Appealing Against a County Court Decision

Deciding to Appeal

• Only appeal if there are legal grounds
• Serious mistake or procedural error required
• Can’t appeal just because result seems unfair
• Usually need judge’s permission to appeal
• Time limit: typically 21 days from decision
• Risk of paying other side’s costs if you lose
• Seek legal advice quickly before starting
• Minor errors unlikely to be grounds for appeal
• Can’t use forgotten evidence from original trial

Getting Permission to Appeal

1. Ask for permission at original hearing, or
2. Apply separately with Appellant’s notice
3. Use form N164 for small claims
4. Use form N161 for other claims
5. Attach grounds of appeal to notice
6. Pay fee (or apply for fee help)
7. Court decides based on paper application
8. If refused, 7 days to request oral hearing
9. Appeal must have realistic chance of success

Appeal Process

1. File Appellant’s notice with required documents
2. Serve the sealed notice on each respondent as soon as practicable, and within 14 days of it being sealed
3. File certificate of service with court
4. Appeal to circuit judge if original decision by district judge; to High Court if by circuit judge
5. May need transcript of original judgment
6. Court notifies hearing date if permission given
7. Prepare for appeal hearing
8. Attend appeal hearing
9. Receive decision from appeal judge

Key Considerations

• Strict time limits apply – act quickly
• Grounds must show serious legal/procedural error
• Can’t appeal based on new evidence (exceptions rare)
• Consider costs implications carefully
• Seek legal advice if possible
• Follow court rules as closely as possible
• Be prepared to explain grounds clearly
• Consider alternative dispute resolution
• Understand risks of unsuccessful appeal
• Be aware of limited grounds for further appeals