Proceedings to challenge a Crown Court’s decision may be brought: ‘either by case stated or by judicial review, whichever is the most convenient in the circumstances.’ Donaldson LJ said that in the circumstances of the case: ‘it is much more convenient that it should be brought by case stated because then we can get at the facts.’
McNeill J observed: ‘In a case such as this which bristles with factual difficulties the only convenient and proper way to get it before the Divisional Court is by case stated and not by way of application for judicial review.’
Judges:
Donaldson LJ, McNeill J
Citations:
[1981] 1 All ER 596
Cited by:
Cited – Sunworld Limited v Hammersmith and Fulham London Borough Council QBD 2000
The company faced a prosecution under the 1968 Act, in respect of a brochure. On conviction, the company asked the Crown Court to state a case for the Divisional Court. The Recorder refused as to two points, saying that they were decisions of fact . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 04 May 2022; Ref: scu.443297