The reporting of nisi prius cases: origin, reputation and effect

Newman, Paul (2024) The reporting of nisi prius cases: origin, reputation and effect. PhD thesis, London School of Economics and Political Science.

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Abstract

For some seventy years, rulings made by judges sitting at nisi prius were regularly reported, despite those reports being held in low esteem by the legal profession and such rulings being regarded as of little value as precedents by the judges of the time. This thesis explores the origin and persistence of these reports, explaining why they first came to be reported and identifying their principal purposes as the introduction to new members of the profession of the practicalities of preparing cases for trial, and the provision of some authority, however slight, to cite in court. The poor reputation of the reports is also considered, with specific reference to the first regular nisi prius reporter, Isaac Espinasse. The thesis investigates the criticisms of Espinasse’s reports and shows, by putting those criticisms into context, considering his reports’ contemporaneous standing and comparing his reports with other reports of the same cases, that the poor reputation of his reports is unwarranted. As to the effect of the nisi prius reports, the thesis explains that, whilst nisi prius rulings on substantive law were cited by nineteenth century judges, they were used differently to decisions of courts in banc. The greater authority of such rulings on points of evidence, at least up to the mid-nineteenth century, is also explored. The thesis concludes by examining the tendency of more recent judges to ascribe greater weight to nisi prius rulings than their nineteenth century counterparts, due to the modern profession’s ignorance of the former difference in the treatment of nisi prius rulings and the decisions of courts in banc.

Item Type:	Thesis (PhD)
Additional Information:	© 2024 Paul Newman
Library of Congress subject classification:	K Law > K Law (General)
Sets:	Departments > Law
Supervisor:	Duxbury, Neil and Lobban, Michael
URI:	http://etheses.lse.ac.uk/id/eprint/4757

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