Q&As

In a civil complaint (appeal) in the magistrates’ court, a taxi licensing complaint, by a taxi driver, was dismissed. The taxi driver has now appealed to the Crown Court, even though this is a civil matter. Which procedural rules apply?

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Produced in partnership with Denis Edwards of Normanton Chambers
Published on LexisPSL on 21/01/2021

The following Local Government Q&A produced in partnership with Denis Edwards of Normanton Chambers provides comprehensive and up to date legal information covering:

  • In a civil complaint (appeal) in the magistrates’ court, a taxi licensing complaint, by a taxi driver, was dismissed. The taxi driver has now appealed to the Crown Court, even though this is a civil matter. Which procedural rules apply?

In a civil complaint (appeal) in the magistrates’ court, a taxi licensing complaint, by a taxi driver, was dismissed. The taxi driver has now appealed to the Crown Court, even though this is a civil matter. Which procedural rules apply?

As a starting point, appeals from the magistrates’ court to the Crown Court are normally only available in criminal cases. This follows from section 108 of the Magistrates’ Courts Act 1980 (MCA 1980). In addition, some appeals concerning gaming and betting licences lie from the magistrates’ court to the Crown Court. Civil appeals in the Crown Court are governed by the Crown Court Rules 1982 (CCR 1982), SI 1982/1109 (as amended) and criminal appeals procedure is set out in the Criminal Procedure Rules 2020 (CrimPR 2020), SI 2020/759, Pt 34.

In addition, MCA 1980, s 111 allows appeals by way of case stated. This extends to both civil and criminal matters. The destination for such appeals is the High Court (either the Queen’s Bench Division or a Divisional Court). The procedure for making an application to the magistrates' court to state a case for the opinion of the High Court is governed by MCA 1980, s 111 and CrimPR

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