Justices' Clerk for Humber & South

Yorkshire
Doncaster Magistrates Court
PO Box 49
The Law Courts
College Road
Doncaster DN1 3HT


00 Xxxx Xxxxx
Xxxxxxx
North East Lincolnshire
XY00 0XY


22 April 2014

Dear Mrs Watts
Re: North East Lincolnshire Council V .........
Grimsby and Cleethorpes Magistrates' Court - 2 November
2012 Application to State a Case

Thank you for your email of 6 March 2014 in which you stated:
I will have written communication with you either later today or first thing tomorrow
setting out the position with your case and advising you on next steps.
I did not receive the aforementioned communication, neither have subsequent calls to your office
made 19 and 28 March prompted a response. The net result being that the case, for which the
Magistrates owe a legal duty to state for the opinion of the High Court, has not been stated.
As no contact has been made regarding my 13 February 2014 letter to agree recognizance and
every attempt to proceed with the appeal has drawn a blank, it appears the court is refusing to
state the case.
Pursuant to section 111(5) of the MCA 1980, a magistrate can refuse to state a case, but must
consider the application 'frivolous'. The meaning of the term was considered by the Civil Division of
the Court of Appeal in (R v Mildenhall Magistrates' Court, ex p Forest District Council). The then
Lord Chief Justice in considering the meaning of 'frivolous' was of the view that in the context, the
Court should consider the application to be futile, misconceived, hopeless or academic. He went on
to say that such a conclusion was not one to which the justices can properly come simply because
they consider their decision to be right or immune from challenge.
Presuming the application is not considered 'frivolous' (a draft has been produced) there is no
obvious reason why the court has not stated the case as legally required. However, as the court
may only refuse on these grounds then I require a certificate stating that the application has been
refused (section 111(5) MCA 1980) setting out the reasons why, so I may under section 111(6)
seek a second mandatory order from the Administrative Court requiring the case to be stated.
Yours sincerely








From: Watts, Alison
To: 'Xxxxx'
Sent: Thursday, March 06, 2014 10:06 AM
Subject: Case Stated

Good Morning Mr Xxxxx
I am sorry that I have not been available to speak with you when you have called my office.
I understand that it is not possible for me to contact you by telephone and that you would prefer me to
contact you by e mail.
I am due to be in meetings all day today but I will have written communication with you either later today or
first thing tomorrow setting out the position with your case and advising you on next steps.

Yours sincerely

Alison Watts (Mrs)
Justices' Clerk for Humber and South Yorkshire
Doncaster Magistrates' Court
P O Box 49
College Road
Doncaster
DN1 3HT

Tel: 01302 347303
Fax: 01302 327906