Practice Direction 52E - appeals by way of case stated
This Practice Direction supplements CPR Part 52
Title | Number |
---|---|
Contents of this Practice Direction | Para. |
SECTION I – INTRODUCTION: APPEALS BY WAY OF CASE STATED | |
SECTION II – CASE STATED BY CROWN COURT OR MAGISTRATES’COURT | |
Application to state a case | Para. 2.1 |
Documents to be lodged | Para. 2.3 |
Service of appellant’s notice | Para. 2.4 |
SECTION III – CASE STATED BY MINISTER, GOVERNMENT DEPARTMENT, TRIBUNAL OR OTHER PERSON | |
Application to state a case | Para. 3.1 |
Signing of stated case by Minister or tribunal etc. | Para. 3.2 |
Service of stated case by Minister or tribunal etc. | Para. 3.3 |
Filing and service of appellant’s notice | Para. 3.5 |
Amendment of stated case | Para. 3.9 |
Right of Minister or Government department to be heard on the appeal | Para. 3.10 |
Application for order to state a case | Para. 3.11 |
SECTION I – INTRODUCTION: APPEALS BY WAY OF CASE STATED
1.1
An appeal by case stated is an appeal to a superior court on the basis of a set of facts specified by the inferior court for the superior court to make a decision on the application of the law to those facts.
1.2
(1) This section applies where, under any enactment –
(a) an appeal lies to the court by way of case stated; or
(b) a question of law may be referred to the court by way of case stated.
(2) This section is subject to any provision governing a specific category of appeal in any enactment or Practice Direction 52A, 52B or 52D.
SECTION II – CASE STATED BY CROWN COURT OR MAGISTRATES’COURT
Application to state a case
2.1
The procedure for applying to the Crown Court or a Magistrates’ Court to have a case stated for the opinion of the High Court is set out in the Criminal Procedure Rules.
Filing of appellant's notice
2.2
An appellant must file the appellant’s notice at the appeal court within 10 days of the date of the case stated by the court.
Documents to be lodged
SECTION III – CASE STATED BY MINISTER, GOVERNMENT DEPARTMENT, TRIBUNAL OR OTHER PERSON
Application to state a case
Service of stated case by Minister or tribunal etc.
3.4
Where an enactment provides that a Minister or tribunal etc. may state a case or refer a question of law to the court by way of case stated without a request being made, the Minister or tribunal etc. must-
(a) serve the stated case on those parties that the Minister or tribunal etc. considers appropriate and on any other party who may be affected by the decision of the court; and
(b) give notice to every other party to the proceedings that the stated case has been served on the party named and on the date specified in the notice.
Filing and service of appellant’s notice
3.5
The party on whom the stated case was served must file the appellant’s notice and the stated case at the appeal court and serve copies of the notice and stated case on –
3.7
Where –
(a) a stated case has been served by the Minister or tribunal etc. in accordance with paragraph 3.3; and
(b) the party on whom the stated case was served does not file an appellant's notice in accordance with paragraph 3.5,
any other party may file an appellant’s notice with the stated case at the appeal court and serve a copy of the notice and the case on the persons listed in paragraph 3.5 within the period of time set out in paragraph 3.8.
3.8
The period of time referred to in paragraph 3.7 is 14 days from the last day on which the party on whom the stated case was served may file an appellant’s notice in accordance with paragraph 3.5.
Amendment of stated case
3.9
The court may amend the stated case or order it to be returned to the Minister or tribunal etc. for amendment and may draw inferences of fact from the facts stated in the case.
Right of Minister or Government department to be heard on the appeal
3.10
Where the case is stated by a Minister or government department, that Minister or department, as the case may be, is entitled to appear on the appeal and to make representations to the court.
Application for order to state a case
3.11
An application to the court for an order requiring a minister or tribunal etc. to state a case for the decision of the court, or to refer a question of law to the court by way of case stated must be made to the court, which would be the appeal court if the case were stated.