Learning Outcomes
After studying this article, you will be able to identify and explain the main civil appeal procedures in England and Wales. You will understand how appeals are started, the destinations of appeals from different courts and judges, the requirements for permission to appeal, relevant time limits, and key grounds on which appeals may be made. You will be equipped to answer SQE2-style practical and problem questions on appeal procedure.
SQE2 Syllabus
For SQE2, you are required to understand civil appeal procedures from a practical viewpoint. In your revision, focus especially on:
- The routes of civil appeals for different courts and judges (County Court, High Court, Court of Appeal, Supreme Court)
- The rules regarding permission to appeal and time limits
- The main grounds on which civil appeals may be made
- How to correctly commence and respond to a civil appeal
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.
- After losing in the County Court before a district judge, in which court and before what level of judge is the first appeal heard?
- When is permission to appeal required in civil cases, and who can grant it?
- What is the typical time limit for filing an appeal against a High Court decision?
- What are the two principal grounds on which a civil appeal may be brought?
Introduction
During civil litigation, a party dissatisfied with a court’s decision may—if appropriate—seek to appeal. Appeals are subject to strict rules on the level of court, judge, time limits, and grounds to be used. Understanding the appeal framework is essential for correct advice and for successfully progressing or resisting appeals.
Appeals System: Structure and Basic Principles
Court Hierarchy and Appeal Routes
Civil appeals generally lie to the next highest level of court (or judge) in the judicial hierarchy. The destination for an appeal depends on both the court and the seniority of the judge who made the original decision.
Key Term: appeal
An application to a higher court (or judge) to review and reconsider the decision of a lower court (or judge).Key Term: appellant
The party who is bringing the appeal.Key Term: respondent
The party defending the original decision (responding to the appeal).Key Term: permission to appeal
The formal requirement that most civil appeals require prospective authorization (“permission”) from either the lower court or the appeal court.
Typical Civil Appeal Destinations
- Appeals from a district judge in the County Court are heard by a circuit judge in the County Court.
- Appeals from a circuit judge in the County Court go to a High Court judge.
- Appeals from a procedural judge or district judge in the High Court are heard by a High Court judge.
- Appeals from a High Court judge are heard in the Court of Appeal (Civil Division).
- Appeals from the Court of Appeal are heard in the Supreme Court (subject to further permission—see below).
Worked Example 1.1
Radha loses a trial before a district judge in the County Court and believes the judge has made a serious factual and legal error. To whom should she appeal, and in which court will the appeal be heard?
Answer:
Radha's appeal will be to a circuit judge sitting in the County Court (at the same location, unless transferred). She will be the appellant, and the opposing party will be the respondent.
Permission to Appeal
General Requirement
Most civil appeals require permission to appeal, unless specifically exempt (such as certain committal orders). Permission can be granted by either the lower court (at judgment) or the appeal court.
Key Term: permission to appeal
The requirement that an appellant obtains leave from the lower court or the appeal court to proceed with their appeal, typically by showing a real prospect of success or some other compelling reason.
Criteria for Permission
Permission is granted only where:
- There is a real prospect that the appeal will succeed; or
- There is some other compelling reason why the appeal should be heard (for example, an important legal point or procedural irregularity).
Worked Example 1.2
Lee is dissatisfied with a circuit judge’s decision in the County Court. He seeks permission to appeal, but the circuit judge refuses it. What can Lee do?
Answer:
Lee may apply directly to the appeal court (a High Court judge) for permission to appeal. The notice of appeal must set out the grounds for the appeal and be filed within the time limit.
Commencing an Appeal: Procedure and Time Limits
Appeal Notice
To start an appeal, an appellant's notice must be filed in the appeal court. The notice must specify the decision challenged, the grounds of appeal, whether permission to appeal is sought (if not already granted), and any relevant accompanying documents (such as the lower court order and, where required, skeleton arguments).
Time Limits
- A notice of appeal from a County Court or High Court decision must usually be filed within 21 days of the date of the decision, unless the lower court orders a shorter or longer period.
- Late appeals generally require an application for an extension of time, which may or may not be granted.
Key Term: appeal notice
The formal document filed by the appellant to commence the appeal and set out the grounds relied upon.
Exam Warning
Many appeals are lost due to missing time limits or procedural errors in filing—always verify deadlines and court requirements immediately at judgment or upon receipt of the written order.
Grounds of Appeal
Civil appeals are not simply a rehearing of the case; appeals are intended to review potential errors. The two main grounds of civil appeal are:
- The lower court was wrong (in law, fact, or the exercise of discretion); or
- The lower court’s decision was unjust due to a serious procedural or other irregularity.
Key Term: grounds of appeal
The legally recognized reasons for challenging the lower court’s decision on appeal.
Worked Example 1.3
Samir loses at trial in the High Court. He believes the judge misunderstood key evidence but did not make any legal errors. Is this a good ground for appeal?
Answer:
Only if the misinterpretation of evidence led the judge to a decision that was "wrong," as opposed to being a finding open to the judge on the facts. Appeals courts are reluctant to overturn purely factual findings unless they are plainly incorrect.
Permission to Appeal to the Supreme Court ("Leapfrog" or "Second Appeals")
An appeal to the Supreme Court from the Court of Appeal is permitted only if (a) the Court of Appeal or Supreme Court certifies the appeal concerns a point of law of general public importance, and (b) either the Court of Appeal or Supreme Court gives permission to appeal.
Other Important Issues
New Evidence on Appeal
Generally, new evidence is not permitted on appeal unless special circumstances apply; for example, if it could not have been obtained with reasonable diligence for use at the trial and may have an important impact on deciding the appeal justly.
Costs on Appeal
The appeal court may make any order as to costs it thinks fit. The usual rule is that the unsuccessful party pays the successful party’s costs of the appeal, but the court has discretion and will take conduct and other factors into account.
Second (Further) Appeals
Where a case has already been appealed once (e.g., to a circuit judge or the High Court), a second appeal to the Court of Appeal is permitted only in rare cases raising an important point of principle or practice or some other compelling reason.
Revision Tip
On the SQE2, always identify: (1) the original judge/court; (2) the appropriate court and judge for appeal; (3) timing, permission requirements, and correct procedure.
Key Point Checklist
This article has covered the following key knowledge points:
- Appeals are generally to the next most senior judge or court in the hierarchy—the specific route depends on the original judge and court.
- Most civil appeals require permission, either from the original trial judge or the appeal court.
- Appeals must be started within strict time limits (usually 21 days); missed deadlines may defeat the appeal.
- Grounds of appeal are limited: that the lower court was "wrong," or that the decision was unjust due to serious procedural or other irregularity.
- Appeals to the Supreme Court require certification of a point of law of general public importance and permission.
- Costs, new evidence, and further (second) appeals are subject to strict rules and discretion.
Key Terms and Concepts
- appeal
- appellant
- respondent
- grounds of appeal
- permission to appeal
- appeal notice