Rule 5 Stating of case

The judge may state a case on the application of any party.

An application for a case stated shall be made in the manner and within the time provided by the relevant statute, and if not so provided, then such an application shall be made in writing by delivering it to the chief clerk within a period of [^f1 twenty-one days] commencing on the date on which the decision was given and a copy shall be given to the other party.

The written application shall set out the precise point of law involved in the decision with which the applicant is dissatisfied.

Subject to any directions of [^f2 the judge] in special circumstances, a case stated shall be prepared by the party applying for it and shall be submitted in draft form to the other party or parties for approval within one month from the day on which [ the judge] directs the case to be stated.

The party to whom the draft case is submitted shall within three weeks from the day on which it is submitted to him return it with his observations thereon to the party who prepared it.

Every case stated shall be divided into paragraphs numbered consecutively and shall concisely state such facts and refer to such documents as may be necessary to enable the Court of Appeal to decide any question raised thereby.