Appeal to the Court of Appeal Civil Division

Cases dealt with by the Court of Appeal 

The Court of Appeal deals with appeals against decisions made by the: 

• county court 
• family court 
• High Court 
• Upper Tribunal 
• Employment Appeal Tribunal 
• Competition Appeal Tribunal

Find out more about:

• appealing against a court decision in civil and family cases
• how to appeal to the Court of Appeal

Get legal advice 

You may need legal advice to appeal. 

You can find a solicitor.

You can also get free legal advice from a law centre or Citizens Advice:

Law Centre Networks

A membership body for law centres. Their network’s webpage provides details of how to contact local law centres. Local law centres provide free face-to-face advice for local people who cannot afford to pay for a lawyer. Some of them also provide telephone advice.

www.lawcentres.org.uk

Citizens Advice

A charity and network of local charities, offering free, confidential advice online, over the phone, and in person.

www.citizensadvice.org.uk

Find out more about where to get help if you do not have legal representation.

Ask for permission to appeal

In most cases, you must apply for permission to appeal before you can make an appeal.  

You do not need to have permission to appeal if you’re appealing a: 

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

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

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

You must explain why the decision was wrong or unfair, for example there was a serious mistake, or the court did not follow the right steps.

Where to 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 appealing

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

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

In some cases, there’s a 7 day time limit for appealing. 

You can find out more about the different time limits for appealing.

Where to appeal

You 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 circuit judge before you can go to the Court of Appeal. 

If you’re unsure you can check: 

• on the decision notice 
• with the lower court or tribunal 
• the routes of appeal 
• which court or tribunal to appeal to 

If you file your appeal in the wrong court, you may not have enough time to refile the appeal in the correct court.

Apply to the Court of Appeal

You must send the following documents to the Court of Appeal:

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

Find out more about how to file your documents.

Court fees

You must pay a court fee to appeal.

If you appeal directly to the Court of Appeal you will have to pay £646.£663.

If you go to the Court of Appeal after a lower court or tribunal gives permission you will have to pay £1,466.£1,504.

You may be able to get help paying court and tribunal fees.

Settle out of court

In some cases, the court may: 

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

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

How your appeal will be handled

The court will write to you about the next steps. It will let you know: 

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

You must have the court’s permission if you want to present new evidence. 

The court’s decision 

Your case will be decided by 2 or 3 judges who will usually be lord or lady justices. 

The judges may agree with all or part of your appeal. However, 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. 

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

If you lose your appeal

If you lose your appeal you can appeal to the Supreme Court. If you decide to appeal the decision, you must speak to a legal adviser.

Court rules

You can read Part 52 of the Civil Procedure Rules. 

The practice direction that is most relevant to the Court of Appeal is 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 court’s daily hearings.

Previous decisions

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