Order 86B^[1] - Cases Stated to the Court of Appeal

Application of this Order

1. This Order applies to:

(a) a case stated by the High Court under the provisions of section 38 of the Courts of Justice Act 1936, and

(b) a case stated by a Circuit Court Judge under the provisions of section 16 of the Courts of Justice Act 1947.

Transmission of case stated

2. (1) In the case of a case stated by the High Court on Circuit, or by a Circuit Court Judge, the County Registrar, and in the case of a case stated by the High Court sitting in Dublin, the Registrar of such court, as soon as the case stated has been signed and lodged with the County Registrar or Registrar, as the case may be, shall indorse on the case stated:

(i) the date of lodgment,

(ii) the name of the party or parties who applied for the case to be stated,

(iii) the name of the party who is to have carriage of the case stated, and

(iv) the names and addresses of the solicitors (if any) for the parties.

(2) The County Registrar or Registrar, as the case may be, within seven days of lodgment of the case stated, shall serve notice of the signing and lodgment of the case stated by registered post on every party who appeared on the hearing of the appeal or matter in respect of which the case is stated and shall transmit the original of the case stated to the Registrar.

(3) The Registrar shall enter the case stated before the Court of Appeal for directions.

(4) 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.

(5) As soon as the necessary papers are in order and ready, the Registrar may set down the case stated for hearing and the case stated will be heard according to its order in the list unless the Court of Appeal otherwise directs.

(6) After service of notice of signing and lodgment of a case stated, any interested party may obtain, on application to the Registrar, one or more copies of the case stated on payment of the prescribed fee.

(7) The party having carriage of the case stated, shall within 28 days after the service of notice of signing and lodgment of the case stated, lodge with the Registrar the requisite number of copies of the case stated, and of the documents (if any) referred to in the case stated.

Application to other cases stated under statute

3. The provisions of rule 2 apply, with any necessary modifications, to every case stated for the opinion of the Court of Appeal pursuant to the provisions of any statute for the time being in force and for which no other procedure is laid down in these Rules.

Case stated under Article 40.4.3° of the Constitution

4. (1) In the case of a case stated under Article 40.4.3° 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.

(2) 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.

(3) 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.

(4) The Registrar shall enter the case stated before the Court of Appeal for directions.

(5) 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.

(6) 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.

(7) 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.

(8) 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.