Appeals procedure - Appeal to the High Court by way of case stated

Learning Outcomes

After reading this article, you will be able to explain the purpose and scope of an appeal to the High Court by way of case stated, identify the types of legal errors that can be challenged, outline the strict procedural steps and deadlines, and compare this appeal route with other options. You will also be able to apply these principles to SQE1-style scenarios and avoid common pitfalls.

SQE1 Syllabus

For SQE1, you are required to understand the appeals procedure from the magistrates’ court to the High Court by way of case stated. In your revision, focus on:

• the legal basis and scope of an appeal by way of case stated
• the types of legal errors that can be challenged (error of law or jurisdiction)
• the procedural steps, time limits, and requirements for initiating the appeal
• the possible outcomes and powers of the High Court
• the strategic considerations and comparison with other appeal routes (Crown Court appeal, judicial review)
• the importance of precise legal question framing and procedural compliance

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. What is the main purpose of an appeal to the High Court by way of case stated?
2. Within how many days must an application for a case stated be made to the magistrates’ court?
3. What types of errors can be challenged by this appeal route?
4. How does an appeal by way of case stated differ from an appeal to the Crown Court?

Introduction

Appeals to the High Court by way of case stated provide a mechanism for challenging decisions of the magistrates’ court on the basis of legal or jurisdictional error. This route is strictly limited to questions of law or excess of jurisdiction, and does not allow for a rehearing of the facts. For SQE1, you must be able to identify when this appeal is appropriate, follow the procedural steps, and distinguish it from other appeal routes.

Legal Basis and Scope

Appeals by way of case stated are governed by section 111 of the Magistrates’ Courts Act 1980. This provision allows a party to challenge a magistrates’ court decision if they believe the court has made an error of law or acted outside its jurisdiction. The appeal is heard by the King’s Bench Division of the High Court, usually sitting as a Divisional Court.

Key Term: case stated A written document prepared by the magistrates’ court, setting out the facts found, the decision made, and the legal question(s) for the High Court to answer.

Key Term: error of law A mistake in the interpretation or application of legal principles, statutes, or case law by the lower court.

Key Term: excess of jurisdiction When a court acts outside the powers granted to it by law, or makes a decision it is not legally entitled to make.

When Is This Appeal Route Used?

This appeal is only available for errors of law or jurisdiction. It cannot be used to challenge findings of fact, or to introduce new evidence. The High Court will not rehear the case, but will answer the legal question(s) posed in the case stated.

Worked Example 1.1

A defendant is convicted in the magistrates’ court of an offence after the court misinterprets a statutory defence and refuses to consider it. Can the defendant appeal by way of case stated?

Answer: Yes. The magistrates’ court has made an error of law by failing to apply the statutory defence. The defendant can apply for a case stated to the High Court to determine whether the law was correctly applied.

Types of Legal Errors

The most common grounds for this appeal are:

• Misinterpretation or misapplication of statute or case law
• Acting outside the court’s powers (excess of jurisdiction)
• Failure to follow mandatory legal procedures
• Making a decision that no reasonable court, properly directing itself in law, could have made

Worked Example 1.2

A magistrates’ court imposes a sentence that is not permitted by statute for the offence in question. Is this suitable for an appeal by way of case stated?

Answer: Yes. The magistrates’ court has acted in excess of its jurisdiction by imposing an unlawful sentence. The High Court can review this by way of case stated.

Procedural Steps

Strict compliance with the procedural rules is essential.

Application

• The party seeking to appeal must apply in writing to the magistrates’ court within 21 days of the decision.
• The application must specify the legal question(s) to be determined.
• The magistrates’ court will draft the case stated, setting out the facts, the decision, and the legal question(s).
• The draft is circulated to the parties for comment or suggested amendments.
• The final case stated is sent to the High Court and to the parties.

Exam Warning The 21-day time limit is strict. Failure to apply in time will usually result in the appeal being refused.

High Court Hearing

• The appeal is heard by the King’s Bench Division (Divisional Court), usually by two or more judges.
• The court will not hear new evidence or reconsider the facts.
• The hearing is limited to the legal question(s) posed in the case stated.

Outcomes

The High Court may:

• Affirm the magistrates’ court’s decision (if the law was correctly applied)
• Reverse the decision (if there was an error of law or jurisdiction)
• Remit the case back to the magistrates’ court with directions for reconsideration in light of the correct legal principles

Strategic Considerations

• Only use this appeal route for clear legal or jurisdictional errors.
• Frame the legal question(s) precisely and concisely.
• Consider the precedential impact: High Court decisions may set binding precedent.
• Ensure all procedural steps and deadlines are met.

Revision Tip

For SQE1, focus on identifying whether the error is one of law or fact. Appeals by way of case stated are not available for disputes about the facts found by the magistrates’ court.

Comparison with Other Appeal Routes

Key Point Checklist

This article has covered the following key knowledge points:

• An appeal to the High Court by way of case stated is used to challenge errors of law or jurisdiction by the magistrates’ court.
• The appeal must be initiated within 21 days of the magistrates’ court’s decision.
• The case stated sets out the facts, the decision, and the legal question(s) for the High Court.
• The High Court’s review is limited to the legal question(s) posed; it does not reconsider facts or hear new evidence.
• The High Court may affirm, reverse, or remit the case for reconsideration.
• This appeal route is distinct from appeals to the Crown Court (which allow for a full rehearing) and judicial review (which focuses on lawfulness of process).

Key Terms and Concepts

• case stated
• error of law
• excess of jurisdiction