DC Case Stated
Case Stated on a Point of Law
The case stated procedure allows for a reference from the District Court to the High Court on a point of law. There are two types of case stated. One is an appeal by way of case stated brought from a District Court decision on a point of law. A second type of case stated arises before the conclusion of pleadings. It allows a District Judge to refer a question of law to the High Court, known as a consultative case stated.
A case stated does not involve questions of fact. Issues of fact only arise when there is no supporting evidence.
The High Court defers to the lower court in determining facts, but mixed questions of law and fact may be referred through a case stated. The sufficiency of evidence can also be a point of law.
A case stated can address questions of law, the admissibility of evidence, or procedural issues, but constitutional matters cannot be raised through this process.
The High Court will not overturn findings of primary facts unless there is no evidence to support them. It also generally avoids interfering with inferences drawn from facts unless they are unreasonable. However, when it comes to document interpretation, the court is more willing to intervene as it can equally assess the documents’ meaning.
Commencement Procedure
The case stated must follow a form and manner prescribed by relevant rules and is subject to certain conditions.
A post-determination case stated must be filed within 14 days after the District Court’s decision. Any party involved in the original proceedings is entitled to request a case stated.
The party requesting the case must apply for the judge to state the facts and the grounds for the determination, and the case is then submitted to the High Court for an opinion.
An appeal by case stated can be made against either an acquittal or a conviction, and it can also raise questions about the jurisdiction of the District Court.
Refusal
If a judge believes that the request for a case stated is frivolous, they may refuse the request. However, upon the applicant’s request, the judge must provide a certificate explaining the refusal. A judge cannot refuse a case stated requested by a government department, the Attorney General, or the Revenue Commissioners.
A District Judge is not obligated to state a case unless a difficult point of law is involved. If the legal point is well-established, they may refuse to refer the matter. While higher courts can review the decision to refuse a case stated, they are unlikely to interfere unless the refusal was baseless.
If a request for a case stated is refused, the applicant may apply to the High Court, on affidavit, to require the District Judge or respondent to show cause why a case cannot be stated. The High Court may then order that the case be stated.
Referral & Transmission
Once a request for a case stated has been made, a notice must be lodged, a recognisance must be entered, and the notice must be served on all parties involved in the proceedings. If the case is pursued, the District Judge may adjourn the proceedings pending the outcome. The requirement to enter recognisances does not apply to most public bodies.
When a judge agrees to state a case after determining the matter, they must prepare and sign the case within six days of the application. The judge may adjourn the proceedings as needed during this period. If there are disputes about the facts, the judge will make the final determination.
The High Court may order the judge to prepare and sign the case if the case stated process is delayed. If a party fails to prosecute the case diligently and undue delay arises, the High Court may refuse to hear the case.
Once the applicant has received the case, they must transmit it to the High Court within three days or within a longer period if allowed. A notice of appeal and a copy of the case must be provided to the other party in the proceedings.
Every case stated must be transmitted to the Central Office of the courts within three days of receiving it. Either the person or tribunal stating the case or any party involved may transmit it. The Central Office will list the case for hearing. After transmission, the transmitting party must notify all other parties of the hearing.
Any party involved is entitled to obtain copies of the case stated and related documents upon application and payment of a prescribed fee.
The court may extend the three-day period for lodging the case stated, but the requirements set out in the 1857 legislation must be strictly followed, and failure to comply may invalidate the process.
High Court Determination
The High Court will hear and determine the matter based on the legal questions raised. It may reverse, affirm, or amend the original determination, or remit the matter back to the District Court for further action based on its opinion. It may also make additional orders, including orders regarding costs.
If necessary, the High Court can return the case for amendment and give judgment after the amendment.
Findings of primary facts by the lower court will not be disturbed unless unsupported by evidence. Mixed questions of fact and law are typically subject to appeal if the judge adopted an incorrect view of the law. However, if a judge’s conclusions are reasonable, they will not be overturned even if the appellate court disagrees with them.
A judge is not entitled to be heard during the case stated process. Proceedings from the District Court may be referenced and relied upon even if not explicitly included in the case stated.
Once the High Court has delivered its decision, the solicitor representing the applicant must re-enter the matter in the District Court, and court officers will notify the parties of the next hearing date.
During Proceedings
The separate jurisdiction to state a case during proceedings is based on the Court Supplemental Provisions Act. A Justice must, if requested by a party in non-indictable proceedings, state a case for the High Court unless the request is deemed frivolous.
The Justice may also refer questions of law to the High Court of their own accord. A similar provision exists for cases stated from the Circuit Court to the Supreme Court.
The judge should hear the relevant evidence, decide the point of law, and then ask the necessary questions to clarify the legal issue. After receiving the High Court’s answers, the judge can resolve the matter.
Procedure CS During Case
The procedure under the 1961 Act does not interfere with the right of appeal to the Circuit Court.
When a question of law is referred to the High Court, the judge must adjourn the District Court proceedings until the High Court’s decision is rendered.
The judge may require a party to enter recognisances or, alternatively, to lodge a sum with the court clerk, which will be retained until the proceedings are concluded.
Where a party is in custody, the judge may release them on recognisance or commit them to prison, depending on the circumstances.
When a judge refers a question of law without a request, the court clerk must give notice in the prescribed form to the parties and transmit the case to the High Court.