Usually a decision made by the Court is a final one, but there are circumstances where it may be appropriate to seek an adjudication as to whether the Court’s decision was correct.
It is understandable that many litigators may not have been exposed to an appeal, save for seeing the outcome by way of a written judgment or hearings from the Court of Appeal and Supreme Court (which, even if you do not undertake advocacy, can be quite informative).
It is usually the case that whoever undertook the advocacy at the hearing (whether that be Counsel, in-house advocate or you) would prepare the pleadings for the appeal, but it is not uncommon for someone else to be instructed to prepare the appeal. This post is to give litigators an idea of what happens and what you will need to do.
This is limited to first instance appeals and not second.
Seeking permission to appeal
In most circumstances a party requires permission to appeal. This can be obtained from the Judge that you intend to appeal or the appeal Judge.
Irrespective of whether it is the first instance Judge or an appeal Judge, there will need to be consideration whether (as per CPR 52.6) there is a real prospect of success or there is some other compelling reason for the appeal to be heard.
Two points. Firstly, you are not required to seek permission from the Judge in the first instance. It is not unexpected for that Judge to refuse permission (because they are of the view their decision was correct so believe an appeal no real prospect), however when there is ambiguity the Judge may grant permission to appeal. If obtained, it still requires the party to act on it. Secondly, if the first instance Judge refuses, that does not mean you cannot attempt to seek permission from the appeal Judge.
When must the appeal be filed?
As per CPR 52.12(3), unless the Court has granted an extension or specified a longe period of time, the appeal must be filed with the Appeal Court within 21 days of the decision, not the date of receipt of the Order.
This is not a lot of time. Getting instructions from your client, funders of the claim and consulting Counsel. You may find that you do not have the time to undertake all of the necessary steps below.
What you need to file the appeal?
An appellant must complete an Appellant’s Notice. In the small claims track you would compete an N164 and in all other cases a N161. You will need the following for the Appellant’s Notice (or an indicator was to when you will be able to obtain them):-
- Grounds of Appeal
- Skeleton Argument
- Copy of sealed Order
- Transcript of the Judgment (or approved note)
- Transcript of the hearing
It is important that the Appellant’s Notice is filed before the deadline. There are documents that are simply not going to be available in time (as one will see in the following paragraphs) but the Appellant’s Notice has sections to deal with this.
Grounds of Appeal
The Grounds of Appeal are set out in a document and (as per PD52B para 4.2(d)) must set out, in simple language, clearly and concisely, why the order of the lower court was wrong or unjust because of a serious procedural or other irregularity.
I have seen a range of varying Grounds of Appeal that set out the simple summary of the case, the hearing and then identify the grounds in bullet points. Others have gone into more detail.
Skeleton Argument
The skeleton argument will set out the argument for the appeal, including any relevant law. These tend to be final if the advocate who attended the hearing is preparing the appeal documents, but an application for permission to file and amended or finalised skeleton argument upon receipt of the transcript is not uncommon if the appeal is being prepared by someone other than the advocate from the hearing.
It will also set out why the appeal has real prospects of success or some other good reason for permission to be granted.
Interestingly a skeleton argument is compulsory in the Court of Appeal but not in the County or High Court. It is encouraged where the law or argument may be complex that a reading of the appeal papers would be insufficient.
Copy of the sealed Order
As we all know, some Courts have such a back log that a sealed Order may not appear for weeks. However, you can complete the Appellant’s Notice to explain that the sealed Order has not been received and will be filed once you are in receipt.
Transcript of the Judgment
In cases where the Judgment is reserved and handed down, there may be a written Judgment. Many Judgments are, however, given ex tempore. In those circumstances you will need to either obtain a transcript of the Judgment or an approved note of the Judgment (usually completed by one of the advocates and approved by the Judge).
To obtain transcript of the Judgment, you must complete an EX107. When you file this with the Court, they will send the audio to the transcriber you indicated on the EX107. They will contact you and provide you with estimates of time and costs. What you ought to know is the Judgment must be sent to the Judge to approve. This is because they are entitled to amend the Judgment as ex tempore can have errors or the decision was not as eloquently expressed as it should.
This the item that takes the longest, especially if the Judge in question is a part time Judge who does not sit at the Court regularly.
Transcript of the hearing
The transcript of the hearing isn’t a required document, but it will be important if there is an argument being made about a finding of fact or the Judge not taking submission into consideration. This will be obtained in the same manner as the Judgment but does not require approval.
What else can be requested in the Appellant’s Notice?
The Appellant’s Notice is also the opportunity to ask the Appeal Court for something other than making a separate application. This could be:-
- A stay of execution of any enforcement following the decision being appealed
- Extension for compliance
There is a specific section for seeking permission. You must tick this if you need permission or it may invalidate the appeal.
Where do you file the Appeal?
The venue of the appeal will depend on the level of Judge that heard the first instance hearing:-
- District Level Judge – Appeal to a Circuit Judge in the County Court
- Circuit Level Judge – Appeal to a High Court Judge in the High Court (division depending on the area of law)
The actual Court that you file the appeal to will depend on the location of the Court of the Judgment you are appealing. This information is found in PD 52B Table A (County Court appeals) and Table B (High Court appeals).
For example, a Judgment of a District Judge sitting in Stockport will require the appeal to be filed in the Manchester Civil Justice Centre. A decision of a Circuit Judge sitting in Plymouth will need to file the Appeal at Bristol District Registry.
What happens if permission is not granted on paper?
An Appeal Judge (Circuit or High Court Judge) will consider the Appellant Notice and documents to consider whether the Appellant’s appeal meets the First Appeal test threshold. If permission is granted, directions will be given.
If permission is not granted then usually the Order will allow the Appellant the opportunity to have an oral reconsideration hearing. Usually a Respondent would not attend because there is no presumption for costs in their favour. If permission is refused at the oral reconsideration hearing then that’s game over for the appeal, it is final.
There can be ‘roll up’ hearings, which have the permission to appeal hearing and if permission is granted, proceed to a substantial hearing immediately. In those circumstances a Respondent might be entitled to costs. If permission is not granted to appeal, then it is the end. If permission is granted but the appeal subsequently fails, then there is at least a route to the Court of Appeal (but second appeal tests are a much higher test).
Conclusion
That gives you an idea of what you will need to do following a decision that needs to be appealed. There is far more to an appeal than what this post says but of course, the whole idea is for litigators who are unfamiliar to have a bit of an insight.
Information
AJH Advocacy Limited, a Limited Company which is regulated by the Bar Standards Boards (entity number 190758), ceases trading on the 12th January 2026.
From the 12th January 2026 and onwards, Alec Hancock will practice as a Barrister at Magdalen Chambers in Exeter. For instructions on matters on or after 12th January 2026, please contact Magdalen Chambers via clerks@magdalenchambers.co.uk or by telephone on 01392 285 200.