Appeal to the Court of Appeal Civil Division

Cases dealt with by the Court of Appeal court

TheYou Courtmay ofbe Appealable dealsto withappeal appealsa againstcounty decisionscourt madeor byHigh the: 

• countyCourt court 
• familydecision court 
• Highto Court 
• Upperthe Tribunal 
• EmploymentCourt Appealof Tribunal 
• Competition Appeal Tribunal

FindCivil out more about:Division.

• appealing

  The againstcourt aalso courthandles decisionappeals inagainst civildecisions andby familythe cases

• howUpper toTribunal, appealEmployment toAppeal theTribunal Courtand ofCompetition Appeal

Get legal advice 

Tribunal.

You maynormally needhave legalto adviceask tothe appeal. 

Youjudge’s can findpermission abefore solicitor.

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www.lawcentres.org.uk

Citizens

Get Advice

legal advice

AYou charitymay andneed networklegal ofhelp localto charities,appeal offeringto free, confidential advice online, over the phone, and in person.court.

www.citizensadvice.org.uk

Find out more about where to to get help if you dodon’t not have legala representationlawyer..

AskCheck foryou permissionhave toa appealgood case

InYou mostusually cases,only youget mustone applychance for permission to appealappeal, beforeand youin canalmost makeall ancases appeal.  

Youyou domust notask needfor tothe havejudge’s permission to appeal ifagainst you’retheir appealing a: decision.

• committal order 
• refusal of habeas corpus, which gives prisoners the right to challenge their imprisonment
• secure accommodation order 

The judge will only grantlet you permission to appeal if either: 

• you have a real chance of success 
• success or there’s another very strong reason why the appeal should be heard 

heard.

You must explain why the decision was wrong or unfair,unfair – for exampleinstance there was a serious mistake,mistake or the court diddidn’t not follow the right steps.

WhereCheck toyou’re apply for permission to appeal

If your case was first heard in the Upper Tribunal, you must ask the Upper Tribunal for permission. 

If your case was first heard in a county court, family court, High Court or Employment Appeal Tribunal, you can apply directly to the Court of Appeal for permission.

Time limits for appealingtime

TheYou time limits for appealing depend on the type of appeal. You usually have:

• have 21 days to appeal against a county court, family court or High Court decision
• decision, or 28 days if it’s an Upper Tribunal decision

decision. In some cases,cases there’sthere is a 7 day time limit for appealing. appealing.

YouFind can find out more about the different time limits for appealingappealing..

WhereCheck where you need to appeal

YouCheck must make sure that the court is the right place for your appeal, as you may need to appeal to another judge or court first.

For example, in a small claims case you might have to appeal to a circuitHigh Court judge before you can go to the Court of Appeal. Appeal.

If you’re unsureunsure, youcheck can check: 

• on the decision notice 
• notice, with the lower court or tribunal 
• the tribunal, in the guide to routes of appeal 
• which court or tribunalthe toroutes of appeal totool 

. If you file your appeal in the wrong court, you may notbe haveout enoughof time towhen refileyou re-file the appeal in the correct court.

ApplyAsk for permission to appeal

You also need to ask for permission before you can make an appeal.

If your case was heard in the Upper Tribunal then you must go back to it to ask for permission.

If your case was first heard in a county court or High Court, you don’t have to ask that court for permission. However, if you decide to ask the Court of Appeal Civil Division for permission and are turned down, you can’t then go back to the lower court or tribunal and ask for permission.

Go to the Court of Appeal after a lower court or tribunal gives permission

YouIf mustthe lower court or tribunal gives you permission to appeal, you’ll need to send thea followingnumber of documents to the Court of Appeal:Appeal.

These documents will vary according to the type of appeal but may include:

• an appellant’s‘appellant’s notice:notice’: form N161 – details of your appeals appeal
• grounds‘grounds of appealappeal’: – your reasons for appealing appealing
• a‘skeleton skeletonargument’: argument – an outline of your arguments arguments
• a sealed copy of the decision you’reyou appealing wish to appeal

FindSend out3 morecopies about howof the form and grounds of appeal to filethe yourCourt of Appeal, and extra copies for each of the respondents.

If the court gives you permission to continue, you will then need to send a ‘core bundle’ containing all of the most relevant documents. so that a court may easily understand the case.

Court

Refer fees

to the guidance notes and guide to preparing an appeal bundle for more details.

You mustwill have to pay a £1,421 court fee tofor the appeal.

Go directly to the Court of Appeal

If the lower court or tribunal does not give you willpermission haveto appeal or you decide to paygo £626.straight to the Court of Appeal, you’ll need to fill in the relevant form and provide the documents referred to in the relevant appeal pack.

IfSend you3 gocopies of the form and grounds of appeal to the Court of AppealAppeal, afterand extra copies for each of the respondents.

You’ll then have to send a lower‘core bundle’ containing all of the most relevant documents so that a court ormay tribunaleasily givesunderstand permissionthe youcase within 14 days.

Refer to the guidance notes and guide to preparing an appeal bundle for more details.

You will have to pay £1,421.a £626 court fee to apply.

Contact the court

Civil Appeals Office Registry

Map and tribunaldirections

Monday feesto Friday, 10am to 4:30pm
Telephone: 020 7947 7121
Text phone: 18001 020 7947 7121

Email: civilappeals.registry@justice.gov.uk.

SettleSettling out of court

In some cases,cases the court may: 

• may refer your case for mediation to reach an agreement with the other side 
• side, or may ask that you to think about using mediation 

mediation. The Court of Appeal mediationMediation schemeScheme is currently run by the Centre for Effective Dispute Resolution. You can find out more about the Court of Appeal mediation schemeResolution.

How your appeal will be handled

The court will write to you about the next steps.

It will let you know: know:

• what you need to do next next
• roughly when your appeal will take place place

YouYou’ll mustneed have the court’s permission if you want to present any new evidence. evidence.

The court’s decision 

decision

Your case will be decided by 2 or 3 judgesjudges, who will usually be lordLord or ladyLady justices. Justices.

The judges may decide they agree with all or part of your appeal.appeal, However,but they can also dismiss it or order a retrial.

Legal costs

In most cases the losing side will have to pay the other side’s costs, such as their legal fees. fees.

The court may not award you costs if you acted unreasonably during the appeal – for exampleinstance if you refused to consider mediation without a good reason.

If you lose your appeal

IfThe youcourt’s losedecision youris appealusually youfinal.

Speak can appeal to theyour Supremelegal Court.adviser Ifif you decidewant to appeal the decision, you must speak to athe legalSupreme adviser.Court.

Court rules

You canwill read have to read and follow the detailed legal rules for using the court:

• Part 52 of the Civil Procedure Rules. 

TheAnd practice direction that is most relevant to the CourtPractice ofDirections:

• 52A: Appealgeneral is provisions
• 52C: appeals to the Court of Appeal. 

  You can also read practice directions 52A: general provisions and 

• 52D: statutory appeals and appeals subject to special provision.

Daily court list

Find details of the the court’s daily hearingshearings..

Previous decisions

You can can read the court’s decisions on previous cases on the BAILII website..