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Here are some frequently asked questions about OSCOLA. They include questions about sources that are not included in this edition of OSCOLA.

If you have unanswered questions, please email Sandra Meredith.

Do I put quotation marks before or after the punctuation?
Is it OK to use just the author's surname?
How do I cite EC COM documents?
.... cite case notes and comments?
.... cite unreported cases?

Do I put quotation marks before or after the punctuation?

Generally, quote marks go before the punctuation unless the punctuation belongs to the quote (as a question mark might). If the quote is a whole sentence, put the quote marks after the full stop. If it's part of a sentence, put the quote marks before the full stop. It's not always this clear cut. Fowler's Modern English Usage gives many examples to try to deal with fuzziness in this area, but the overall advice is that you have to use your own judgement. So, for example, if the quote ends with a full stop at the same point at which the sentence ends, do whatever looks best.

Is it OK to use just an author's surname?

The 2002 edition of OSCOLA was strict about using initials then surname, eg P Birks or J Gardner, no first names spelt out. This version allows either initials or first names, eg HLA Hart or Joseph Raz, but doesn't discuss using surname only. The argument against surname only is that it can make it difficult to find the author in an index or catalogue.

How do I cite EC COM documents?

Following general principles (OSCOLA, p21), where the author is not identified, cite the body that produced the document; use quotation marks around the title; and for clarity describe the document type in parentheses after the title. Include the date to help the reader find the document.

Commission (EC), 'Access of Consumers to Justice and the Settlement of Consumer Disputes in the Single Market' (Green Paper) COM (93) 576 final, 16 November 1993.

Commission (EC), 'Action Plan on consumer access to justice and the settlement of disputes in the internal market' (Communication) COM (96) 13 final, 14 February 1996.

Commission (EC), 'Proposal for a Council Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters' COM (99) 348 final, 28 December 1999.

How do I cite case notes and comments?

Treat case notes with titles as journal articles. Where there is no title, put the parties in quotation marks, and add (case note) or (case comment) after the title. For example:

C Bridge, ‘Meadow v General Medical Council’ (case note) (2006) 36 Fam L 354

A Ashworth, ‘R (Singh) v Chief Constable of the West Midlands Police’ (case comment) [2006] Crim LR 441

Provide the same information in a footnote, except where the parties are named in the text, in which circumstance provide:

A Ashworth, (case comment) [2006] Crim LR 441

If a Table of Cases is required, include the case, citing its best report.

How do I cite unreported cases?

The information on page 9 of OSCOLA 2006 is not clear on citation of unreported cases. It should say:

For an unreported case with no neutral citation, cite the party names followed by the court and date of the judgment in brackets, eg Peter Scott v Process Mechanical Ltd (Bradford County Court 20 July 2006).The example in the list on page 9 is Berk v Hair (DC 12 September 1956).

 

 

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