CASE STATED and DECIDED CASE
JOURNAL
My End Notes ~ An Afterthought
In an introduction to an article recently, I used the English legal phrases case stated and decided case. That prompted me to look out my old law books.
The pages are yellowed now, but Osborn’s Concise Law Dictionary Sixth Edition by John Burke (published by Sweet and Maxwell in 1976 and reprinted 1978 but an incredible feeling of excitement and recollection of studying law in Cheltenham and Worcester in the 1980s, even to recalling the beautiful libraries I had access to, the gorgeous inlaid desks, some green, some burgundy, even that slight musty aroma that was not at all offensive.
I hasten to add that Osborn’s is now in its twelfth Edition (2013). Therefore, I quote the law as it was in 1978, merely because I am, yet again, wandering down memory lane.
Case stated
Those are merely light-hearted tasters, because the author’s research and meticulous attention to detail make this book an essential read, and for all of us who live on islands, even out of sight of the sea, this Work will resonate.
“The statement of the relevant facts in a case for the opinion or judgement of another court. After the hearing and decision of a case by justices or magistrates, a party may require a case to be stated for the opinion of the divisional court of the Queen’s Bench Division (Magistrates Court Act 1952, section 87). Sometimes a case stated is referred to as a “special case”; e.g. an arbitrator or umpire may state an award in the form of a special case for the decision of the High Court (Arbitration Act 1950, section 21).
Appeal to the Court of Appeal from the decisions of the Lands Tribunal and other tribunals is by case stated (Order 61). Special cases may be stated in the High Court after proceedings have been commenced (Order 33, r.3).”
Decided Case
When the Ruling is handed down by a superior court a case stated becomes a decided case. It has been fully considered, the Learned Judge has given Her Ladyship’s or His Lordship’s reasoning for their adjudication, and is thus the final judgment. It might of course be appealed, in which case the Supreme Court will consider afresh and decide.
The decided case now officially becomes that part of precedent law. It has become part and parcel an explanation and interpretation of the law of the land as enacted by Parliament and promulgated by His Majesty the King when granting Royal Assent. Assent is not automatic. Rarely exercised, it means that when it does happen, our legal system is following tried and tested rules. The King simply listens to his Privy Counsellors as they lay laws before him for Assent. The King replies in one of two ways. Approved or Denied.
His Privy Council know full well that should His Majesty deny assent, he is merely saying, perhaps it needs a little tweak or two? His concern not being of politicians, but rather the protection of the People.
In this very dangerous age now thrust upon the world of governance by executive order, the English-speaking Peoples stand separate and distinct from what is happening on the other side of the Atlantic Ocean. Our system goes, now, to over a thousand years to 973. That system cannot be easily undone or broken.
I remember, often, being tasked to collect the judgment from the Clerk to Chambers. The Fax Machine had not yet become an essential piece of office equipment. Even if typed, the judgment would be handed to the senior partner’s legal secretary who would then produce a fair copy of the judgment that would then be approved and signed off by the senior partner, so that copies bearing his or her initials could be circulated to the whole legal team in our offices at 105, 107 and 133 Promenade, and an especial copy handed to the librarian. The firm in which I was employed had a very impressive law library, and from which I benefitted greatly.
Sometimes, I’m asked whether I miss those days. Yes, I do. But I’m very aware that notwithstanding IT and AI, I see that the English legal system is moving with the times and also maintaining very important traditions. I speak of the Wig. In Liverpool, many a time have I seen a barrister rushing across the square beyond the Victoria Monument to the Liverpool Crown Court, quickly making up time for the delayed train.
A quick intake of breath, straightening of the robe and gown, files in place, IT at the ready, a very relieved barristers’ staff heaving relief at the sight, a quick exchange of pleasantries between Counsel, then suddenly, the knock and …
ALL RISE
19 April 2025
This wonderful image is by courtesy of Mikhail Pavstyuk @pavstyuk via Unsplash through Squarespace
What wonderful memories
Let us always remember the dictum
”Those who burn books will in the end burn people.”
Heinrich Heine, the 19th Century German Jewish Poet in his play ALMANSOR first performed in 1820-1821.
Ken Webb is a writer and proofreader. His website, kennwebb.com, showcases his work as a writer, blogger and podcaster, resting on his successive careers as a police officer, progressing to a junior lawyer in succession and trusts as a Fellow of the Institute of Legal Executives, a retired officer with the Royal Air Force Volunteer Reserve, and latterly, for three years, the owner and editor of two lifestyle magazines in Liverpool.
He also just handed over a successful two year chairmanship in Gloucestershire with Cheltenham Regency Probus.
Pandemic aside, he spends his time equally between his city, Liverpool, and the county of his birth, Gloucestershire.
In this fast-paced present age, proof-reading is essential. And this skill also occasionally leads to copy-editing writers’ manuscripts for submission to publishers and also student and post graduate dissertations.
