Losing a civil case does not always end the matter, but an appeal is not a second chance to argue the same points. This guide covers appeals from civil decisions of the county court and High Court in England and Wales under Part 52 of the Civil Procedure Rules. Criminal appeals, tribunal appeals and Scottish or Northern Irish proceedings follow different rules and are not covered here.
Grounds for an appeal
HM Courts & Tribunals Service guidance states that a party cannot appeal just because they think the judge “got it wrong”. There must be proper legal grounds, for example a serious mistake or a procedure that was not followed properly. Rule 52.21(3) of the Civil Procedure Rules says the appeal court will allow an appeal where the decision of the lower court was wrong, or unjust because of a serious procedural or other irregularity in the proceedings.
Usually a review, not a rehearing
Under rule 52.21(1) an appeal is limited to a review of the lower court’s decision unless a practice direction provides otherwise or the court considers it in the interests of justice to hold a rehearing. Unless it orders otherwise, the appeal court will not receive oral evidence or evidence that was not before the lower court. The GOV.UK guidance repeats that new evidence cannot be introduced without the appeal court’s permission. A party also cannot rely at the hearing on a matter missing from the appeal notice unless the court allows it.
Permission to appeal
In most cases permission is needed. The guidance says it can be asked for at the end of the hearing, and if it was not granted or not asked for, an application is made to the appeal court in the appellant’s notice. Under rule 52.6 permission may be given only where the appeal would have a real prospect of success or there is some other compelling reason for it to be heard, and the order may limit the issues or attach conditions. A second appeal, meaning an appeal from a decision that was itself made on appeal, is harder: rule 52.7 requires the Court of Appeal to be satisfied that the appeal has a real prospect of success and raises an important point of principle or practice, or that another compelling reason exists.
Deadlines
The appellant’s notice must be filed within the time set by the judge whose order is challenged. If the judge sets none, the guidance says the notice must be filed within 21 days of the decision being appealed. For the Court of Appeal it is generally 21 days, subject to exceptions listed in separate guidance. Because time is short, a person who is considering an appeal should act immediately and consider whether they need legal advice.
Which court hears it
The general rule in the guidance is that an appeal goes to the next level of judge. An appeal from a district judge in the county court, other than certain company-law and contempt decisions, is heard by a circuit judge in the county court. An appeal from a circuit judge in the county court generally goes to the High Court. Insolvency proceedings and the High Court have their own tables in the guidance.
Forms and what happens next
Most appeals use form N161, while an appeal against an order in a case allocated to the small claims track uses form N164. Court fees usually apply, though help with fees may be available. After filing, the court sends the papers to the respondent, or the appellant must serve sealed copies within seven days. If permission is refused on paper, the appellant may ask for a reconsideration at a hearing within seven days of receiving notice of the refusal, unless the judge has ordered that the application cannot in any way be justified and so no hearing is available. If permission is refused again at that hearing there is no further appeal, according to the guidance.
Costs risk
The guidance warns that an appeal can be costly and lengthy and that a losing appellant may be ordered to pay the other side’s costs. Before starting, it can help to read about small claims and help with court fees.
FAQs
Can I appeal because I disagree with the judge’s view of the facts?
Disagreement alone is not enough. The appeal must show the decision was wrong or unjust because of a serious procedural or other irregularity.
Do I always need permission?
Usually, yes. The guidance says there are exceptions, such as a committal order, and permission is sometimes given at the hearing itself.
What if I missed the hearing?
For small claims, the guidance says a party who did not tell the court they would not attend can apply to set the judgment aside. If they did tell the court, appeal with permission is the route.
Can I put in new evidence?
Not without the appeal court’s permission.
The bottom line
An appeal against a civil decision in England and Wales is a review for legal error or serious unfairness, not a fresh trial. Permission is usually required and depends on a real prospect of success or a compelling reason, and the standard deadline is 21 days if the judge sets no other. Because of the cost risk and the strict rules, it is worth taking legal advice on the grounds before filing. This is general information, not legal advice.