Showing results for tags 'case stated'.
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Hoping someone reading knows or has gone through the procedure of lodging a 'case stated' appeal and managed to decipher the ambiguous information in Procedure Rules and Practice Directions etc. Particularly confusing is knowing which supporting documents are required to accompany the Appellant's Notice (Form N161). The confusion seems to arise with form N161 being general purpose. For example section 11 of the form (Supporting documents) lists copies of "Grounds of appeal" and "skeleton argument" to be filed at the appeal court along with copies of the appellant's notice, whereas Practice Direction 52E (appeals by way of case stated), only this: " The appellant must lodge the following documents with the appellant’s notice – (a) the stated case; (b) a copy of the judgment, order or decision in respect of which the case has been stated; and © where the judgment, order or decision in respect of which the case has been stated was itself given or made on appeal, a copy of the judgment, order or decision appealed from . Practice Direction (52E) then states that "the appellant must serve the appellant’s notice and accompanying documents on all respondents within 4 days after they are filed or lodged at the appeal court". However, form N161 leads you to believe these should be submitted to the appeal court. The decision against which the appeal is being made relates to a council tax liability order (Magistrates' court). I don't know how it's going to be possible to lodge one of those, I don't think they generally exist, and almost certainly not sealed by the court. The other worrying thing is why the Civil Procedure Rules don't mention lodging grounds of appeal, skeleton argument etc. in the Practice Direction to state a case. On a final point, form N161 under section 11 (A bundle of documents for the appeal hearing containing copies of all the papers listed below), it lists among others; a sealed copy (stamped by the court) of your appellant’s notice; This cannot refer to the appellant's notice that the appeal court has yet to received can it?
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