DMBM660520 | Enforcement action: summary proceedings: hearings and orders in the magistrates' court: case stated to the High Court

Some content of this manual is being considered for archiving. If there is content you use regularly, please email [email protected] to let us know as soon as possible.

Stating a case

When either the complainant or defendant is aggrieved by an order on the grounds that either:

• it is wrong in law

• the court has exceeded its powers

they may ask the court to state a case for the opinion of the High Court. Requests are rare.

If the defendant asks for a case to be stated, or you consider you should make an application as complainant, you should phone the Enforcement Technical Team, Shipley immediately.

Time limit for applications

An application for a case to be stated must be made within 21 days of the hearing date.

Court response

In response to a request the court will, in a formal document:

• record the facts placed before it

• explain how these facts were considered

• detail how these considerations led to the decision made.