Statement of Case for opinion of the High Court

Any party who is aggrieved by the Magistrates Courts decision may ask for a case to be stated , where it is felt that they are wrong in law or are in excess of their jurisdiction.

It is a request for the High Court to give an opinion.

S111 MAGS. COURTS ACT 1980

All requests must be made within 21 days starting from the date of the original decision

All applications must state the grounds on which they are based

R V THAMES MAG. EX PARTE CHRISTIE 

If thought frivolous the Magistrate's Court may refuse to state a case.

If refused on this reason then a certificate is to be issued and an appeal can be made direct to the High Court.

(High Court may then issue order of mandamus requiring the justices to state a case)

Related Topics

  1. Attachment of Council Members Allowances
  2. Attachment of Earnings
  3. Bankruptcy
  4. Charging Orders
  5. Committals
  6. Company Administration Order
  7. Company Administrative Receivership
  8. Company Voluntary Arrangements
  9. Computer Evidence
  10. County Court Administration Order
  11. Deductions from Income Support / JSA
  12. Defences available to the Debtor
  13. Evidence to be given by the Authority
  14. Insolvency
  15. Issue of Summonses / Laying Complaint
  16. IVA
  17. Liability Order Hearings
  18. Liability Order Progression
  19. Liquidation
  20. Production of 14 day letters
  21. Statement of Case for opinion of the High Court
  22. The Enforcement Process
  23. Typical Proceedings for Committal
  24. Use of Bailiffs & Distress procedures