Appeal by way of case stated
Appeal by way of case stated

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Appeal by way of case stated
  • Challenging a decision which is wrong in law or in excess of jurisdiction
  • Case stated procedure from the magistrates' court
  • Procedure for an appeal by case stated from the Crown Court
  • Orders available following an appeal by way of case stated
  • Civil costs in criminal matters
  • Appealing a decision of the High Court on a case stated appeal

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 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.

An appeal by way of case stated lies to a Divisional Court of the Queen's Bench Division of the High Court from either the magistrates' or the Crown Court on the grounds that an order, judgment or other decision may be wrong in law or made in excess of jurisdiction.

‘Wrong’ in this sense means it is a decision to which no reasonable court could have come on the material before it.

An appeal by way of case stated cannot be made on an issue relating to trial on indictment.

The procedure overlaps with the procedure for judicial

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