The Civil Procedure Rules 1998

Reference of question of law

Rule 4—(1) Where under the said section 18 or 58 (8) the Secretary of State refers to the High Court for decision any question of law, he must state that question together with the facts relating thereto in a case.

(2) Order 56, rules 9 (1), 10 (1), 11 and 12, shall apply in relation to a case stated under paragraph (1) of this rule as they apply in relation to any other case stated by a Secretary of State.

(3) The notice of appeal by which proceedings for the determination of the question of law stated in the case are begun, together with a copy of the case, must be served by the Secretary of State on every person as between whom and the Secretary of State the question has arisen.

(4) Unless the Court having jurisdiction to determine the question of law otherwise directs, the appeal or reference shall not be heard sooner than 28 days after service of notice of appeal.

(1)

1992 c. 5.