Appeal to the Court of Appeal Civil Division
How to appeal a county court, High Court or tribunal decision to the Court of Appeal.
Applies to England and Wales
Cases dealt with by the Court of Appeal听
The Court of Appeal deals with appeals against decisions made by the:听
- county court听
- family court听
- High Court听
- Upper Tribunal听
- Employment Appeal Tribunal听
- Competition Appeal Tribunal
Find out more about:
Get legal advice听
You may need legal advice to appeal.听
You c补苍鈥�.
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鈥檚 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.
Citizens Advice
A charity and network of local charities, offering free, confidential advice online, over the phone, and in person.
Monday to Friday, 9am to 5pm
Closed on bank holidays
Telephone: 0800 144 8848 (England), 0800 702 2020 (Wales)
Monday to Friday, 9am to 5pm
Find out more about where to鈥�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.听听
You do not need to have permission to appeal if you鈥檙e appealing a:听
- committal order听
- refusal of habeas corpus, which gives prisoners the right to challenge their imprisonment
- secure accommodation order听
The judge will only grant you permission to appeal if either:听
- you have a real chance of success听
- there鈥檚 another very strong reason why the appeal should be heard听
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.听
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.听You usually have:
- 21 days to appeal against a county court, family court or High Court decision
- 28 days if it鈥檚 an Upper Tribunal decision
In some cases, there鈥檚 a 7 day time limit for appealing.听
You c补苍鈥�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.听
If you鈥檙e unsure you can check:听
- on the decision notice听
- with the lower court or tribunal听
- 迟丑别鈥�routes of appeal听
- which court or tribunal to appeal to听
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:
- 补苍鈥�appellant鈥檚 notice: form N161鈥� details of your appeals听
- grounds of appeal 鈥� your reasons for appealing听
- a skeleton argument 鈥� an outline of your arguments听
- a sealed copy of the decision you鈥檙e appealing听
Find out more about鈥�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 拢626.
If you go to the Court of Appeal after a lower court or tribunal gives permission you will have to pay 拢1,421.
You may be able to get help paying court and tribunal fees.
Settle out of court
In some cases, the court may:听
- refer your case for mediation to reach an agreement with the other side听
- ask you to think about using mediation听
The Court of Appeal mediation scheme is run by the Centre for Effective Dispute Resolution. You c补苍鈥�.
How your appeal will be handled
The court will write to you about the next steps. It will let you know:听
- what you need to do next听
- roughly when your appeal will take place听
You must have the court鈥檚 permission if you want to present new evidence.听
The court鈥檚 decision听
Your case will be decided by 2 or 3 judges who will usually be lord or lady justices.听
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鈥檚 costs, such as their legal fees.听
The court may not award you costs if you acted unreasonably during the appeal 鈥� for example if you refused to consider mediation without good reason.
If you lose your appeal
If you lose your appeal you c补苍鈥�. If you decide to appeal the decision, you must speak to a legal adviser.
Court rules
You can read鈥�.听
The practice direction that is most relevant to the Court of Appeal is鈥�.听
You can also read practice directions鈥痑苍诲鈥�.
Daily court list
Find details of 迟丑别鈥�.
Previous decisions
You c补苍鈥�.