PRACTICE DIRECTION 52E - APPEALS BY WAY OF CASE STATED
This Practice Direction supplements CPR Part 52
See also Part 52, Practice Direction 52A, Practice Direction 52B, Practice Direction 52C, Practice Direction 52D
| Contents of this Practice Direction | |
| Title | Number |
| 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.
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
2.3
The appellant must lodge the following documents with the appellant's notice—
(a) the stated case;
(b) a copy of the judgment, order or decision in respect of which the case has been stated; and
(c) where the judgment, order or decision in respect of which the case has been stated was itself given or made on appeal, a copy of the judgment, order or decision appealed from.
Service of appellant’s notice
2.4
The appellant must serve the appellant’s notice and accompanying documents on all respondents within 4 days after they are filed or lodged at the appeal court.
SECTION III – CASE STATED BY MINISTER, GOVERNMENT DEPARTMENT, TRIBUNAL OR OTHER PERSON
Application to state a case
3.1
The procedure for applying to a Minister, Government department, tribunal or other person (‘Minister or tribunal etc.') to have a case stated for the opinion of the court may be set out in—
(a) the enactment which provides for the right of appeal; or
(b) any rules of procedure relating to the Minister or tribunal etc.
Signing of stated case by Minister or tribunal etc.
3.2
(1) A case stated by a tribunal must be signed by—
(a) the chairman or president (where there is one); or
(b) in any other instance, by the member or members, of the tribunal.
(2) A case stated by any other person must be signed by that person or by a person authorised to do so.
Service of stated case by Minister or tribunal etc.
3.3
The Minister or tribunal etc. must serve the stated case on—
(a) the party who requested it; or
(b) the party as a result of whose application to the court the case was stated.
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—
(a) the Minister or tribunal etc. who stated the case; and
(b) every party to the proceedings to which the stated case relates, within 4 days after the stated case was served on that party.
3.6
Where paragraph 3.4 applies the Minister or tribunal etc. must—
(a) file an appellant's notice and the stated case at the appeal court; and
(b) serve copies of those documents on the persons served under paragraph 3.4 within 14 days after stating the case.
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.
3.12
An application to the court for an order directing a Minister or tribunal etc. to –
(a) state a case for determination by the court; or
(b) refer a question of law to the court by way of case stated, must be made in accordance with Part 23.
3.13
The application notice must contain—
(a) the grounds of the application;
(b) the question of law on which it is sought to have the case stated; and
(c) any reasons given by the Minister or tribunal etc. for the refusal to state a case.
3.14
The application notice must be filed at the appeal court and served on—
(a) the Minister, department, secretary of the tribunal or other person as the case may be; and
(b) every party to the proceedings to which the application relates, within 14 days after the appellant receives notice of the refusal of his request to state a case.