A case note (or case comment) is a short analytical piece — typically 2,000–5,000 words — that examines a recent court decision. Many law journals publish student case notes, making this an excellent way to build your academic profile.
1. Choose the Right Case
Select a case that is recent (ideally decided within the last 12 months), significant (it changes or clarifies the law), and in an area you know well. Supreme Court and Court of Appeal decisions are ideal. Check that no one else has already published a note on the same case in your target journal.
2. Standard Structure
- Introduction: One paragraph identifying the case, the court, and why it matters.
- Facts: A concise summary of the material facts — only those relevant to the legal issues.
- Decision: What the court held and the key reasoning. Distinguish majority from dissenting judgments.
- Analysis: This is the heart of the note. Critically evaluate the reasoning, compare with earlier authorities, and assess whether the decision is principled.
- Implications: What does this case mean for future litigation, legal practice, or law reform?
3. Critical Analysis Tips
Ask yourself:
- Does the reasoning follow logically from the authorities cited?
- Has the court distinguished or departed from earlier cases? If so, is this justified?
- What did the dissent say, and is it persuasive?
- Does the decision create uncertainty or resolve it?
- What would academic commentators say about this ruling?
4. Writing Style
Case notes should be formal but accessible. Avoid first person ("I think..."). Use "It is submitted that..." or "The decision is open to criticism because...". Keep paragraphs short and focused.
5. Submission Tips
Most student law journals have open calls for submissions. Check the style guide carefully — journals are strict about OSCOLA compliance, word limits, and formatting. Submit during term time when editorial boards are active.