In the case of a case stated under Article 40.4.3\u00b0 of the Constitution, the case shall be signed on behalf of the High Court by the appropriate High Court Registrar, and the High Court may direct which party is to have carriage of the case stated.<\/p>\n
When the case stated is signed, the appropriate High Court Registrar shall serve notice on every party to the proceedings in which the case has been stated, by registered post or, where a party consents, on that party by electronic means, and shall forthwith transmit the case stated to the Registrar.<\/p>\n
Every such party to the proceedings may receive one or more copies of the case stated from the Registrar, on payment of the prescribed fee.<\/p>\n
The Registrar shall enter the case stated before the Court of Appeal for directions.<\/p>\n
The parties shall deliver or exchange and lodge in the Office written submissions on the case stated, in conformity with the requirements of any applicable statutory practice direction, at the time or times prescribed by any applicable statutory practice direction or directed by the Court of Appeal.<\/p>\n
The party having carriage shall lodge with the Registrar as soon as may be, the requisite number of copies of the case stated, and on lodgment of those copies the case will be set down for hearing at such time as the Court of Appeal directs.<\/p>\n
If the Court of Appeal is of opinion that the law, the validity of which has been questioned, is invalid having regard to the provisions of the Constitution, the Court of Appeal shall forthwith order the release of the person detained in accordance with that law.<\/p>\n
If the Court of Appeal is of opinion that the law, the validity of which has been questioned, is not invalid having regard to the provisions of the Constitution, the Court of Appeal shall so answer the question raised for its determination in the case stated, and shall remit the case to the High Court to be dealt with according to law.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
Application of this Order These rules apply to: a case stated by the High Court under the provisions of section 38 of the Courts of Justice Act 1936 , and a case stated by a Circuit Court Judge under the provisions of section 16 of the Courts of Justice Act 1947 . Transmission of case […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[396],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29951"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=29951"}],"version-history":[{"count":2,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29951\/revisions"}],"predecessor-version":[{"id":29953,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29951\/revisions\/29953"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=29951"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=29951"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=29951"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}