The Court of Appeal (Civil Division) handed down judgment in the matter of R v Erskine and another [2009] EWCA Crim 1425 on 14th July 2009. The appellants sought to appeal their respective convictions of murder. The case turned on whether the Court of Appeal thought it was required in the interests of justice to admit fresh evidence not adduced at trial. In disposed of the appeals at hand, the Court of Appeal issued guidance for the citation of authorities.

The Court of Appeal stated that section 23 of the Criminal Appeal Act 1968 c. 19 as amended provided the framework in which fresh evidence could be adduced. Whilst this framework was simple, the volume of case law regularly submitted to the Courts had grown exponentially, and many of the cases cited were largely factual in nature. Disparaging the unnecessary citation of multiple cases, the Court of Appeal stated that where it was not necessary to refer to a previous decision, it was necessary not to refer to it in the bundle of authorities. Further, if it was not necessary to include a previous decision in the bundle, it was necessary to exclude it.

The Court of Appeal also stated that counsel would be required to justify the citation of authorities, and that where authorities are cited they should be sourced from the principal law report the case appears in, with headnote and relevant dicta marked within.