A case stated is a legal procedure through which a court or tribunal refers a question of law arising in a case to a higher court for clarification or resolution. This process typically occurs when a lower court is uncertain about the interpretation or application of a point of law relevant to the case before it. The lower court drafts a statement of facts and legal issues, known as a “case stated,” and submits it to the higher court for review and determination. The higher court then considers the legal question presented in the case stated and provides its opinion or decision, which serves as binding guidance for the lower court in adjudicating the case. Case stated procedures are often used to obtain authoritative legal guidance on complex or novel legal issues, promote consistency in the interpretation of law, and ensure fair and just outcomes in legal proceedings.
An appeal in writing, from either a Magistrates’ court or (more typically) the Crown Court, heard by the Divisional Court of the Queen’s Bench Division of the High Court. The lower court must ‘state the case’ for the decision reached, describing both the facts of the case and the legal issues considered. This form of appeal may only be used to challenge a decision made on points of law, not on points of fact or an imposed sentence. These latter issues may be appealed to the Court of Appeal (in the case of the Crown Court) or to the Crown Court (in the case of a Magistrates’ court). An appeal ‘by case stated’ is somewhat unusual in that it may be invoked by the prosecution when the defendant is acquitted. (Ordinarily, it is not possible to appeal against an acquittal.)
See Court system of England.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/case-stated/
- Modern Language Association (MLA):Case Stated. dlssolicitors.com. DLS Solicitors. May 03 2024 https://dlssolicitors.com/define/case-stated/.
- Chicago Manual of Style (CMS):Case Stated. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/case-stated/ (accessed: May 03 2024).
- American Psychological Association (APA):Case Stated. dlssolicitors.com. Retrieved May 03 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/case-stated/