Court Appeals in England & Wales – Full Guidance
Appeals are not a “retrial.”
An appeal asks a higher court to review whether:
The law was applied incorrectly
The procedure was unfair
The judge made a serious error
The decision was unreasonable
Important evidence was wrongly excluded or misunderstood
Different rules apply for:
Civil cases
Family cases
Criminal cases
Tribunals
Magistrates’ courts
Crown Court cases
High Court appeals
Supreme Court appeals
1. Main Appeal Courts Structure
Civil & Family
Original Court
Appeal Court
County Court
High Court or Court of Appeal
Family Court
High Court or Court of Appeal
High Court
Court of Appeal
Court of Appeal
Supreme Court
Criminal
Original Court
Appeal Court
Magistrates’ Court
Crown Court or High Court
Crown Court
Court of Appeal (Criminal Division)
Court of Appeal
Supreme Court
2. Key Appeal Principles
Appeals are usually based on:
- Error of law
- Procedural unfairness
- Serious factual mistake
- Decision outside reasonable discretion
Appeals are not usually allowed simply because:
- You disagree with the outcome
- You lost
- You want another hearing
Official Civil Appeal Rules:
Civil Procedure Rules Part 52
Official Family Appeal Rules:
Family Procedure Rules Part 30
3. Permission to Appeal
Most appeals require:
Permission to Appeal
Permission may be granted if:
- The appeal has a real prospect of success
OR - There is another compelling reason
Permission may be requested:
- At the original hearing
- Later from the appeal court
4. Civil Appeals (County Court / High Court)
Main guidance:
Appeal a Civil Court Decision (EX340)
Detailed appeal guide:
How to Appeal a Civil Decision
Main Civil Appeal Forms
N161 – Appellant’s Notice
Main appeal form for most civil/family appeals.
Form N161
N161A – Guidance Notes
N161A Guidance Notes
N164 – Small Claims Appeals
Form N164
N162 – Respondent’s Notice
Form N162
N244 – Application Notice
Used for extensions, stays, relief, procedural applications.
Practice Direction forms list:
Practice Direction 5A – Forms
5. Family Court Appeals
Official guidance:
Appeal a Decision in a Family Law Case
Common Family Appeal Situations
Appeals involving:
- Child arrangements
- Non-molestation orders
- Financial remedies
- Care proceedings
- Fact-finding decisions
- Relocation orders
Main Family Appeal Forms
N161 – Family Appeals
Form N161
N161D – Guidance Notes
N161D Guidance Notes
N162 – Respondent’s Notice
Form N162
6. Magistrates’ Court Appeals
Official overview:
Appeal a Magistrates’ Court Decision
Types of Magistrates Appeals
A. Appeal to Crown Court
Usually against:
- Conviction
- Sentence
- Both
B. Case Stated Appeal to High Court
Used when:
- Magistrates applied law incorrectly
C. Judicial Review
For procedural unfairness/public law errors.
Magistrates Appeal Forms
Appeal Against Conviction or Sentence
Sentence Only Appeal
7. Crown Court Criminal Appeals
Official guidance:
Appeal a Crown Court Decision
Time Limits
Usually:
- 28 days from conviction
OR - 28 days from sentencing
Late appeals require:
Extension of Time
Criminal Appeal Forms
Form NG – Appeal Against Conviction
Criminal Procedure Forms
Criminal Procedure Rules Forms
Court of Appeal Criminal Forms
8. Judicial Review Appeals
Judicial review challenges:
- Public authority decisions
- Government decisions
- Tribunal/public body errors
Usually heard in:
Administrative Court
Main forms:
- N461 Judicial Review Claim Form
Form N461 – Judicial Review Claim Form
9. Tribunal Appeals
Common tribunals:
- Immigration
- Employment
- Benefits
- Tax
- SEND
- Mental health
Appeals often move:
- First-tier Tribunal → Upper Tribunal
- Upper Tribunal → Court of Appeal
Employment Tribunal Appeals
Appeals go to:
Employment Appeal Tribunal (EAT)
Official guidance:
Employment Appeal Tribunal
Appeal form:
EAT Notice of Appeal Form
10. Court of Appeal (Civil Division)
Official guidance:
Appeal to the Court of Appeal Civil Division
Common Time Limits
Usually:
- 21 days for County Court/High Court appeals
- 28 days for Upper Tribunal appeals
11. Court of Appeal (Criminal Division)
Handles:
- Conviction appeals
- Sentence appeals
- Confiscation orders
Official CPS guidance:
Appeals to the Court of Appeal
12. Supreme Court Appeals
The highest UK appeal court.
Usually only hears:
- Important legal principle cases
- Public importance issues
Permission is almost always required.
Official guidance:
UK Supreme Court Practice Directions
Supreme Court forms:
UK Supreme Court Forms
13. Criminal Cases Review Commission (CCRC)
For alleged miscarriages of justice.
The CCRC can refer cases back to the Court of Appeal.
Official guidance:
CCRC Applications
Application form:
CCRC Application Form
14. Important Appeal Documents
Skeleton Argument
Short legal summary.
Grounds of Appeal
Explains:
- Errors made
- Why decision was wrong
Appeal Bundle
Contains:
- Orders
- Evidence
- Transcripts
- Judgments
Transcript
Often essential.
Official transcript request form:
EX107 Transcript Request Form
15. Stays Pending Appeal
You can ask court to:
Stay Enforcement
This temporarily pauses:
- Evictions
- Financial enforcement
- Orders
- Warrants
Usually requested using:
N244
16. Costs Risks in Appeals
Appeals can involve:
- Court fees
- Opponent’s legal costs
- Security for costs
Weak appeals may result in:
- Costs orders
- Strike out
- Permission refusal
17. Common Reasons Appeals Fail
- Mere disagreement with judge
- No legal error
- Missing deadlines
- Poor grounds
- No transcript
- Rearguing original case
- Incomplete evidence
18. Appeals Based on New Evidence
Fresh evidence may be allowed if:
- It was unavailable earlier
- It is credible
- It could affect outcome
Civil courts follow:
Ladd v Marshall principles
19. Time Limits Summary
Civil appeals
21 days Family appeals
Usually 21 days
Crown Court criminal appeals
28 days Magistrates appeals
21 days
Supreme Court permission
28 days
20. Official Master Lists of Forms
Criminal Procedure Forms
Criminal Procedure Rules Forms
Court of Appeal Forms
21. Key Courts & Organisations
- HM Courts & Tribunals Service
- Court of Appeal of England and Wales
- Supreme Court of the United Kingdom
- Criminal Cases Review Commission
- Employment Appeal Tribunal
