Appeal by way of a Case Stated – Appellant's notice (N161)

[outlawla]

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?

Edited September 4, 2013 by outlawla

[Ganymede]

File the fee, the appeal form, grounds of appeal and skeleton argument with the Court and serve a copy on the other side.

 

If you do not have the sealed Order that you are appealing just state that it will follow once drawn up by the Court.

[outlawla]

Thank you.

 

I assume the form (N161) instructs you to lodge copies (for other parties) with the appeal court because in some cases the court distributes the papers. Presumably then, to appeal by way of a case stated. it's the appellant's responsibility to distribute papers.

[Ganymede]

Thank you.

 

I assume the form (N161) instructs you to lodge copies (for other parties) with the appeal court because in some cases the court distributes the papers. Presumably then, to appeal by way of a case stated. it's the appellant's responsibility to distribute papers.

 

 

Are you appealing straight to the Court of Appeal?

[outlawla]

The appeal is being brought before the Queen's Bench Division of the High Court. The Magistrates court has delivered the draft case which has been sent back to finalise after representations have been made. The ball therefore, is back in the court's court, so to speak. I expect to receive the finalised case stated shortly, providing an application is not made by the court for an extension of time.

Edited September 4, 2013 by outlawla

[outlawla]

....The Magistrates court has delivered the draft case which has been sent back to finalise after representations have been made. The ball therefore, is back in the court's court, so to speak. I expect to receive the finalised case stated shortly, providing an application is not made by the court for an extension of time.

 

The Magistrates' court has not delivered the "Case Stated" (should have been served by 10 September 2013). Does the fact that the court has not complied with the Criminal Procedure Rules signify that they may have realised that their decision to grant a liability order was wrong?

 

The Criminal Procedure Rules Part 64 (Appeal to the High Court by Case Stated), states under 64.3....

"

(6) A party who wants to make representations about the content of the draft case, or to propose a revised draft, must—

(a) serve the representations, or revised draft, on—

(i) the court officer, and

 

(ii) each other party; and

 

(b) do so not more than 21 days after service of the draft case.

 

(7) The court must state the case not more than 21 days after the time for service of representations under paragraph (6) has expired.