This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Unhappy with a court ruling? Learn the grounds for appeal, strict filing deadlines, the costs involved, and how to prepare your case for civil, family, or criminal courts.
This guide explains how to challenge a decision made by a court or tribunal in England and Wales. It covers your rights, legal grounds for appeal, the appeal process, time limits, costs, and practical steps you might consider. The information is accurate at the time of writing and is based on official procedures and authoritative guidance. This is not legal advice but a clear, educational overview for anyone seeking to understand how appeals work.
Introduction
When a court or tribunal makes a decision that affects you - for example, in a civil dispute, family matter, criminal case, or tribunal decision (such as a benefit appeal) - you may sometimes have a right to ask a higher court or tribunal to review that decision. This is known as an appeal. An appeal is not a new trial; it is a legal process where judges review whether the original decision was legally correct or was reached by proper procedure.
Appealing can be complex. It involves strict time limits, specific grounds for appeal, and detailed procedural rules. Understanding each step can help you decide whether an appeal is right for you, and how to prepare properly.
1. Basic Principles of Appeals
1.1 What Is an Appeal?
An appeal is a formal request to a higher court or tribunal to reconsider the legal correctness of a decision made by a lower court or tribunal. The appeal court does not re‑hear all evidence from scratch. It typically considers whether there was:
- a legal error (a mistake in applying the law),
- a procedural irregularity (the correct procedure was not followed),
- or an unreasonable outcome based on the facts and law.
1.2 Who Can Appeal?
Only a person or organisation directly affected by the decision - known as an appellant - may appeal. The other party becomes the respondent. In criminal cases, the prosecution may sometimes also have rights to appeal against certain decisions.
2. Grounds for Appealing a Decision
You cannot appeal simply because you disagree with a judge's decision. The law requires you to show valid legal grounds. Typical grounds include:
- the judge applied the wrong legal test or misinterpreted the law,
- the procedure was unfair or irregular,
- the decision was perverse (no reasonable judge could have decided that way),
- important evidence was excluded improperly.
In tribunal appeals such as welfare benefit decisions, you often must first request a mandatory reconsideration before lodging an appeal. Specific rules vary by tribunal.
3. Routes of Appeal
3.1 Appeal Courts in Civil and Family Cases
In most civil and family cases:
- First appeals from the County Court or Family Court are usually made to a Circuit Judge or directly to the High Court in some situations.
- If a case involves a point of law, you may go to the High Court.
- Further appeals go to the Court of Appeal (Civil Division).
3.2 Tribunal Appeals
For decisions by tribunals, the route of appeal depends on the tribunal:
- Appeals from the First‑tier Tribunal go to the Upper Tribunal.
- Decisions from the Upper Tribunal may go to the Court of Appeal if permission is granted.
3.3 Criminal Appeals
- Criminal appeals from the Magistrates' Court generally go to the Crown Court.
- Appeals from the Crown Court go to the Court of Appeal (Criminal Division).
- In rare circumstances, and only on points of law of general public importance, further appeal to the Supreme Court is possible.
4. When Permission to Appeal Is Required
In many cases you must first obtain the court's permission (leave) to appeal. Permission is granted only if:
- the appeal has a real prospect of success, or
- there is some other compelling reason for the appeal to be heard.
There are exceptions where permission is not needed - for example, in some criminal appeals or specific procedural orders.
5. Time Limits
Strict deadlines apply. Missing a time limit may mean losing your right to appeal unless a court agrees to extend time for good reason.
5.1 Standard Time Limits
- 21 days from the date of the decision - typical for most civil and family appeals.
- 28 days for some tribunal decisions to the Court of Appeal.
- Some specific cases, such as planning decisions or tribunal refusals, have 7‑day limits.
Time starts from the date the decision was made or issued. Always check the notice you receive carefully.
If you miss a deadline, you can ask for an extension by explaining the reasons, but courts do not grant this lightly.
6. Preparing and Filing an Appeal
6.1 Key Documents
Most appeals require:
- an Appellant's Notice (e.g. Form N161),
- grounds of appeal - clear reasons why the decision is incorrect,
- a skeleton argument - summary of legal points,
- a sealed copy of the decision being appealed,
- relevant court or tribunal transcripts and orders.
6.2 Filing
You must send these documents to the appropriate appeal court or tribunal office within the time limit. Ensure the forms are completed accurately. If unsure, check the guidance notes that come with the forms or seek professional advice.
7. The Appeal Hearing
At the hearing:
- Judges review the legal and procedural issues raised in the appeal.
- Both parties may present arguments (in person or in writing).
- New evidence is not usually permitted unless the court allows it for a specific reason.
The appeal court can:
- allow the appeal and overturn the decision,
- dismiss the appeal and uphold the decision,
- send the case back (remit) for a new hearing.
8. Costs and Risks
Appeals involve court fees and, often, legal costs. Fees vary by court and type of appeal. Losing an appeal can result in paying the other party's costs, especially if the appeal was unreasonable.
Help with fees is available if you have low income or certain benefits. Check official guidance on fee remission.
9. Appealing Further: Supreme Court
Appeals beyond the Court of Appeal to the Supreme Court are rare and require:
- a point of law of general public importance, and
- permission from the Supreme Court or the court below.
The Supreme Court's role is not to reconsider all issues but to decide on matters significant for legal development.
Final Thoughts
Appealing a court decision in England and Wales is a structured legal process with strict rules and deadlines. Key points to understand are:
- you must have valid legal grounds to appeal,
- time limits are short and must be respected,
- many appeals require permission from the court,
- accurate preparation and filing of documents is essential,
- costs and risks must be considered before proceeding.
Careful preparation and understanding of the correct appeal route can improve your chances of success. Where possible, seek independent legal advice to support your appeal.
