Case Stated in United Kingdom

Definition of Case Stated

In accordance with the work A Dictionary of Law, this is a description of Case Stated : A written statement of the facts found by a magistrates’ court or tribunal (or by the Crown Court in respect of an appeal from a magistrates’ court) submitted for the opinion of the High Court (Queen’s Bench Divisional Court) on any question of law or jurisdiction involved. Any person who was a party to the proceedings or is aggrieved by the decision can request the court or tribunal to state a case; if it wrongly refuses, it can be compelled to do so by a *mandatory order.

Meaning of Case Stated

The following is an old definition of Case Stated [1]: When the parties submit to the court a written statement of the facts in the case as they agree upon them, to obtain a decision upon the question of law arising out of the facts. Also called a ” case agreed upon,” or “case made.” A case stated is a substitute for a special verdict, see, in this resource, the term If a question of mere law arises in the course of a cause iif chancery, it is referred, for an opinion, to the king’s bench or the common pleas, upon a case stated for that purpose, wherein all the material facts are admitted, and the point of law is submitted to their decision.

Resources

Notes and References

1. Concept of Case Stated provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)