- tocCivil Procedure Rules
Contents of this Part | |
Scope of this Part | Rule 61.1 |
Application for order to state a case | Rule 61.2 |
Persons on whom claim form must be served | Rule 61.3 |
Time within which claim form must be served | Rule 61.4 |
Signing and service of case two or more different things | Rule 61.5 |
How to commence proceedings in the High Court to determine a case | Rule 61.6 |
How to commence proceedings in the Court of Appeal to determine a case | Rule 61.7 |
Determination of Case | Rule 61.8 |
Time within which case must be stated | Rule 61.9 |
61.1
- 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.
- This Part deals with the way in which the Court determines –
- an appeal which lies to the court by way of case stated; or
- a question of law brought by way of case stated; referred to it, by a minister, magistrate, judge of a tribunal, a tribunal or other person; or
- an application for an order directing a minister, magistrate, judge of a tribunal, tribunal, arbitrator or other person to refer a question of law to the court by way of case stated, where under any enactment the High Court or the Court of Appeal has power to determine such matters.
- In this Part –
- “case” includes a special case;
- “clerk to the tribunal” means the clerk, secretary or other person responsible for the administration of the tribunal;
- “court” means the High Court or the Court of Appeal as required by the particular enactment;
- “enactment” includes the Constitution of the relevant Member State or Territory; and “tribunal” means in relation to –
- proceedings brought under the Constitution – a court other than the High Court, the Court of Appeal or a court martial;
- any other proceedings – any tribunal other than a court of law constituted by or under any enactment.
Application for order to state a case
61.2
- An application for an order requiring a minister, magistrate, judge of a tribunal, tribunal, arbitrator or other person to –
- state a case for the decision of the court, or
- 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.
- An application –
- to the High Court shall be made by a fixed date claim in Form 2 and must –
- identify the question of law upon which it is sought to have a case stated;
- set out any reasons given by the minister, magistrate, judge of a tribunal, tribunal, arbitrator or other person for the failure or refusal to state a case; and
- state the grounds of the application.
- to the Court of Appeal shall be made by a notice of appeal in Form 23 and must –
- identify the question of law upon which it is sought to have a case stated;
- set out any reasons given by the minister, magistrate, judge of a tribunal, tribunal, arbitrator or other person for the failure or refusal to state a case; and
- state the grounds of the application.
- to the High Court shall be made by a fixed date claim in Form 2 and must –
- The application must be filed at the court and served on –
- the minister, magistrate, judge of a tribunal, tribunal, arbitrator or other person as the case may be; and
- every party to the proceedings to which the application relates; within 14 days after the appellant receives notice of the failure or refusal of his request to state a case.
- The court office must fix a date for a hearing of the application and specify the date, time and place of that hearing.
- The applicant must file at the court office a copy of the proceedings to which the application relates not less than 7 days before the date fixed for the hearing.
Persons on whom claim form must be served
61.3
- The claimant must serve the claim form –
- if the application relates to a claim brought under the relevant Constitution – on–
- the Attorney General;
- the clerk to the tribunal; and
- every other party to the proceedings to which the application relates;
- in any other claim – on –
- the clerk to the tribunal;
- the minister or other person whose decision is questioned; and
- every other party to the proceedings to which the application relates.
- Rule 6.9 deals with service on the Attorney General
- Rule 59.2 deals with service on the Crown or State.
- if the application relates to a claim brought under the relevant Constitution – on–
Time within which claim form must be served
61.4
- The claimant must serve the claim form within 14 days of the date on which notice of refusal to state a case was given to the claimant.
61.5
- A case stated by a tribunal must be signed by the magistrate, judge, chairman or president of the tribunal.
- A case stated by any other person must be signed by that person.
- An application made under the Constitution must be served on the Attorney General and all parties to which the application relates.
- An application other than an application under Rule 61.5(3) must be served on –
- the party whose application it is to state the case;
- the party who requested the case stated; and
- all parties to which the case relates.
How to commence proceedings in the High Court to determine a case
61.6
- Proceedings to determine a case must be commenced by filing a claim in Form 2 at the court office.
- The claim form may be issued by –
- A minister, magistrate, judge of a tribunal, tribunal, arbitrator or other person entitled by any enactment to state a case or to refer a question of law by way of case stated to the court; or
- Any other party to the claim to which the case relates.
- The claim form must have the case stated annexed.
- Where an application has been granted under rule 61.2, the fixed date claim filed for that application may be deemed to have commenced proceedings and the claimant must –
- file the case stated at the court office within 14 days of receipt of the case stated by the minister, magistrate, judge of a tribunal, tribunal, arbitrator or other person entitled by any enactment to state a case or to refer a question of law by way of case stated to the court; and
- within 7 days serve a notice of filing on the persons set out in Rule 61.5(3).
- The claim form or a statement of claim issued and served with it must set out the claimant’s contentions on the question of law to which the claim relates.
- The contentions may be in the form of a skeleton argument.
- The court office must fix a date, time and place for the determination of a case.
- The claim must be served on the persons set out in rule 61.5(3).
- It must be served within 14 days after the service of the case stated.
How to commence proceedings in the Court of Appeal to determine a case
61.7
- Proceedings to determine a case must be commenced by filing a notice of appeal in Form 23 at the court office.
- The notice of appeal may be issued by –
- A minister, magistrate, judge of a tribunal, tribunal, arbitrator or other person entitled by any enactment to state a case or to refer a question of law by way of case stated to the court; or
- Any other party to the claim to which the case relates.
- Where an application has been granted under rule 61.2, the notice of appeal filed for that application may be deemed to have commenced proceedings and the claimant must –
- file the case stated at the court office within 14 days of receipt of the case stated by the minister, magistrate, judge of a tribunal, tribunal, arbitrator or other person entitled by any enactment to state a case or to refer a question of law by way of case stated to the court; and
- within 7 days serve a notice of filing on the persons set out in Rule 61.5(3).
- The case stated must be annexed to the notice of appeal and must set out the appellant’s contentions on the question of law to which the case relates.
- The contentions may be in the form of a skeleton argument.
- The court office must fix a date, time and place for the determination of a case.
- The notice of appeal must be served on the persons set out in rule 61.5(3).
- It must be served within 14 days after the service of the case stated.
61.8
- Not less than 7 days before the date fixed to determine the case, the claimant must file a copy of the proceedings to which the case relates.
- The court may amend the case or order it to be returned to the person or tribunal stating the case for amendment.
- The court may draw inferences of fact from the facts stated in the case.
- A minister is entitled to be heard on any case stated by that minister.
Time within which case must be stated
61.9
- Where a minister, magistrate, judge of a tribunal, tribunal, arbitrator or other person has received a request or is expected to state a case, this must be done within 14 days of either the request or the date of the decision.