legislation Citator traces section‑by‑section amendments and commencement orders. The Chronological Table of the Statutes shows repeal and amendment history across centuries, useful for long‑running provisions.

Key Term: Chronological Table of the Statutes
An official publication listing every statute since 1235, indicating whether each is wholly or partly in force and noting repeals and amending Acts.

Key Term: Point‑in‑Time Version
A version of legislation showing the text as it stood on a specified date, used to align legal analysis with the facts’ timeline.

For devolved legislation, ensure jurisdictional accuracy:

• Scotland: Acts of the Scottish Parliament cited as “asp” (e.g. 2015 asp 9); Scottish Statutory Instruments as SSI yyyy/number
• Wales: Acts cited as “anaw” (e.g. 2012 anaw 2); Welsh SIs use the UK SI format with Wales numbering where applicable
• Northern Ireland: Acts of the Assembly cited by title and year; Orders in Council (1972–2009) and Statutory Rules have distinctive citation formats

Online sources generally cover devolved instruments, but always confirm the correct jurisdiction and commencement details.

Key Term: Statutory Instrument
Delegated legislation made under powers in an Act, cited by year and number (e.g. SI 2023/500), frequently used to commence, amend, or provide detailed rules under primary legislation.

Online resources like Westlaw, LexisLibrary, or legislation.gov.uk normally flag if a section is not yet in force, is repealed, or has pending changes that have not been applied. Always check for warning banners or amendment notes before relying on a section.

Worked Example 1.4

You propose to advise on s 15 of the Companies Act 2006. The database notes: “Part repealed, further amendments not yet incorporated.” What must you do before finalising your report?

Answer:
You must read the amendment and repeal notes, identify what parts of s 15 have changed or are about to change, and explain these risks to the client or principal. If there is uncertainty or delay in consolidating new amendments, mention that the law may be in flux and reference the latest available date/status in your advice.

Worked Example 1.5

You rely on SI 2019/1234 for a procedural step. Westlaw shows amendments in 2021 and 2023 affecting regulation 7, and legislation.gov.uk flags “changes not yet applied.” How do you proceed?

Answer:
Use point‑in‑time tools to view regulation 7 at the relevant date for your client’s facts. Read each amending SI and confirm whether the changes are applied in your source. If not, apply the amendments manually from the text of the amending SI, state your sources and check dates, and explain any pending changes that could alter the procedure.

Recording the Source, Date, and Currency of the Law

As part of your SQE2 analysis or advice, always report:

• The authority you relied on (full citation).
• The database, print resource, or original source (e.g., “LexisLibrary Case Overview, checked 2 May 2025”; “s 32, Employment Rights Act 1996 (Westlaw version updated to April 2025)”).
• The date on which you checked the law and the law’s claimed currency as shown in your source.
• Any known or potential risks (such as “amendments pending”, “overruled by later Supreme Court decision”, or “not updated since October 2024”).

Key Term: Law Currency
The status of a legal authority as of a specified date, confirming it is accurate and not affected by later developments.

Key Term: Legal Research Trail
A record of research steps, sources checked, dates consulted, and search terms used, allowing another practitioner to reproduce and verify the research and its conclusions.

Where your source states it is not fully up to date, or another source gives a more current position, this must be stated clearly. For statutes, note commencement order numbers and any future‑dated changes. For cases, record later treatments and whether they affect your proposition.

When citing cases:

• use neutral citation (e.g. [2024] EWCA Civ 100) and the court
• add report series if available (e.g. [2024] 2 WLR …), but neutral citations suffice where reports are unavailable
• if relying on an unreported judgment, state the source (e.g. BAILII/Court site) and check date

For statutory material:

• confirm you are using the consolidated text at the correct point in time
• if using editorial tools (e.g. Westlaw “version navigation”, Lexis “statute snapshot”), note the feature used and date
• where legislation.gov.uk banners indicate “changes not yet applied”, account for those changes manually and report that fact

Worked Example 1.6

You cite a 2020 High Court decision in a client opinion, based only on commentary in a 2021 textbook. Your supervisor notes a 2023 Court of Appeal case has overruled the 2020 authority. What went wrong?

Answer:
Your mistake was failing to check a current citator or database and to report the law’s actual date and status. For SQE2 and for competent practice, you must use the most current sources and report the exact date of law checked.

Revision Tip

After you finish your research, always re-check the current status of your key authorities on the day you complete your final analysis or advice.

Exam Warning

SQE2 answers that do not state the date, source, and legal status of authorities are liable to drop marks—even if the substantive analysis would otherwise be correct.

Essential Tools for Validation and Updating

For practical legal research, you should be able to use:

• Online citators and case analysis services (e.g., Case Analysis on Westlaw, Case Overview on LexisLibrary), including warning symbols and judicial history summaries.
• Online or print versions of consolidated and updated statutes, with status notes and histories.
• Commencement tables and status snapshots accompanying legislation.
• Current Law Case Citator and Legislation Citator for print-based confirmation of status/judicial history.
• Official resources on legislation.gov.uk, being aware of warning banners on currency or partial updates.

Additional helpful sources and methods:

• Supreme Court and Judicial Committee websites for recent “decided cases” and press summaries; validate using citators
• BAILII and Casetrack for timely access to transcripts; always check subsequent treatments
• Halsbury’s Statutes and Is It In Force? to confirm commencement status and in‑force positions
• Chronological Table of the Statutes for repeal/amendment tracing across older Acts
• Westlaw/Lexis point‑in‑time navigation to match statutory text to the date relevant to your client’s facts
• Hansard for statutory interpretation in appropriate, limited circumstances (where words are ambiguous and ministerial statements clarify intent); record the citation and context if used

When print sources are necessary (e.g., a library setting or very old law), use the Law Reports series and English Reports for older cases, and ensure you decode abbreviations correctly. Never rely on an abbreviation without confirming the full title and series.

Key Point Checklist

This article has covered the following key knowledge points:

• Checking the current status of authorities is mandatory before giving legal advice or SQE2 analysis.
• Use case citators or analysis tools to confirm whether a case is good law or has been overruled.
• Always rely on consolidated, up-to-date statutory text, and check whether the relevant provision is in force or pending amendment.
• When reporting, state the source, version date, and status of every legal authority used, as well as any associated risks or warnings.
• Maintain a clear legal research trail—including dates and resource versions—to evidence your results and support effective client advice.
• Use neutral citations for accurate identification and cross-platform validation of judgments.
• Apply point‑in‑time tools and commencement notes to ensure legislative analysis matches the facts’ timeline.
• Be explicit when relying on Hansard or unreported judgments, and record sources and check dates.

Key Terms and Concepts

• Case Citator
• Neutral Citation
• Consolidated Legislation
• Commencement
• Chronological Table of the Statutes
• Point‑in‑Time Version
• Statutory Instrument
• Law Currency
• Legal Research Trail