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Court: High
Topic: Cases stated to the High Court
Category: Civil & criminal

HC42 - Cases stated to the High Court

Appeals by way of case stated

1. (a) The procedure for transmission of an appeal by way of case stated pursuant to section 2 of the Summary Jurisdiction Act 1857, as extended by section 51 of the Courts (Supplemental Provisions) Act 1961, is governed by Order 62, rule 1 and rules 4 to 7 of the Rules of the Superior Courts. Reference should also be made to Order 102, rules 8, 12 and 13 of the District Court Rules.

 (b) Upon transmission of the case stated to the Central Office in accordance with Order 62, rule 1 of the Rules of the Superior Courts, the party seeking to appeal by way of case stated shall apply in the Central Office to have the case stated listed for mention in the non jury list in the High Court on the next available date such as will enable notice to be given in accordance with sub-paragraph (c) of this paragraph.

 (c) The party seeking to appeal by way of case stated shall give not less than ten clear days' notice of such listing in writing by prepaid ordinary post to each other party to the proceedings.

Consultative cases stated

2. (a) The procedure for transmission of a case stated pursuant to section 52 of the Courts (Supplemental Provisions) Act 1961 is governed by Order 62, rules 3 to 7 of the Rules of the Superior Courts. Reference should also be made to Order 102, rules 11 to 14 of the District Court Rules.

Consultative cases stated at the request of a party
 (b) Where the District Court, at the request of a party to proceedings ("the requesting party"), refers a question of law to the High Court by way of case stated, and the case has been stated and signed, the District Court Clerk is required by Order 102 rule 13 of the District Court Rules to transmit the case stated forthwith to the requesting party.

 (c) The requesting party shall, within three days of receipt of the case stated transmit the case stated to the Central Office. Upon such transmission, the requesting party shall apply in the Central Office to have the case stated listed for mention in the non jury list in the High Court on the next available date such as will enable notice to be given in accordance with sub-paragraph (d) of this paragraph.

 (d) The requesting party shall give not less than ten clear days' notice of such listing in writing by prepaid ordinary post to each other party to the proceedings.

Consultative cases stated without request
 (e) Where the District Court, without request of the parties, refers a question of law to the High Court by way of case stated, and when the case has been stated and signed, the District Court Clerk is required by Order 102 rule 14 of the District Court Rules to notify the parties to the proceedings forthwith in the form prescribed and then to transmit the case stated to the Central Office.

 (f) Upon receipt from the District Court Clerk of the case stated, the proper officer in the Central Office shall, having given not less than ten clear days notice in writing by prepaid ordinary post to each party to the proceedings, place the case stated for mention in the non jury list in the High Court on the next available date.

Dated this 26th day of April 2006
Joseph Finnegan
President of the High Court