The Rules of the Supreme Court (Amendment No. 3) 1990

Appeals to High Court by case stated

12.—(1) In Order 56, rule 10(1), after the words “served in accordance with rule 9(2)” there shall be added the following—

“or, where the case is stated without a request being made, by the Minister, secretary of the tribunal, arbitrator or other person by whom the case is stated”.

(2) The following shall be substituted for Order 56, rule 10(2)—

“(2) The applicant shall serve notice of a motion under paragraph (1), together with a copy of the case, on—

(a) the Minister, secretary of the tribunal, arbitrator or other person by whom the case was stated, unless that Minister, tribunal, arbitrator or other person is the applicant,

(b) every party (other than the applicant) to the proceedings in which the question of law to which the case relates arose, and

(c) any other person (other than the applicant) served with the case under rule 9(2).”.

(3) The following shall be substituted for Order 56, rule 12—

“12.   In proceedings for the determination of a case stated, or of a question of law referred by way of case stated, the Minister, chairman or president of the tribunal, arbitrator or other person by whom the case was stated shall be entitled to appear and be heard.”.