Whittingham v Nattrass (Practice Note)
| Jurisdiction | England & Wales |
| Year | 1958 |
| Date | 1958 |
| Court | Divisional Court |
Justices - Case stated - Limitation - Extending time for stating or lodging case - No power to extend time by consent - Application to court -
Where it is desired to have a case stated by magistrates or a case lodged in the Crown Office out of time, application to extend the time must be made to the Divisional Court. There is no power to extend the time by consent.
Statement to the contrary effect in the Annual Practice, 1958, vol. I, at p. 1749 disapproved.
CASE STATED by Leicester Justices.
The defendant, Alexander Robert Whittingham, was charged by an information preferred by William Henry Nattrass, on November 28, 1957, with having committed four offences against the
The justices signed the case on May 8, 1958, and it was lodged in the Crown Office by the defendant's solicitors on July 9, 1958. The prosecutor's solicitors consented to the lodging of the case stated out of time by letter dated July 7, 1958. The notice of appeal was dated July 22, 1958, lodged in the Crown Office on the same day, and made returnable on July 30, 1958.
The Divisional Court took the preliminary objection that the case was stated and lodged out of time, so that there had been non-compliance with the Magistrates' Courts Rules, 1952,F2 and R.S.C., Ord. 59, r. 33.F3 It was contended for the defendant that the non-compliance had been remedied by the prosecutor's consent, but that, if it was not, the court should grant the defendant an extension of time. The case is only reported on this preliminary point.
Raphael Tuck for the defendant.
R. C. B. Parnall for the prosecutor.
The following case was cited in argument in addition to the case referred to in the judgment: Moore v. Hewitt.F4
LORD GODDARD C.J. If magistrates do not state a case within the statutory time, that is to say, three months, the court has power to extend...
To continue reading
Request your trial
-
McKinney v Hagans Caravans (Manufacturing) Ltd
...Woolworth & Co Ltd WLR[1980] 1 WLR 1472 Town Investments Ltd v Department of the Environment ELR[1978] AC 359 Whittingham v Nattrass WLR[1958] 1 WLR 1016 Corporation Tax - Capital allowances - Deduction of subsidies, contributions etc. - Grant from International Fund for Ireland set up by T......
-
Aanjaneya Mishra (First Claimant) v Colchester Magistrates' Court Director of Public Prosecutions (Interested Party)
...after the application, but the Divisional Court has power to extend time." — and it cites among other cases Wittingham v Nattrass [1958] 1 WLR 1016. It seems to me that although the court has power to extend the time in respect of the actual stating of the case once the application is made,......
-
Michael v Gowland
... ... Smith, Ex parte (unreported) February 9, 1942 ... Whittingham v. Nattrass (Practice Note) [1918] 1 W.L.R. 1016; [1958] 3 All E.R. 145n., ... ...
-
Recent Judicial Decisions
...of the applicants,the Court will not as a rule extend the time.TheLord Chief Justicemade this pronouncement in Whittingham v. Nattrass (1958, 1W.L.R. 1016),a case in which no application had been made to theCourt to extend the time.Another time factor affecting appeals by way of case stated......