Appeal by way of case stated


Published by a ³ÉÈËÓ°Òô Corporate Crime expert
Practice notes

Appeal by way of case stated


Published by a ³ÉÈËÓ°Òô Corporate Crime expert

Practice notes
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A challenge to a decision of the lower courts can be brought in various ways, including by way of appeal, Judicial review or an appeal by way of Case stated. This Practice Note is concerned with appeals by way of case stated. For detailed guidance on appeals in criminal matters, see: Criminal appeals—overview. For further information on judicial review proceedings, see Practice Note: Judicial review of magistrates' court and Crown Court decisions.

Challenging a decision which is wrong in law or in excess of jurisdiction

An appeal by way of case stated is an appeal to a Superior court on the basis of a set of facts (case) specified by the inferior court (stated) for the superior court to make a decision on the application of the law to those facts. The appeal identifies the decision in issue, the questions of law or jurisdiction on which the opinion of the High Court is asked and should include a succinct summary of the nature and history of the proceedings, the lower court's relevant findings of fact and the relevant

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Jurisdiction(s):
United Kingdom
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Key definition:
Case stated definition
What does Case stated mean?

An appeal to the High Court against the decision of a magistrates’ court or the Crown Court on the basis that the decision was wrong in law or in excess of the court’s jurisdiction.

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