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

Learning Outcomes

This article outlines the appeals procedure to the High Court by way of case stated, including:

• the legal basis, statutory framework (s.111 Magistrates’ Courts Act 1980) and core function of a case stated as a mechanism for High Court review
• the categories of errors capable of challenge—pure errors of law, excess or lack of jurisdiction, and Wednesbury-type unreasonableness—and how they feature in SQE1 MCQs
• the full sequence of procedural steps and strict timelines, from initial written application to final determination in the Divisional Court
• the distinction between questions of law and issues of fact, illustrated through typical exam-style scenarios and worked examples
• a comparison with alternative routes—appeals to the Crown Court and judicial review—highlighting when each is procedurally and tactically preferable
• the strategic and precedential implications of choosing a case stated appeal, including the potential for binding authority and wider impact on practice
• techniques for properly framing focused, non-hypothetical questions of law that fall within the High Court’s jurisdiction and avoid common drafting pitfalls
• key features of Divisional Court hearings, including composition of the court, scope of argument, and limits on fresh evidence or factual challenge
• the importance of clear, accurate, and complete submissions and records at every stage, enabling candidates to analyse, evaluate, and apply the law in problem questions

SQE1 Syllabus

For SQE1, you are required to understand the appeals procedure to the High Court by way of case stated, with a focus on the following syllabus points:

• the legal foundations, statutory authority, and scope of appeals by way of case stated from magistrates’ court to the High Court
• differences between legal errors (error of law or jurisdiction) and errors of fact or mixed fact/law, and their significance in the route taken
• process, documentation, and strict timeframes for applying for a case stated (including the roles of the magistrates, the content and circulation of the case, and rights of parties to comment)
• possible results, remedies, and powers of the High Court (Divisional Court) on hearing and determining a case stated
• comparative analysis with other appeal routes—Crown Court appeal and judicial review—including the criteria and practical utility of each
• case law and procedural guidance reinforcing current best practice, including treatment of errors made by magistrates and the correct approach for counsel when preparing an appeal by way of case stated

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 are a critical feature of criminal and civil litigation in magistrates’ courts, offering a mechanism for review strictly confined to questions of law arising from the magistrates’ court's determination. This procedure ensures that magistrates’ courts do not act beyond their lawful powers, misapply legal rules, or otherwise err in matters of law or jurisdiction. The process does not enable a rehearing of the facts or the consideration of fresh evidence but allows for correction and clarification where the law has not been correctly applied or observed. Candidates must be able to distinguish precisely between review of facts (for which appeals to the Crown Court are available) and review of law or jurisdiction (for which a case stated is the appropriate route), apply the rules for timing, and recognize the significance of these choices for the outcome and precedent.

Key Term: case stated
A formal document prepared by the magistrates’ court, outlining the facts as found, the court’s decision, and succinctly setting out the question(s) of law for determination by the High Court.

Key Term: error of law
A mistake by the magistrates’ court in interpreting, applying, or failing to apply the law, including statutory misinterpretation, incorrect application of case law, or procedural errors amounting to a departure from legal requirements.

Key Term: excess of jurisdiction
Action by a court beyond the legal limits of its authority, such as making an order or decision for which it lacks statutory or common law power.

Legal Basis and Scope

Appeals by way of case stated are anchored in section 111 of the Magistrates’ Courts Act 1980, available to any party aggrieved by a magistrates’ decision who wishes to challenge that decision on a point of law or jurisdiction. This right is not limited to defendants: prosecutors and third parties with standing may also invoke this procedure. The process is conducted before the King’s Bench Division of the High Court, typically sitting as a Divisional Court with two or more judges. The court’s role is to answer specific legal questions based on the presented facts, not to rehear the case.

A case stated must clearly set out:

• all the findings of fact made by the magistrates
• the legal question(s) for the High Court
• the determination made by the lower court
• the relevant statutory and procedural context

Note that appeals by way of case stated are not the exclusive vehicle for all challenges to magistrates’ court decisions. For errors relating to fact or for mixed fact/law, or where new evidence needs to be introduced, the correct avenue is to appeal to the Crown Court or, in some exceptional instances, to seek judicial review of the decision.

This procedure is available in both criminal and (where appropriate) civil proceedings before the magistrates, including licensing and certain family matters, provided the jurisdictional rules are satisfied.

When Is This Appeal Route Used?

An application for a case stated is appropriate only where the point to be decided is strictly a question of law. This includes misdirections, misapplication of statutes, failure to comply with mandatory procedural steps, or acts that are in excess of jurisdiction. Disputes solely about the facts as found by the magistrates are not within the ambit of the procedure.

Specifically, appeals by way of case stated are suitable for:

• determining whether undisputed or established facts support the outcome in law
• cases where, despite the facts being correctly found, the law has been wrongly interpreted or applied
• corrections of errors which, if unremedied, would affect the lawful basis for the outcome

The High Court’s role is tightly circumscribed: it answers the legal questions on the factual footing as determined in the magistrates’ court; it does not reassess credibility, weigh evidence, or hear new testimony.

Worked Example 1.1

A defendant is convicted in the magistrates’ court of an offence under a statute. The court interprets a statutory defence incorrectly, applying a narrower test than the wording of legislation intends. The defendant’s application for the case stated asks whether the magistrates’ failure to apply the correct legal standard constitutes an error of law.

Answer:
Yes. The appeal by way of case stated is available where a court wrongly interprets or misapplies the law, even if the factual findings themselves are not disputed.

Worked Example 1.2

A magistrates’ court convicts a defendant and, contrary to clear statutory limitation, imposes a disqualification outside their legal powers.

Answer:
Yes. This is an example of excess of jurisdiction. The magistrates’ court lacked authority to impose the disqualification, which is a legal error reviewable by way of case stated.

Types of Legal Errors

Common errors which justify an appeal by way of case stated include:

• Applying the wrong legal test or misunderstanding statutory wording, resulting in a misdirection of law
• Failure to apply or follow relevant case law precedent, resulting in an unlawful decision
• Mischaracterising the legal effect of established facts
• Disregarding procedural safeguards imposed by statute (such as the denial of a fair hearing, refusal to allow representation where legislation mandates it, or acting in breach of natural justice)
• Exercising powers not conferred by enabling legislation
• Making a determination that no reasonable tribunal properly directed as to the law could have made—sometimes described as a Wednesbury unreasonable decision in civil proceedings

It is insufficient for the appellant to assert mere dissatisfaction with the outcome or to rely on disagreements with findings of fact. The court will not intervene merely because it would have found differently on the evidence had it tried the case itself.

Note also that some errors may be both of law and fact: where the facts are determined on an erroneous understanding of legal principles, this may bring the matter within the scope of a case stated appeal. However, if the true complaint is that the facts were simply wrongly found, the proper route is appeal to the Crown Court, not by way of case stated.

Worked Example 1.3

A magistrates’ court fails to allow a legally competent witness for the defence to be heard, despite statute requiring that witness to be allowed to testify. Is this a ground for appeal?

Answer:
Yes. Denying a party the statutory right to call relevant witnesses is a procedural error and constitutes a question of law suitable for case stated.

Worked Example 1.4

The magistrates’ court finds a defendant guilty after accepting a statement as admissible, but the statute excludes such hearsay evidence in criminal proceedings. The error in admitting evidence in breach of statutory exclusion is challenged.

Answer:
Inadmissible evidence admitted because of a mistaken interpretation of law is an error of law and appropriate for an appeal by way of case stated.

Procedural Steps

Close compliance with procedural requirements is essential. Failure to comply with the technical requirements or time limits can result in losing the right to appeal.

Application

• The party wishing to appeal must apply in writing to the magistrates’ court within 21 days of the announcement of the decision to which the appeal relates (that is, the date the decision is pronounced in open court—not the date of sentence if different).
• The application must succinctly identify the question(s) of law to be determined by the High Court; excessive or prolix questions should be avoided, but the point at issue must be clearly formulated.
• The magistrates’ clerk (or the magistrates) is responsible for preparing a draft case stated, setting out the material facts, the issues, the decision reached, and the formulated question(s) of law.
• Drafts of the case stated are circulated to the parties, who may propose clarifications or corrections to ensure the question(s) of law are neither academic nor hypothetical but arise clearly from the decision.
• After finalization, the magistrates sign and issue the case; it is then transmitted to the High Court and copies served on the parties.

Exceptional reasons may occasionally allow late applications, but lateness is only excused where the court is satisfied that strict compliance would cause substantial injustice and there is good reason for delay.

Exam Warning

The 21-day time limit is strictly enforced in the High Court—applications filed even a single day late may only exceptionally be considered, and lack of awareness of the time limit will rarely amount to a good excuse.

Procedural compliance and content

• The case stated must contain only the relevant facts found by the magistrates, a fair summary of the issues and argument, the decision, and a precisely framed legal question.
• The facts found by the magistrates are final and cannot be disputed in proceedings on the case stated; the High Court cannot make new factual findings.
• The application should not raise new points of law not previously argued before the magistrates, except in clearly exceptional circumstances.

High Court Hearing

• The appeal is listed before the Divisional Court (King’s Bench Division), usually consisting of two High Court judges (but can be more, especially in cases of public importance).
• The Divisional Court’s review is strictly limited to the question(s) of law identified in the case stated document; there is no power to rehear the facts or permit the introduction of new evidence.
• The parties present legal argument on the law, not on disputed facts. Counsel on both sides may be asked to address the court on the statutory purpose and on authoritative case law.
• The Divisional Court may allow intervention from interested parties or amicus curiae (friend of the court) where broader issues of legal principle and precedent are involved.

Outcomes

Upon concluding the hearing, the Divisional Court may:

• Affirm (uphold) the decision of the magistrates’ court if satisfied that the law was properly applied
• Reverse (overturn) the magistrates’ decision if persuaded a legal error or excess/jurisdictional error has occurred
• Remit (send back) the case to the magistrates’ court with directions for reconsideration in accordance with the law, as clarified by the Divisional Court’s judgment
• Make other orders as necessary to undo an unlawful result—such as varying penalties or setting aside orders that were made in excess of jurisdiction

If the Divisional Court reverses the magistrates’ decision, the consequences may include the quashing of a conviction, resetting a financial penalty, or setting aside an ancillary order. Where remission is appropriate, the case returns to the magistrates to make a fresh decision, applying the correct legal principles as directed.

Worked Example 1.5

Magistrates convict a company of an offence and impose a fine. The company successfully appeals by way of case stated on the ground that the magistrates misdirected themselves on the legal definition of the relevant business activity. The High Court quashes the conviction and fine and remits the matter for reconsideration by the magistrates.

Answer:
The High Court, in answering a question of law in the company’s favour, has the power to quash prior orders and direct further proceedings, providing the correct legal framework is followed.

Strategic Considerations

A decision to pursue an appeal by way of case stated is a significant step and involves weighing several factors:

• Suitability: Use this route only for challenges where the alleged error is strictly one of law or jurisdiction. Disputes about the factual findings, or about the weight the magistrates accorded to evidence, are not within the scope of a case stated.
• Clarity and Precision: Frame the questions of law tightly and without ambiguity; general or poorly drafted questions are likely to lead to the case being dismissed or the appeal refused.
• Record and Precedent: Cases in the High Court by way of case stated may result in judgments of general application, establishing or clarifying points of law and binding the magistrates’ court and, in appropriate cases, other lower courts.
• Delay and Finality: The process can be slower than appeal to the Crown Court; given its technical and precedential nature, it is often best reserved for substantial or recurring legal problems.

Practitioners should take a measured approach and avoid using the route simply to delay proceedings or to challenge a decision rooted in the facts, which is more appropriately reviewed by the Crown Court. The limited scope for review and higher threshold for success mean that not every legal disagreement is suitable for this appeal route.

Key Term: precedential value
Divisional Court decisions on case stated appeals have binding authority on magistrates’ courts and on future cases within the same court hierarchy, subject to further appeal.

Worked Example 1.6

Counsel challenges a magistrates’ court conviction, claiming evidence was so overwhelmingly in their favour that the conviction must be perverse. Is appeal by way of case stated appropriate?

Answer:
No. An allegation that the decision was "perverse" is, in substance, a challenge to the magistrates’ findings of fact or the inferences they drew from the evidence — a matter for an appeal to the Crown Court, not via case stated.

Framing the Question of Law

A critical part of this process is accurately formulating the question(s) to be answered by the High Court. The legal issue must be confined solely to a clear and focused dispute over the law (for example, "Did the facts as found amount in law to an offence under section X, when properly construed?", or "Did the magistrates err in law in holding that Y constituted a valid statutory defence under section Z?"). Overly broad, hypothetical, or fact-dependent questions risk being rejected as "academic" or "premature". The function of the case stated is not to invite general legal opinion but to seek binding direction on a discrete point materially affecting the outcome.

Comparison with Other Appeal Routes

It is necessary to distinguish between the different appellate routes available from a decision of the magistrates’ court:

• Appeals to the Crown Court (under ss. 108–110 MCA 1980) afford a full rehearing; evidence may be adduced anew, and both findings of fact and law may be revisited. New matters may be raised.
• Appeals by way of case stated are reserved only for limited situations where a point of law has arisen and must be definitively settled, usually carrying greater significance for other courts and cases.
• Judicial review is the remedy of last resort where no other appeal process is available. It is focused on the decision-making process rather than the merits of the decision itself, and is particularly concerned with ultra vires acts, breaches of natural justice, or abuse of power. Judicial review is discretionary and subject to strict limitations.

In some circumstances, there may be overlap as to the possible route, but a party is generally directed to pursue whichever is most apt to the nature of their complaint.

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 exclusively to challenge errors of law or excesses of jurisdiction by the magistrates’ court.
• The appeal must be initiated by written application to the magistrates’ court within 21 days of the decision.
• Only questions of law or jurisdiction may be argued—factual disputes, credibility, or new evidence are outside the scope.
• The case stated document, prepared by the magistrates, must succinctly state all findings of fact and the precise legal question for the High Court.
• The Divisional Court’s review is limited to the legal question posed; there is no opportunity for a rehearing on the facts or for hearing new evidence.
• The High Court may affirm, reverse, vary, or remit the case for decision in accordance with their judgment on the law.
• This appeal route is distinct from appeals to the Crown Court (which considers both fact and law on a full rehearing) and judicial review (which focuses on the lawfulness of the decision-making process).
• The routes chosen are significant because of the implications for precedent, speed, procedural complexity, and finality.

Key Terms and Concepts

• case stated
• error of law
• excess of jurisdiction
• precedential value