Appeal to the High Court by way of case stated Flashcards
(4 cards)
1
Q
What is the specific purpose of an appeal by way of case stated from the Magistrates’ Court to the High Court?
A
To resolve a point of law, not to reassess facts.
2
Q
When can you not use an appeal by way of case stated?
A
When the appeal involves a factual dispute rather than a legal issue.
3
Q
After the High Court answers the legal question in a case stated appeal, what happens next
A
The Magistrates’ Court applies the High Court’s interpretation to the case.
4
Q
What is the key limitation of the appeal by way of case stated route?
A
It cannot be used to challenge the Magistrates’ factual findings — only legal interpretations.
