Appeals - Destination and grounds of appeals

Learning Outcomes

This article explains the destination of civil appeals in England and Wales, the principal grounds for appeal, and the criteria for obtaining permission to appeal. It outlines the distinction between first and second appeals, the requirements for leapfrog appeals, and the scope of appellate review under CPR Part 52, including when a re-hearing may be ordered. It details the appeal court’s powers and the key practical steps and time limits involved in bringing appeals, supporting SQE1-focused preparation on appeal routes and grounds.

SQE1 Syllabus

For SQE1, you are required to understand the appeals process in civil litigation, including the correct appellate court, the legal grounds for appeal, and the requirements for permission, with a focus on the following syllabus points:

• the hierarchy of civil courts and the destination for appeals from each level
• the main grounds on which an appeal may be brought (errors of law, fact, or procedural irregularity)
• the rules and criteria for obtaining permission to appeal
• the concept and requirements for leapfrog appeals to the Supreme Court
• the scope of appeal: review vs re-hearing (CPR 52.21) and limits on fresh evidence
• the appeal court’s powers (CPR 52.20), including orders for a new trial and costs

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. Which court hears an appeal from a District Judge’s final decision in the County Court?
   1. High Court Judge
   2. Circuit Judge
   3. Court of Appeal
   4. Supreme Court
2. Which of the following is a valid ground of appeal in civil proceedings?
   1. The judge made a factual finding not supported by evidence
   2. The judge applied the correct law
   3. The losing party disagrees with the outcome
   4. The judge followed the correct procedure
3. What must an appellant show to obtain permission to appeal?
   1. The appeal has a real prospect of success or there is another compelling reason
   2. The appeal is likely to be unsuccessful
   3. The appeal is based only on disagreement with the judgment
   4. The appeal is against a costs order only

4. True or false? All appeals in civil cases require permission to appeal.

Introduction

Appeals are a key part of the civil justice system, providing a structured way to challenge decisions of lower courts. For SQE1, you must know the correct route for appeals, the legal grounds on which an appeal may be brought, and the rules for obtaining permission. This article explains the main appeal pathways, the grounds for appeal, and the permission process, including special cases such as leapfrog appeals. It also clarifies the scope of appellate intervention under CPR Part 52 and the practical steps and time limits for starting an appeal.

Key Term: appellate court
The court that hears an appeal from a lower court’s decision.

Appeal Routes: Which Court Hears the Appeal?

Civil appeals follow a strict hierarchy. The correct destination depends on which judge made the original decision and in which court. Routes are set by the Access to Justice (Destination of Appeals) Order 2000 and Practice Directions to CPR Part 52.

County Court Appeals

• If the original decision was made by a District Judge in the County Court, the appeal is to a Circuit Judge in the County Court.
• If the original decision was made by a Circuit Judge in the County Court, the appeal is to a High Court Judge.

Appeals stay within the County Court where appropriate and are generally lodged at the designated appeal centre for the relevant court region, in accordance with PD 52A.

High Court Appeals

• If the original decision was made by a Procedural Judge or District Judge in the High Court, the appeal is to a High Court Judge.
• If the original decision was made by a High Court Judge, the appeal is to the Court of Appeal (Civil Division).

Specialist jurisdictions sit within the High Court. For example, appeals from the Intellectual Property Enterprise Court (IPEC) are to an Enterprise Judge within IPEC and onward appeals to the Court of Appeal. Appeals within the Business and Property Courts follow the same hierarchy based on the level of the original judge.

Court of Appeal and Supreme Court

• Appeals from the Court of Appeal (Civil Division) are to the Supreme Court, with permission required.
• In rare cases, a "leapfrog" appeal may go directly from the High Court to the Supreme Court (see below).

Appeals from any court should be filed at the appropriate appeal centre. PD 52A sets out filing and case management requirements for appeal bundles and skeleton arguments in the Court of Appeal.

Grounds of Appeal

Not every disagreement with a judgment is a valid ground of appeal. The appellant must show a significant error.

Key Term: ground of appeal
A legal reason for challenging a lower court’s decision, such as an error of law, fact, or procedure.

Main Grounds

• Error of law: The judge applied the wrong legal principle or misinterpreted legislation.
• Error of fact: The judge made findings not supported by the evidence.
• Serious procedural irregularity: The judge failed to follow fair procedure, such as denying a party the opportunity to present their case.

Key Term: procedural irregularity
A significant failure to follow proper court procedure, affecting the fairness of the hearing.

Under CPR 52.21(3), an appeal will be allowed only where the decision of the lower court was wrong (as to law, fact or discretion) or unjust because of a serious procedural or other irregularity. Mere dissatisfaction with the outcome, or inviting the appeal court to “re-try” the case, is not enough.

Review vs Re-hearing

Appeals are normally a review of the lower court’s decision (CPR 52.21(1)). The appeal court will not usually receive oral evidence or consider evidence not before the lower court. A re-hearing may be ordered where a practice direction so provides for the category of appeal or where, in the circumstances of the individual case, it is in the interests of justice. New evidence will only be admitted with permission and is exceptional.

The Appeal Court’s Powers

The appeal court has all the powers of the lower court (CPR 52.20). It may:

• affirm, set aside or vary the order or judgment
• order a new trial or hearing
• refer any claim or issue back to the lower court for determination
• draw any inference of fact justified on the evidence
• make orders for interest and costs

These powers apply equally in the County Court and High Court appellate jurisdictions, as well as in the Court of Appeal.

Permission to Appeal

Most civil appeals require permission (leave) to appeal. This acts as a filter to prevent unmeritorious appeals.

Key Term: permission to appeal
The court’s authorisation for an appeal to proceed, usually required in civil cases.

Criteria for Permission

Permission will be granted only if:

• The appeal has a real prospect of success; or
• There is another compelling reason for the appeal to be heard (e.g., an important point of law).

Key Term: real prospect of success
The appeal is arguable and has a realistic (not fanciful) chance of succeeding.

This test is applied to first appeals under CPR 52.6. “Compelling reason” might include a point of principle or practice that needs authoritative guidance, or procedural circumstances where a review is needed to maintain confidence in the administration of justice.

Application Process

• Permission is usually sought from the court that made the original decision, at the hearing or immediately thereafter.
• If refused by the lower court, the appellant may renew the application in the appellate court. Applications are often considered on paper; an oral hearing may be listed if necessary for fairness.
• Strict time limits apply. For County Court and High Court decisions, the appeal (or application for permission) must be filed within 21 days of the decision. For appeals from the Court of Appeal to the Supreme Court, 28 days apply. The appeal court may vary time limits in exceptional cases.

Documents typically required include the Appellant’s Notice (e.g., Form N161), grounds of appeal, a concise skeleton argument, and transcripts or approved notes of the lower court’s reasons. At the hearing of the appeal, a party may not rely on a matter not contained in the appeal notice without permission.

Worked Example 1.1

A District Judge in the County Court gives judgment against a claimant. The claimant believes the judge misunderstood the law and wants to appeal. Where should the appeal be made, and what must the claimant show to obtain permission?

Answer:
The appeal is to a Circuit Judge in the County Court. The claimant must show that the appeal has a real prospect of success or there is another compelling reason for it to be heard.

Second Appeals and Leapfrog Appeals

Second Appeals

A second appeal (e.g., from a Circuit Judge to the Court of Appeal) is only allowed if:

• The appeal would raise an important point of principle or practice; or
• There is another compelling reason for the Court of Appeal to hear it.

This higher threshold (CPR 52.7) reflects the general policy that issues should normally be decided by the first appellate tier. The lower courts do not have jurisdiction to grant permission for second appeals; permission must be sought from the Court of Appeal.

Leapfrog Appeals

In rare cases, an appeal may go directly from the High Court to the Supreme Court, bypassing the Court of Appeal. This is called a "leapfrog" appeal.

Key Term: leapfrog appeal
An appeal that goes directly from the High Court to the Supreme Court, skipping the Court of Appeal.

A leapfrog appeal requires:

• A certificate from the High Court judge that the case involves a point of law of general public importance.
• That the point is suitable for consideration by the Supreme Court—for example, where the High Court is bound by a previous decision of a superior court and the issue has already been fully considered at appellate level.
• Permission from the Supreme Court.
• Usually, the consent of all parties.

The aim is to save time and cost where only the Supreme Court can resolve the binding point.

Worked Example 1.2

A High Court Judge decides a case involving a novel point of statutory interpretation with national significance. The parties agree to seek a leapfrog appeal. What are the requirements?

Answer:
The judge must certify that the case involves a point of law of general public importance that is suitable for direct consideration by the Supreme Court. The Supreme Court must grant permission. Usually, all parties must consent.

Scope and Conduct of the Appeal

Appeals are normally confined to a review of the lower court’s decision on the material before it. The appeal court will not rehear the case afresh, will rarely receive oral evidence, and will only admit new evidence with permission. The appeal court expects focused, concise grounds; reasons why the decision is wrong or unjust due to irregularity should be set out in the skeleton argument, not repeated verbatim in the formal grounds.

Appeals must be lodged at the appropriate appeal centre. PD 52A and PD 52C provide detailed requirements for bundles, transcripts, and skeleton arguments in the Court of Appeal. Failure to comply with directions may result in dismissal or costs sanctions.

Practical Time Limits and Filing

• File the Appellant’s Notice and grounds within 21 days (County Court/High Court decisions) unless the court orders otherwise.
• Serve the notice on the respondent promptly in accordance with PD 52A.
• Include an approved transcript of judgment or note of reasons where available. If permission was refused below, include the reasons for refusal.

Appeal Outcomes and Costs

If successful, the appeal court may vary or set aside the order and may substitute its own order or remit the matter for rehearing below. Costs of the appeal are at the court’s discretion (CPR 44.2). The general rule is that the unsuccessful party pays the successful party’s costs, subject to conduct, proportionality and any specific costs rules applicable to the appellate court.

Worked Example 1.3

A party loses a fast-track trial before a Circuit Judge and appeals to a High Court Judge, arguing that the judge wrongly excluded a material document and refused a short adjournment to obtain a witness. Which ground is engaged, and how will the appeal court approach the case?

Answer:
This raises a serious procedural irregularity potentially rendering the decision unjust. The appeal will be limited to a review of the decision (CPR 52.21). The appeal court will consider whether the exclusion and refusal deprived the party of a fair opportunity to present its case and, if so, may set aside the judgment and order a new trial.

Worked Example 1.4

A party seeks to introduce a new expert report on appeal that was not obtained for trial. Is this likely to be admitted?

Answer:
Only with permission and in exceptional circumstances. Appeals are normally by review; new evidence is not admitted unless necessary in the interests of justice (CPR 52.21). The party would need to show that the evidence could not reasonably have been obtained for the trial and that it would likely have an important influence on the result.

Summary Table: Appeal Destinations

Key Point Checklist

This article has covered the following key knowledge points:

• Appeals in civil cases follow a strict hierarchy; the destination depends on the original judge and court.
• Valid grounds of appeal are errors of law, fact, or serious procedural or other irregularity; mere disagreement is insufficient.
• Most appeals require permission, granted only if there is a real prospect of success or another compelling reason.
• Appeals are ordinarily limited to a review; re-hearings and new evidence are exceptional and require permission.
• The appeal court may affirm, vary or set aside orders, order a new trial, and make costs and interest orders.
• Second appeals require a higher threshold: important point of principle or practice, or another compelling reason.
• Leapfrog appeals require a certificate of general public importance and Supreme Court permission, and are rare.
• Observing time limits and PD 52 requirements for appeal notices, transcripts and skeletons is essential.

Key Terms and Concepts

• appellate court
• ground of appeal
• procedural irregularity
• permission to appeal
• real prospect of success
• leapfrog appeal

Worked Example 1.5

A claimant wishes to appeal a District Judge’s decision but missed the 21-day deadline by five days due to illness. What should the claimant do, and what will the appeal court consider?

Answer:
The claimant should apply to extend time and file the Appellant’s Notice promptly, explaining the reasons for delay and the merits of the appeal. The appeal court will consider the shortness of delay, the reason, any prejudice to the respondent, and whether the appeal has a real prospect of success before granting relief.