Appeal by Way of Case Stated
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In England and Wales, an appeal by way of case stated is a specific legal procedure used to challenge decisions made by lower courts or tribunals on points of law. This procedure is governed by the law and rules set out in the Magistrates' Courts Act 1980, the Crown Court Rules, and the Administrative Court Judicial Review Rules, among others.
Agreement on facts: The parties involved in the case must agree on the relevant facts. There should be no dispute about what actually happened.
Identification of legal issue: The parties must identify a specific legal issue or question that is in dispute. This issue should be a question of law or jurisdiction, such as the interpretation of a statute or regulation or whether the judicial decision was made in excess of jurisdiction.
Drafting the case stated: A formal document called the case stated is prepared. This document summarises the agreed-upon facts, outlines the legal issue, and includes the arguments of both parties. It is then submitted to the higher court for review.
Review by the High Court: In England and Wales, the case stated is typically reviewed by the King's Bench Division of the High Court. The High Court will examine the case stated to determine whether there was an error of law in the decision of the lower court or tribunal.
Judgment: The High Court may issue a judgment based on its review of the case stated. The judgment could uphold the decision of the lower court, overturn it, or send the case back to the lower court with instructions on how to proceed.
Appeals by way of case stated are commonly used to challenge decisions made by lower courts and tribunals, such as magistrates' courts, where the legal issue is relatively straightforward, and there is no need for a full trial or re-examination of evidence.
Agreement on facts: The parties involved in the case must agree on the relevant facts. There should be no dispute about what actually happened.
Identification of legal issue: The parties must identify a specific legal issue or question that is in dispute. This issue should be a question of law or jurisdiction, such as the interpretation of a statute or regulation or whether the judicial decision was made in excess of jurisdiction.
Drafting the case stated: A formal document called the case stated is prepared. This document summarises the agreed-upon facts, outlines the legal issue, and includes the arguments of both parties. It is then submitted to the higher court for review.
Review by the High Court: In England and Wales, the case stated is typically reviewed by the King's Bench Division of the High Court. The High Court will examine the case stated to determine whether there was an error of law in the decision of the lower court or tribunal.
Judgment: The High Court may issue a judgment based on its review of the case stated. The judgment could uphold the decision of the lower court, overturn it, or send the case back to the lower court with instructions on how to proceed.
Appeals by way of case stated are commonly used to challenge decisions made by lower courts and tribunals, such as magistrates' courts, where the legal issue is relatively straightforward, and there is no need for a full trial or re-examination of evidence.
