Appeals from the magistrates’ court
Rights of appeal from the magistrates’ court on a point of law lie to the High Court under section 111 of the Magistrates’ Courts Act 1980 (known as ‘case stated’ appeals) and also to the High Court by judicial review.1CPR 54 Seek legal advice before attempting such an appeal and, if you appeal, notify the supplier that you are doing so. Any application by ‘case stated’ must be commenced within 21 days of the decision of the magistrates’ court. In an appeal by judicial review, this must be commenced as soon as possible, and in all cases within three months of the decision. An application may be made to obtain a quashing order to cancel out the warrant where it should not have been made in law, where there was procedural unfairness or the decision to issue the warrant was unreasonable in law.
Judicial review is a two-stage process, first requiring an application for leave. An injunction may be sought at the leave stage to prevent the enforcement of the warrant or, if a warrant has been granted, it may be set aside by the High Court.2See R (on the application of MS Superstore Ltd) v Luton and South Bedfordshire Court [2013] EWHC 551 (Admin), CO/1046/2011 It is always best to seek legal advice before attempting such an appeal or application. However, there is no automatic right to apply to the court for injunctive relief, such as an adjournment or stay of a warrant once issued. See Chapter 14 for more information.