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Appealing Against a County Court Decision
Key information for litigants in person
Civil claims · Factsheet 16 of 17
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 notice on respondent within 7 days
- 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
Important Notes
- Appeals are complicated – consider seeking professional legal advice
- You’ll be called ‘appellant’, other side ‘respondent’ during appeal process
- Small claims may have different procedures – check court guidance
- Keep copies of all documents and correspondence
- Be prepared for possibility of oral hearings
- Understand difference between permission to appeal and actual appeal
- Consider implications if you’re the respondent to an appeal
- Be aware of potential for further appeals to higher courts (rare)
Reviewed
August 2026
Source
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16-Appealing-against-a-county-court-decision.pdf · 1 page
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