Incorporated Council of Law Reporting
Encyclopedia
The Incorporated Council of Law Reporting for England & Wales, more commonly known as the Incorporated Council of Law Reporting (ICLR) is a registered charity
based in London
, England
that publishes law report
s of English law
. The company is widely recognised as a reputable producer of reports (and the only 'official' source), which are used by student
s, academic
s, journalist
s, lawyer
s and judge
s across the country.
, and its first meeting took place on 25 February at Westminster Hall, then the home of the Court of King's Bench
, the Court of Common Pleas
and the Court of Chancery
. The Council was incorporated under the Companies Act 1862
in 1870.
Largely working "as a private enterprise without state aid or interference," the Council "was not intended to be profit-making except in so far as it was necessary to make it self-supporting." Working on this principle, the Council applied in 1966 for registration to become an official charity
under section 4 of the Charities Act 1960. Upon rejection by the Charity Commission
the Council appealed under section 5(3) of the 1960 Act, an action granted by Justice Foster in the Chancery Division of the High Court
. On appeal by the Inland Revenue
to the Court of Appeal, who were joint defendants with the Attorney General
, it was held that "the Council was established for exclusively charitable purposes since its purpose was to further the development and administration of the law and to make it known or accessible to all members of the community, which was a purpose beneficial to the community and of general public utility." In 1970, then, the ICLR was successfully registered as a charity in England and Wales.
Currently chaired by His Honour
Judge N. M. Chambers Q.C., the ICLR consists of members nominated by each of the Inns of Court
and by the General Council of the Bar
, and is based on Chancery Lane
, London
.
, the ICLR was established with the following principal aim:
The ICLR also has a set of criteria for law reporting, originally proposed by Nathaniel Lindley
(who later became Master of the Rolls
and subsequently a Lord of Appeal), which said that care should be taken to exclude from the reports those cases that passed without discussion and were valueless as precedents, and those that were substantially repetitions of earlier reports to which was added the following list of valuable (and thus worthy of reporting) categories:
, which the Council maintains are "'the most authoritative reports' and should always be 'cited in preference where there is a choice'." This series is divided into four main sub-series:
Additional reports published by the ICLR include the Weekly Law Reports (W.L.R.), started in 1953 and covering what the ICLR describe as "the cases that really matter, which either develop the law in some way or introduce a new point of law"; the Industrial Cases Reports
(I.C.R.), started in 1975 and covering cases of employment law
heard in the House of Lords, the Court of Appeal, the High Court, the Employment Appeal Tribunal
and the European Court of Justice
, as well as "cases of special interest" from the Privy Council, the Court of Session
and employment tribunal
s; The Business Law Reports (Bus. L.R.), started in 2007 and covering company
, commercial
and intellectual property
law; and The Public and Third Sector Law Reports (P.T.S.R.), started in 2009 and covering issues such as adoption
, charity, ecclesiastical law
, education
, environmental law
, health law
, housing
, human rights
, local government
, public health law
and social welfare
.
Most of its reports are available electronically on such platforms as Justis, which first digitised them in the early 1990s, Westlaw and LexisNexis.
Charitable organization
A charitable organization is a type of non-profit organization . It differs from other types of NPOs in that it centers on philanthropic goals A charitable organization is a type of non-profit organization (NPO). It differs from other types of NPOs in that it centers on philanthropic goals A...
based in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
, England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
that publishes law report
Law report
Law reports or reporters are series of books that contain judicial opinions from a selection of case law decided by courts. When a particular judicial opinion is referenced, the law report series in which the opinion is printed will determine the case citation format.The term reporter was...
s of English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
. The company is widely recognised as a reputable producer of reports (and the only 'official' source), which are used by student
Student
A student is a learner, or someone who attends an educational institution. In some nations, the English term is reserved for those who attend university, while a schoolchild under the age of eighteen is called a pupil in English...
s, academic
Academia
Academia is the community of students and scholars engaged in higher education and research.-Etymology:The word comes from the akademeia in ancient Greece. Outside the city walls of Athens, the gymnasium was made famous by Plato as a center of learning...
s, journalist
Journalist
A journalist collects and distributes news and other information. A journalist's work is referred to as journalism.A reporter is a type of journalist who researchs, writes, and reports on information to be presented in mass media, including print media , electronic media , and digital media A...
s, lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s and judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s across the country.
History
The ICLR was founded in 1865 by W. T. S. Daniel Q.C.Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
, and its first meeting took place on 25 February at Westminster Hall, then the home of the Court of King's Bench
Court of King's Bench (England)
The Court of King's Bench , formally known as The Court of the King Before the King Himself, was an English court of common law in the English legal system...
, the Court of Common Pleas
Court of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common...
and the Court of Chancery
Court of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid the slow pace of change and possible harshness of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the administration of the estates of...
. The Council was incorporated under the Companies Act 1862
Companies Act 1862
The Companies Act 1862 was an Act of the Parliament of the United Kingdom regulating UK company law, whose descendant is the Companies Act 2006.-Provisions:...
in 1870.
Largely working "as a private enterprise without state aid or interference," the Council "was not intended to be profit-making except in so far as it was necessary to make it self-supporting." Working on this principle, the Council applied in 1966 for registration to become an official charity
Charitable organization
A charitable organization is a type of non-profit organization . It differs from other types of NPOs in that it centers on philanthropic goals A charitable organization is a type of non-profit organization (NPO). It differs from other types of NPOs in that it centers on philanthropic goals A...
under section 4 of the Charities Act 1960. Upon rejection by the Charity Commission
Charity Commission
The Charity Commission for England and Wales is the non-ministerial government department that regulates registered charities in England and Wales....
the Council appealed under section 5(3) of the 1960 Act, an action granted by Justice Foster in the Chancery Division of the High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
. On appeal by the Inland Revenue
Inland Revenue
The Inland Revenue was, until April 2005, a department of the British Government responsible for the collection of direct taxation, including income tax, national insurance contributions, capital gains tax, inheritance tax, corporation tax, petroleum revenue tax and stamp duty...
to the Court of Appeal, who were joint defendants with the Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
, it was held that "the Council was established for exclusively charitable purposes since its purpose was to further the development and administration of the law and to make it known or accessible to all members of the community, which was a purpose beneficial to the community and of general public utility." In 1970, then, the ICLR was successfully registered as a charity in England and Wales.
Currently chaired by His Honour
His Honour
His Honour or Her Honour is an honorific prefix which is traditionally applied to certain classes of people, in particular justices and judges and mayors...
Judge N. M. Chambers Q.C., the ICLR consists of members nominated by each of the Inns of Court
Inns of Court
The Inns of Court in London are the professional associations for barristers in England and Wales. All such barristers must belong to one such association. They have supervisory and disciplinary functions over their members. The Inns also provide libraries, dining facilities and professional...
and by the General Council of the Bar
General Council of the Bar
The General Council of the Bar, commonly known as the Bar Council, is the professional association for Barristers in England and Wales. Established in 1894, it acts as a disciplinary body and a regulatory body through the Bar Standards Board...
, and is based on Chancery Lane
Chancery Lane
Chancery Lane is the street which has been the western boundary of the City of London since 1994 having previously been divided between Westminster and Camden...
, London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
.
Objectives and procedures
According to the company's memorandum of associationMemorandum of Association
The memorandum of association of a company, often simply called the memorandum , is the document that governs the relationship between the company and the outside...
, the ICLR was established with the following principal aim:
The ICLR also has a set of criteria for law reporting, originally proposed by Nathaniel Lindley
Nathaniel Lindley, Baron Lindley
Sir Nathaniel Lindley, Baron Lindley SL PC FRS was an English judge.-Biography:He was the second son of the botanist John Lindley, born at Acton Green, London. He was educated at University College School, and studied for a time at University College, London...
(who later became Master of the Rolls
Master of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second most senior judge in England and Wales, after the Lord Chief Justice. The Master of the Rolls is the presiding officer of the Civil Division of the Court of Appeal...
and subsequently a Lord of Appeal), which said that care should be taken to exclude from the reports those cases that passed without discussion and were valueless as precedents, and those that were substantially repetitions of earlier reports to which was added the following list of valuable (and thus worthy of reporting) categories:
Publications
The primary series of reports published by the ICLR is The Law ReportsLaw Reports
The Law Reports is the name of a series of law reports published by the Incorporated Council of Law Reporting.The Council maintains that they are "'the most authoritative reports' and should always be 'cited in preference where there is a choice'." This series is now divided into four main...
, which the Council maintains are "'the most authoritative reports' and should always be 'cited in preference where there is a choice'." This series is divided into four main sub-series:
- Law Reports, Appeal Cases, covering decisions of the House of LordsHouse of LordsThe House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
(and, since 2005, the Supreme CourtSupreme Court of the United KingdomThe Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
), the Privy Council and the Court of Appeal – started in 1866 as the Law Reports, English & Irish Appeals, renamed in 1875 and redesigned in 1891; - Law Reports, Chancery Division, covering decisions of the Chancery Division of the High Court – started in 1865 as the Law Reports, Chancery Appeal Cases, renamed in 1875 and redesigned in 1890;
- Law Reports, Family Division, covering decisions of the Family Division of the High Court – started in 1865 as the Law Reports, Probate & Divorce Cases, renamed Law Reports, Probate, Divorce & Admiralty Division in 1875, renamed Law Reports, Probate in 1891 and renamed in 1972; and
- Law Reports, Queen's Bench, covering decision of the Queen's Bench Division of the High Court – started in 1865, renamed Law Reports, Queen's Bench Division in 1875, renamed in 1891, renamed Law Reports, King's Bench in 1901 and renamed in 1952.
Additional reports published by the ICLR include the Weekly Law Reports (W.L.R.), started in 1953 and covering what the ICLR describe as "the cases that really matter, which either develop the law in some way or introduce a new point of law"; the Industrial Cases Reports
Industrial Cases Reports
The Industrial Cases Reports is a series of law reports published by the Incorporated Council of Law Reporting. It focuses on employment law, covering cases from the Employment Appeal Tribunal and above....
(I.C.R.), started in 1975 and covering cases of employment law
Labour law
Labour law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees...
heard in the House of Lords, the Court of Appeal, the High Court, the Employment Appeal Tribunal
Employment Appeal Tribunal
The Employment Appeal Tribunal is a tribunal non-departmental public body in England and Wales and Scotland, and is a superior court of record. Its primary role is to hear appeals from Employment Tribunals in England, Scotland and Wales...
and the European Court of Justice
European Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
, as well as "cases of special interest" from the Privy Council, the Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
and employment tribunal
Employment tribunal
Employment Tribunals are tribunal non-departmental public bodies in England and Wales and Scotland which have statutory jurisdiction to hear many kinds of disputes between employers and employees. The most common disputes are concerned with unfair dismissal, redundancy payments and employment...
s; The Business Law Reports (Bus. L.R.), started in 2007 and covering company
Corporate law
Corporate law is the study of how shareholders, directors, employees, creditors, and other stakeholders such as consumers, the community and the environment interact with one another. Corporate law is a part of a broader companies law...
, commercial
Commercial law
Commercial law is the body of law that governs business and commercial transactions...
and intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
law; and The Public and Third Sector Law Reports (P.T.S.R.), started in 2009 and covering issues such as adoption
Adoption
Adoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents...
, charity, ecclesiastical law
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
, education
Education
Education in its broadest, general sense is the means through which the aims and habits of a group of people lives on from one generation to the next. Generally, it occurs through any experience that has a formative effect on the way one thinks, feels, or acts...
, environmental law
Environmental law
Environmental law is a complex and interlocking body of treaties, conventions, statutes, regulations, and common law that operates to regulate the interaction of humanity and the natural environment, toward the purpose of reducing the impacts of human activity...
, health law
Health law
Health Law is the federal, state, and local law, rules, regulations and other jurisprudence affecting the health care industry and their application to health care patients, providers and payors, and vendors to the health care industry, including without limitation the relationships among...
, housing
House
A house is a building or structure that has the ability to be occupied for dwelling by human beings or other creatures. The term house includes many kinds of different dwellings ranging from rudimentary huts of nomadic tribes to free standing individual structures...
, human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
, local government
Local government
Local government refers collectively to administrative authorities over areas that are smaller than a state.The term is used to contrast with offices at nation-state level, which are referred to as the central government, national government, or federal government...
, public health law
Public health law
Law is an important public health tool that plays a critical role in reducing illness and premature death. Public health law examines the authority of the government at various jurisdictional levels to improve the health of the general population within societal limits and norms.Public health law...
and social welfare
Welfare
Welfare refers to a broad discourse which may hold certain implications regarding the provision of a minimal level of wellbeing and social support for all citizens without the stigma of charity. This is termed "social solidarity"...
.
Most of its reports are available electronically on such platforms as Justis, which first digitised them in the early 1990s, Westlaw and LexisNexis.