County Court Rules (Northern Ireland) 1981

PART II CASES STATED

Application of this Part

4.  This Part shall apply, subject to the provisions of the relevant enactment and of the Rules of the Supreme Court, to any case stated which, under the provisions of any enactment for the time being in force, may be stated for the opinion of the Court of Appeal.

Stating of case

5.—(1) The judge may state a case on the application of any party.

(2) An application for a case stated shall be made in the manner and within the time provided by the relevant statute, and if not so provided, then such an application shall be made in writing by delivering it to the chief clerk within a period of fourteen days commencing on the date on which the decision was given and a copy shall be given to the other party.

(3) The written application shall set out the precise point of law involved in the decision with which the applicant is dissatisfied.

(4) Subject to any directions of the judge in special circumstances, a case stated shall be prepared by the party applying for it and shall be submitted in draft form to the other party or parties for approval within one month from the day on which the judge directs the case to be stated.

(5) The party to whom the draft case is submitted shall within three weeks from the day on which it is submitted to him return it with his observations thereon to the party who prepared it.

(6) Every case stated shall be divided into paragraphs numbered consecutively, and shall concisely state such facts and refer to such documents as may be necessary to enable the Court of Appeal to decide any question raised thereby.

Submission and transmission of case

6.—(1) The party or patties preparing a case stated shall, within two months from the day on which the judge directs the case to be stated or such longer time as the judge may allow, submit it to the judge for approval and settlement.

(2) Any dispute between the parties as to the contents of the case stated shall be determined by the judge.

(3) The judge shall within two months from receipt of a case stated approve and settle the case and shall—

(a) sign it and insert the date of such signature;

(b) where more than one party applies for a case stated, direct which applicant is to have carriage; and

(c) transmit the case to the chief clerk.

(4) Subject to paragraph (2), the chief clerk on receiving the signed case stated shall—

(a) endorse thereon the date of receipt; and

(b) transmit to the applicant a signed case with the date of transmission also endorsed.

(5) Where any enactment or any order of the judge requires a party having carriage of a case stated to fulfil any condition precedent (whether by way of giving security for costs, or of entering into a recognizance for the due prosecution of the case, or otherwise) to the entry of the case stated in the Supreme Court, the chief clerk shall not transmit the case to the applicant until that condition has been fulfilled.

(6) Where any such condition precedent is not fulfilled, or the party preparing the draft case does not submit it to the judge for approval and settlement, within the time fixed by the enactment or by these Rules or such longer time as the judge may allow, the application shall be deemed to be withdrawn and thereupon, if the case was stated—

(a) after the determination of the proceedings, that determination shall stand affirmed;

(b) before the determination of the proceedings, the proceedings shall stand adjourned until the next succeeding sittings or, with the consent of the parties, to the sittings for such other division as may be convenient.

(7) Where the party to whom a draft case stated has been submitted under Rule 5(5) makes default in complying with that Rule, the party having carriage may proceed in accordance with paragraph (1).