The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

ORDER 61 APPEALS FROM COURTS, TRIBUNALS, ETC., TO THE COURT OF APPEAL BY CASE STATED

Proceedings on case stated

1.—(1) Subject to any statutory provision, the party (hereinafter called “ the applicant”) at whose instance a case has been stated by a court, tribunal or person on a point of law for the opinion of the Court of Appeal must, within 14 days after receiving it—

(a) enter the appeal for hearing by lodging the case stated with a duly stamped requisition for hearing in the Central Office;

(b) serve upon every other party to the appeal a copy of the case stated with the date of such entry endorsed thereon.

(2) Where a case may be stated for the opinion of the Court of Appeal under any statutory provision and in so far as it makes no provision as to the procedure for stating and sending the case to the applicant, then—

(a) the requisition to state the case must be lodged with the court, tribunal or person within 6 weeks commencing on the day the decision complained of was sent to the applicant; and

(b) the case must be settled by the court, tribunal or person and sent to the applicant within a period of 6 weeks commencing on the day the requisition was received.

Appeal books

2.  The applicant must within 14 days after entering an appeal for hearing lodge in the Central Office 3 appeal books (unless the Master directs a different number) containing the following documents, namely—

(a) the requisition to state a case;

(b) the case stated;

(c) the legal aid certificate (if any);

(d) any other documents which may be relevant to the appeal.

Withdrawal of case stated

3.—(1) The applicant or any other person having carriage of the appeal may at any time before the date fixed for hearing apply to the Court of Appeal by motion to withdraw the appeal.

(2) On the hearing of an application to withdraw an appeal any other party may apply to proceed with the appeal in the place of the applicant.

Application for order to state case

4.  An application to the Court of Appeal or a judge thereof for an order directing a court or tribunal to state a case must be made by motion within a period of 14 days commencing on the date of the refusal or failure of the court or tribunal to state the case.

Application to High Court to state case

5.—(1) An application under Article 62 of the County Courts (Northern Ireland) Order 1980(1), to the High Court to state a case for, the opinion of the Court of Appeal upon a point of law arising on an appeal shall be made by lodging a requisition into the Central Office within a period of 24 days commencing on the date on which the decision was given and the requisition shall be served on the other party.

(2) The requisition shall specify the point of law upon which the applicant wishes to have the opinion of the Court of Appeal.

(3) The proper officer shall inform the parties of the result of the application.

Judge to settle case stated

6.—(1) A case stated under Article 62 of the said Order shall, after such reference to the parties as he may think desirable, be settled by the judge who shall transmit the case stated to the applicant through the Central Office.

(2) The applicant on receipt of the case stated shall enter it for hearing in accordance with rule 1.

Signing of case stated

7.  A case stated by a tribunal must be signed by the chairman or president of the tribunal and a case stated by any other person must be signed by him or by a person authorised in that behalf to do so.

Copies of orders

8.  The proper officer shall send a copy of any final order made under this Order to the court or tribunal concerned in the decision.

(1)

S.I. 1980 No. 397 (N.I. 3)