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

ORDER 56 APPEALS TO THE HIGH COURT BY CASE STATED: GENERAL

Proceedings on case stated

1.—(1) Subject to the provisions of any statutory provision or of these Rules, 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 High Court 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 a copy of the case stated with the date of such entry endorsed thereon upon every other party to the appeal.

(2) Where a case may be stated for the opinion of the High Court under the provisions of 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 after entering an appeal for hearing must within 14 days lodge in the appropriate office an appeal book (unless the master otherwise directs) 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.

Signing of case stated

3.  A case stated by a tribunal must be signed by the chairman as 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.

Withdrawal of case stated

4.—(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 by motion on notice 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.

Copies of orders

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