Appeals are expensive, stressful, and risky. Most appeals fail. The appellate court will not re-hear your case - they only review whether the judge made a legal error. Be certain you have solid grounds before committing your client to an appeal.
An appeal is a request to a higher court to review the decision of a lower court. Importantly, appeals are not re-hearings. The appellate court does not retry the case or hear new evidence. They review what happened in the lower court to see if something went wrong legally.
Most appeals require permission. This is a filter that prevents weak or hopeless appeals from wasting court time. You need to convince a judge that your appeal has a real prospect of success. Without permission, your appeal cannot proceed.
Appeals have strict deadlines - typically 21 days from judgment. Missing the deadline is usually fatal. Extensions are rarely granted. If your client wants to appeal, act immediately.
Permission to appeal is required for most appeals to the Court of Appeal, High Court, and County Court. There are limited exceptions - for example, some appeals from the Magistrates' Court do not need permission. But as a general rule: no permission, no appeal.
Except where any enactment or any rule provides otherwise, an appeal will require permission.
Permission is required for appeals against final decisions. For interim decisions (case management orders, etc.), you generally need permission from the judge who made the order before appealing. This prevents parties appealing every minor procedural ruling.
You can apply for permission either to the lower court that made the decision, or directly to the appellate court. Applying to the lower court is usually quicker and cheaper. If they refuse, you can renew your application to the appellate court.
The most efficient time to seek permission is at the hearing where the decision is made. "My Lord/Lady, I apply for permission to appeal on grounds X, Y, and Z." The judge who just heard the case is well-placed to assess whether there is an arguable point.
If you did not apply at the hearing, you must file an appellant's notice (Form APP in the Court of Appeal). This sets out your grounds of appeal and why you should have permission. The notice must be filed within 21 days of the decision you are appealing.
An appellant's notice must be filed within 21 days of the decision of the lower court that is being appealed.
To get permission, you must show that your appeal has a real prospect of success, or there is some other compelling reason for the appeal to be heard. "Real prospect" means more than merely arguable - it must have a realistic chance of success.
Keep your grounds focused and clear. Identify specific legal errors, not general disagreements with the outcome. Each ground should state what the error was, why it matters, and what the correct outcome should have been.
If the lower court refuses permission, or if the appellate court refuses on paper, you can "renew" your application at an oral hearing. This gives you a chance to persuade a judge in person that your appeal should proceed.
At a renewal hearing, you will have a short time (often 15-30 minutes) to persuade the judge that your appeal has a real prospect of success. The judge will have read your papers. This is your chance to emphasise the strongest points and address any weaknesses.
Some applications are decided on the papers without a hearing. If refused on the papers, you can request an oral hearing to renew your application. Oral renewals have a higher success rate because you can engage with the judge's concerns directly.
Do not assume a renewal will succeed just because you get to speak to a judge. Most refused applications remain refused after renewal. Only proceed if you genuinely believe there has been a legal error.
Appeals go up the court hierarchy. You cannot "shop around" for a favourable court. The destination of your appeal depends on which court made the decision you are appealing. There is a set route for each type of appeal.
| From | To |
|---|---|
| District Judge (County Court) | Circuit Judge |
| Circuit Judge (County Court) | High Court |
| Master/Registrar (High Court) | High Court Judge |
| High Court Judge | Court of Appeal (Civil Division) |
| County Court Judge (circuit judge) | High Court |
| Court of Appeal | Supreme Court |
| Upper Tribunal | Court of Appeal |
The Supreme Court is the highest court in the UK. Appeals from the Court of Appeal to the Supreme Court require permission from either the Court of Appeal or the Supreme Court. The Supreme Court only hears cases of general public importance.
As a general rule, you cannot appeal twice without permission. If you have already had one appeal, you need permission to appeal again. This prevents cases from bouncing endlessly through the court system.
The most common ground of appeal is error of law. This means the judge applied the wrong legal test, misinterpreted the law, or failed to follow a binding precedent. If the judge got the law wrong, the appellate court can correct it.
Appeal courts are very reluctant to interfere with findings of fact. The trial judge saw the witnesses, heard their testimony, and is in the best position to assess credibility. You can only appeal a finding of fact in limited circumstances.
One way to challenge a finding of fact is to show there was no evidence to support it. This is not about whether the judge believed the right witness - it is about whether there was any evidence at all that could justify the finding.
A finding can be appealed as "perverse" if no reasonable judge could have reached that conclusion on the evidence. This is an extremely high hurdle. It applies to findings that are against the weight of all the evidence.
Appeals can be based on procedural unfairness. This includes denial of a fair hearing, failure to follow proper procedure, or the judge not giving proper reasons for the decision. Procedural justice matters as much as substantive justice.
Many appeals involve mixed questions of law and fact. The appellate court can review legal conclusions even when they depend on factual findings. The key is identifying whether the error is legal or factual.
The appellant's notice is your appeal document. It must identify the decision you are appealing, state the grounds of appeal, and what order you are seeking. The notice must be filed and served on all respondents. Get this right - defects can lead to the appeal being struck out.
The appellant's notice must specify the decision appealed from, the grounds of appeal, and the relief sought.
The respondent can file a respondent's notice supporting or opposing the appeal. Importantly, the respondent can also cross-appeal - arguing that even if they lose on the appellant's grounds, they should win on other grounds.
A cross-appeal allows the respondent to challenge aspects of the decision they lost on, while still opposing the main appeal. If you are responding to an appeal but also want to change part of the decision in your favour, consider a cross-appeal.
The appeal bundle contains everything the appellate court needs: the pleadings, key documents from trial, the judgment, and any orders. Pagination must be continuous and accurate. Judges do not appreciate bundles that are difficult to navigate.
For most appeals, you will need a transcript of the judgment and any critical exchanges from the trial hearing. Transcripts are expensive but essential. Identify the specific passages you need rather than ordering the entire trial.
A skeleton argument is your written roadmap for the appeal hearing. It sets out your key points, the legal authorities, and what you will say in oral submissions. Keep it concise and focused. Appellate judges value brevity and clarity.
Prepare your appeal bundle carefully. Use a clear index, separate sections for different documents, and ensure pagination is correct. The judge will be reading it for the first time - make it easy for them. A messy bundle undermines your credibility.
The appellate court has wide powers to make whatever order is appropriate. It is not limited to simply agreeing or disagreeing with the lower court. The court can do whatever is necessary to achieve justice.
On an appeal, the court may affirm, set aside, or vary any order or judgment made or given by the lower court, make any order the lower court could have made, or remit the case to the lower court.
The court may affirm the lower court decision, meaning the appeal is dismissed and the original judgment stands. This is the most common outcome. The appellate court may give reasons for agreeing, which can provide useful guidance.
The court may vary the decision - for example, changing the damages awarded or modifying an injunction. This acknowledges that the lower court was right on the main issue but got something specific wrong.
The court may set aside the decision entirely, cancelling it as if it never existed. This usually happens when there was a fundamental error. The court may then substitute its own decision or order a retrial.
Sometimes the appellate court sends the case back to the lower court for reconsideration. This happens when the appellate court cannot fairly make the necessary findings itself - for example, where factual issues need to be re-examined.
In rare cases, the appellate court may order a completely new trial. This is an extreme step, usually reserved for serious procedural unfairness or where the original trial was fundamentally defective.
The appellate court can substitute its own findings for those of the lower court. This is common on questions of law. For example, if the judge applied the wrong legal test, the appeal court can apply the correct test and reach its own conclusion.
Appeals from District Judges in the County Court go to Circuit Judges. These are typically heard in the County Court where the original decision was made, or sometimes in the High Court. Permission is required.
Appeals from Circuit Judges go to High Court judges. These appeals are on points of law or serious procedural irregularity. The High Court judge will review the record and hear submissions from both sides.
Masters and Registrars are judicial officers in the High Court who handle many interim applications. Appeals from their decisions usually go to a High Court judge. The procedure is similar to other appeals.
Before advising a client on appeal, check the correct route. Appeals from different courts follow different procedures and go to different places. Getting this wrong can mean your appeal is invalid from the start.
Appeal hearings are different from trials. There are no witnesses, no cross-examination, and no new evidence. The judges have read the papers in advance. Your job is to highlight key points and answer their questions.
Appeal hearings are time-limited. You might have an hour or half-day to make your case. Every minute counts. Practice your submissions and focus on your strongest points. Do not waste time on background the judges already know.
Some appeals are heard by a single judge, others by a panel of two or three. Court of Appeal appeals are usually heard by two or three Lord Justices. More serious or important cases may have a larger panel.
After hearing submissions, the court may "reserve" judgment - meaning they will take time to consider and deliver the decision later. Reserved judgments can take weeks or months. The judgment will be handed down in open court or sent to the parties.
The general rule is that the loser pays the winner's costs on appeal, just like at first instance. But appellate courts have discretion. If an appeal is hopeless, costs sanctions can be severe. Think carefully about whether the appeal is worth the risk.
Not every adverse judgment should be appealed. Consider: the strength of your grounds, the cost of appealing, the amount at stake, and whether a win would actually change anything meaningful. Sometimes it is better to accept defeat and move on.
Appeals can be settled just like any other dispute. Sometimes the other side will offer a compromise rather than face the cost and risk of appeal. Consider settlement discussions even after judgment.
Part 36 offers can be made in the context of appeals. A respondent might offer to settle the appeal on favourable terms to avoid the risk of losing. If the appellant rejects and then loses, they may face indemnity costs.
If you want to appeal, consider whether you need a stay of execution - pausing enforcement of the judgment while the appeal is pending. Without a stay, the other side can enforce the judgment even while you are appealing.
If you are appealing and might have to pay costs, the respondent may ask for security for costs. This means you have to put money aside as security for their costs if you lose. This can be a significant barrier to appealing.
Most appeals fail. The appellate court presumes the trial judge got it right. To succeed, you need to identify a clear legal error and persuade senior judges that the decision cannot stand. Be realistic with your client about the prospects of success.
This cannot be emphasised enough: you have 21 days to file your appellant's notice. Not 22, not 25. 21 days. Courts rarely extend this deadline. If your client wants to appeal, start preparing immediately. Miss the deadline and the appeal rights are lost.