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Stating a case to the High Court

  • 05-12-2007 12:01am
    #1
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,552 Mod ✭✭✭✭


    How do you state a case from the District Court to the High Court?


Comments

  • #2
    Rhonda9000
    Closed Accounts Posts: 451 ✭✭Rhonda9000


    A District judge may state a case to the HC on a question of law before or after the determination of proceedings in the District Court; Courts (Supplemental Provisions) Act 1961 ss. 51 - 52. The judge cannot refuse to state the case where the application is made to him by or under the direction of a Minister, the DPP or the Rev Comm. Only ground for refusal in other cases is where he / she feels the application is frivolous.


  • #3
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Under the current rules from District Court:

    Appeal by case stated, with leave, to the High Court.

    Consultitative case stated, with leave, to the High Court.

    To CCT: De Novo.


  • #4
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Appeals from Circuit:

    De Novo, High Court.

    Case stated, with leave, Supreme Court.

    Appeals from High Court:

    Right of appeal automatic, unless excuded by law.


  • #5
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    The District Court judge can, of his own motion during proceedings state a case to the High Court for a direction on the law applicable in the case. This is known as the consultative case stated.
    After the case any of the parties in the case can request a case stated. The District Court judge cannot refuse such a request from the DPP. He can refuse a request from any other party if he deems it to be frivolous.
    There is no leave stage involved. The case will be heard in full when it comes on in the High Court.


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