Simon Brown LJ said that if there was an arguable case for acceding to an application for a case to be stated, then the application was not frivolous.
Simon Brown LJ
 EWHC Admin 114,  COD 81
Cited – Regina v Mildenhall Magistrates’ Court, Ex Parte Forest Heath District Council; Regina v North West Suffolk (Mildenhall) Magistrates’ Court ex parte Forest Heath District Council CA 16-Apr-1997
The Magistrates appealed against an order of mandamus requiring a case to be stated after rejecting the request by the authority as frivolous. The authority had sought to prevent the emission of noise from land used for a Motocross racing track.
Lists of cited by and citing cases may be incomplete.
Updated: 25 May 2022; Ref: scu.136662