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Court of Appeal Civil Division

By: Lorna Elliott LLB (hons), Barrister - Updated: 18 Oct 2017 |
 
Court Of Appeal Civil Division

If you have had a case heard at the County Court or High Court and wish to appeal the judge’s decision you may apply to the Court of Appeal Civil Division. You need permission to appeal in virtually all types of cases and in most cases the application for permission to appeal should (and in some cases must) be obtained from the judge whose order it is you are seeking to appeal against.

Obtaining Leave from The Court of Appeal Civil Division

The judge may refuse your request for permission to appeal, or it may be that you did not ask for permission to appeal at the end of the hearing. In either of these situations, you apply to the Court of Appeal and seek permission from a single judge. Your notice of appeal must be filed within four weeks of the decision that you wish to appeal against being made. However in the case of interim orders it is always worthwhile checking the rules as timescales may be shorter.

Fresh Evidence

It is possible to ask for permission to call fresh evidence, but you must provide details of the evidence and show not only that the evidence was not available at the time of the original trial, but also that this fresh evidence, if available, would have been likely to have altered the outcome of the trial. Lastly, the evidence must seem to be both truthful and admissible in court.

Procedure in Court

The appellant introduces the case, and his or her opponent. It is courteous to ask the court whether they have had an opportunity to read the papers or not prior to the hearing. If their lordships have not, the appellant should open the case in as much detail as they think is necessary, or as otherwise indicated by the court. While presenting the case to the court, the appellant should be prepared to be interrupted by their lordships and to answer questions pertaining to aspects of the appeal. The court may also indicate whether there are any grounds of appeal upon which they are not persuaded, so as to enable the appellant to move onto another ground.

After the appellant has presented his or her case to the court, the respondent may present his or her responses. If the court has not considered that there are any grounds upon which the appellant has persuaded them to allow the appeal, then the court may dismiss the appeal without hearing from the respondent at all. Once the respondent has addressed the court, the appellant has the right of reply in relation to new issues that have arisen (whether because they have been raised by the court or the respondent.)

Judgment

Once all parties have addressed the court, it can do a number of things in relation to delivering judgment.
  • Reserve judgment to another occasion
  • Deliver a short judgment, and specify that reasons for this decision will be given at a later stage
  • Deliver a full judgment

If the court decides to deliver judgment on the day the appeal is heard, it has five options open to it:

  • Allow the appeal in full
  • Allow the appeal in part
  • Dismiss the appeal
  • Make an order (as long as the same order could have been made by the court which has been appealed)
  • Order a retrial (this is usually when there is fresh evidence.)

Costs

As a general rule in relation to costs, they are said to ‘follow the event.’ This means that if the appellant is successful, the respondent will be ordered to pay and if the respondent is successful, the appellant will be ordered to pay. If the successful party is legally aided, they must still apply for costs from the unsuccessful party in order to pay back the public purse.

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Convicted at Birmingham Crown Court - conspiracy to Pervert Course of Justice, the evidence presented by Prosecution was co-accused mobile phone cell-site which Prosecution adduced as showing co-accused, not at the location I had said he was, but showed him somewhere else. In Prison, I learnt that the Police had misled the court by producing the wrong cell-site [the co-accused had told them that he tended to leave that phone at home but was always in possession of his business phone] The investigating made out that she would carry out the cell-site on his business phone. This was either not done or not disclosed to prosecution or defence. Unfortunately not being able to afford the services of a barrister I have initially submitted weak skeleton grounds to the court of appeal which was rejected and I have now re-submitted a detailed grounds of appeal. But need a barrister to help me.
Innocent_786 - 18-Oct-17 @ 7:40 PM
Hi, just a general question. If an application for Judicial Review has been unsuccessful at the High Court and an appeal is then made via the Appeal Court to overturn this decision, if the appeal is unsuccessful would the claimant be able to further appeal via any route or would that be the conclusion of any possible proceedings?
PUSB87 - 24-Jul-17 @ 9:33 PM
@Q - I'm not saying that you don't have a valid excuse here. But most people who go to court for speeding have a good reason and it's up to the judge to decipher whether the reason is an emergency or not - especially as you were 120% over the speed limit (the equivalent speed in a 70 mph limit is 154 mph). If the judge didn't swallow your reasoning, then you automatically face a driving ban and six points on your licence. Tim.
TFD67 - 26-Apr-17 @ 10:01 AM
I have been banned from driving for 6 months for speeding. I was doing 66mph in 30 zone and was caught on camera at 1:43am. I have been driving for over 12 years and this was my first offense. I have no prior convictions and no points on my license. The offense happened in October 2016 and i went to court on 24th April 2017 (the day the new law for speeding started). I tried to explain to the court that i was out with a friend and he got called to come home asap. His daughter suffers from reflux since birth and on occasions she pulls out the tubing that they feed her from that goes through her nose into her stomach and if they can't get it in, they have to take her to the hospital or call a nurse out dependent on the time of the day. The Prosecutor jumped on my back straight away and said if i am stating that it was a medical emergency and if i want to take it to trial. I explained that i just tried to get my friend home asap as he was concerned about his daughter. I apologized and said it was a mistake and it won't happen again. The judge said that unfortunately today the new law starts and she has to make her decision based on the new guidelines and they will be banning me for 6 months. I explained hardship that i also have a daughter that i have to drop off to my parents and getting to and from work will be difficult as i finish work at 12 midnight. Also getting my daughter from school and drop her off at her grandparents (my partner finishes work at 17:30) then to work on time will be impossible as i will never make it on time. The judge did not consider anything. I was told my work was not far and i will be okay and i free to leave. In 6 months i won't have a job left as i will never be able to make it on time starting work at 4pm. School finishes at 3:15pm and to get from one end of town to my parents and then start work at 4pm is impossible using public transport. I know people who have been banned, banned again and points on their license and not get a ban for appealing hardship on their 3 occasion and i got screwed over. There was also a solicitor in the magistrates court that was giving free advice for anyone that was there for a speeding conviction and said that since my license is clean and its first conviction the most i will get is 6 points. How wrong did he turn out to be.
Q - 25-Apr-17 @ 12:46 AM
On the final financial hearing my solicitor did not turn up. My barrister had not been briefed, I could not read the bundles of my ex-wife until the day of the hearing due to late delivery from her solicitor. My solicitor requested further bundles with undeniable proofs of the manipulation and lies from my ex-wife 2 days before the hearing and bring them to court . The judge refused them as they had not been filed on time . Those files contained my ex wife undisclosed bank accounts , 2 different financial form E with different balances, undisclosed potential inheritance of 300 K which has now materialised. The judge also refused my D11 as my solicitor did not follow it I appeal ( after 4 requests ) and filed my bundles forthe Circuit Judge. I had already been in front of this judge for the children twice and the outcome had not been positive due to the last minute change of evidences from Cafcass who unknown to me had a one hour meeting with my ex-wife just before entering the Court. This Circuit Judge confirmed ( in the transcript ) during the financial appeal that he did not read all the bundles . He considered that the district Judge used his discretion and prerogative, refusedthese bundles as new evidencesand denied my appeal. I am now on benefit, not credit worthy as I had an IVA , my Company had to shut down, I am 68 years old and cannot work due to 3 heart attacks subsequent to the court, fitted with a pacemaker, a defibrillator and is in every month visiting the hospital. My ex-wife has a free mortgage home of 300k,300k of inheritance, received 70 K from the Judge, kept her undisclosed cash deposits ( circa 50 K ) and now work as a paralegal in a law firm with a barrister as a new boyfriend. I of course I cannot afford a solicitor and despite been 4 month late after the appeal due to illness carry on my crusade on my own for Justice. Can some one tell me where to go and what to do. Subject to my internet research I understand that I should go with a form N164 to the court of appeal in London and to Baroness Halle from the Supreme Court who in October 2015 confirmed that if any of the spouse has not been truthful on the financial the case should be reopen. I also understand that I could address my request to Lord Macfarlane and maybe ask for some help from our Prime Minister. I am aware that it maybe far fetch but Justice is Justice and the law is the law . My number is 07921055353 and I welcome and thanks for any help. Kindest regards Dominique Darbost
Dom - 4-Mar-17 @ 10:57 AM
Hello, for the last four years I have been in court locked in a custody battle with my ex-partner in relation to my son who is now 5 years old. My ex has breached various child arrangements orders multiple times, 17x in the last six months. She has made more than 8x applications to the courts which have all proven falsely malicious allegations by the courts summation. Over my sons life we have managed 8 months of consistent unbroken access due to my ex's actions, even taking him out of the country on a fraudulent passport without leave of the courts or consent, as I have PR, taking him out of school in the process. She's also lied to the Police, I've been arrested on no further that 17x occasssions, NO Further Action each time, 165+ in Police custody and the loss of over 86k in business and contracts as a result? the local authority have tried to endorse her false position leading to an LGO complaint and the lies to the Police, and police actions and omissions, have led to a professional standards investigation going forward to the IPCC. My ex has also lied to the CMA, about the schedule of contact to extort money etc. The judge preciding has failed to curtail this behaviour ongoing I've applied to the court to enforce breaches, they've ignored them, applied to take my sons fraudulent passport out of circulation via prohibited steps, again ignored that application (all cross applications), my ex also deceived the court obtaining an ex-Partie non-mol (for the 5th application), in a different court under a judge who had no knowledge of the case, this was tried last year, blocked and thrown out by the judge with judicial precedent last year. I've made an appeal, at local resolution stage and this has been passed back to the judge in question who refuses to even make a provision, in the interim arrangements, so our son can see both his Mum and his dad on his 5th birthday, after not being able to see his dad on his 1st or 3rd as my ex has absconded with him on these occasions or her lies to court have taken their toll. I've given up on the ability of local resolution in relation to this appeal and am now seeking restitution from the civil court of appeals and wondered if you could provide any further advice on what to expect going forward with that?
Ronin - 17-Feb-17 @ 10:46 AM
I've been sent a county court claim for a parking charge I had decided to defend myself,I didn't buy a ticket as I wasn't staying I was collecting someone at night but stayed there engine running for 19minutes.i was sent the charge 23 days later,isn't there a time frame a charge can be sent? Theother question is if I am know to scared to carry on this and have decided to pay does it still go to court?how does it stop I can't eat or sleep,I've never been to court.
Porky 3910 - 28-Sep-16 @ 8:04 AM
Me - Your Question:
In a recent divorce case my ex wife was awarded the marital home, based on a need to house our son and 1 step child since the order was made , my son now lives with me full time and the stepchild has left home , can I have the order overturned , it was clear to myself my ex wife's plans , but the court favoured in her case , she did agree an open propasal prior to the hearing and my solicitor sent me into court Un represented , I attended the hearing and was basically shot down , my ex wife lied. Under oath about the children and since the hearing my solicitor has not been in touch or sent myself a bill can anyone help ???

Our Response:
You would have to take legal advice regarding this to see whether you would have a case to take this back to court for a variation, due to the change in circumstances.
CourtroomAdvice - 7-Sep-16 @ 1:50 PM
In a recent divorce case my ex wife was awarded the marital home, based on a need to house our son and 1 step child since the order was made , my son now lives with me full time and the stepchild has left home , can I have the order overturned , it was clear to myself my ex wife's plans , but the court favoured in her case , she did agree an open propasal prior to the hearing and my solicitor sent me into court Un represented , I attended the hearing and was basically shot down , my ex wife lied. Under oath about the children and since the hearing my solicitor has not been in touch or sent myself a bill can anyone help ???
Me - 6-Sep-16 @ 11:16 PM
I am the Appellant in an appeal to the County Court. I have a Final deduction order of £16000 made by the CSA. The figure is incorrect, the CSA have no proof/evidence of the figure being correct. My case is almost Kafkaesque; A Tribunal made a ruling of earnings for the years 2011 and 2012 that only came into effect in 2015, because of numerous appeals. The ruling said I should pay myself an extra £15000 net from company for the years 2011 & 2012.. This ruling makes all my business accounts skewed/incorrect. So if we find the CSA asking for a set of accounts post 2012, they are incorrect; ie not taking into account the additional £30000 that should be drawn from my company. The final order of the CSA rolls up the £15000, so year on year they have added £15000. Now here is the rub, I have had little or no work post 2012; the company has run at a loss, working to the calculations/logic of the CSA my company would be bankrupt in or around 2015. To date I have not drawn the extra £15,000 as I said this would bankrupt the company. The Tribunal even noted the company was making no money post 2012. There is a further issue; employed and salaried. I am the Director of my own limited company, I have had the company long (10 years)before I heard of the CSA, or knew what a Tribunal is. I have not worked for over 2 years for various reasons, the CSA as has a Tribunal, like to call me employed, I am not, simply because I am the Director of a company does not make me employed, simply because I have not signed on does not make employed. No calculation has been made against income. Around90% of the funds that I had in the company were earnt pre 2011, plus I have a long history of retaining funds. What has happened is this money has simply been spread over 5 years; 2011 to 2015.....when I have not been working. Muddled administration prevented me from making another Tribunal appeal, the CSA asking for a set of accounts, yes, I could have submitted them but they would be incorrect, the CSA could also have downloaded a copy from Companies House but they would also be incorrect.There is also a further issue, the CSA interchange policy vs law...it is never clear what documentation the CSA are legally entitled to ask for. For example a tax return form... they also asked for receipts ...invoices and so on from my company, they are not auditors nor qualified to act as auditors... The CSA do not employ staff with financial qualifications, I have this on record, therefore how can they possibly be expected to make anything like an informed decision. My appeal to the County Court centred around the EU charter of fundamental rights article 41 and also article 47. Any comments much appreciated. My view is there has been an injustice, much sits me being a square peg and I am being pushed into a round hole, I am not a perfect fit. The easiest solution would have been to draw a line under my company earnings pre 2011 ...then base my child support on company earnings post 2
BartleB - 15-Jun-16 @ 9:37 AM
We were in civil court last week over a case that involves an overpayment of HB. My husband is a protected party under the MCA 2005. I asked the Judge to adjourn the final charging order hearing as my husband did not havea litigation friend and we still have a tribunal appeal pending. He claimed that he was satisfied (without an assessment of capacity) that my husband did have capacity. I want to appeal, but cannot get legal aid and am frantic trying to get some help- suggestions bearing in mind we havea tight timeframe. CAN SOMEONE HELP ME PLEASE?
Janie - 21-May-16 @ 11:55 AM
I was taken to county court for not paying my daughters rent , the case was dismissed , now 3months on , I am being taken back to court for the same money , WHEN WILL IT STOP !!!
BritishAvenger - 17-May-16 @ 7:29 AM
Mary - Your Question:
My husband divorced his wife and pays spousal maintenance in addition to child support. we appealed the spousal maintenance before we had our second child and were still ordered to pay a sum monthly - despite obvious financial evidence that it is beyond our means. we are now having a very unexpected unplanned pregnancy. how do we appeal against spousal maintenance without the enormous court fees that we incurred last time putting us in further debt.

Our Response:
If you cannot afford to be represented by a solicitor, you can self-litigate - please see Bar Council link here. I hope this helps.
CourtroomAdvice - 12-May-16 @ 2:48 PM
my husband divorced his wife and pays spousal maintenance in addition to child support.we appealed the spousal maintenance before we had our second child and were still ordered to pay a sum monthly - despite obvious financial evidence that it is beyond our means.we are now having a very unexpected unplanned pregnancy.how do we appeal against spousal maintenance without the enormous court fees that we incurred last time putting us in further debt.
Mary - 12-May-16 @ 2:35 AM
I am a Criminal Barrister who specialises in appeals.I can help will any appeal. I even conduct some cases pro bono (for no fee). Get in touch at criminal-appeal-expert. I'd be happy to help. GHS
Appeal Barrister - 6-May-16 @ 7:41 PM
I was recently taken to court by an unregulated claims management company. Their claim was I signed a questionnaire/contract which allowed them to act on my behalf to the valuation office, to reduce my council tax banding. If successful a 50% payment was to be made by me, which they were claiming. The success of the outcome only came about after I got involved with the valuation office. Having admitted to signing the initial document my defence was that I had not signed 3 additional documents that were submitted to the valuation office in order to get the banding reduced, which were required for a third party to act on ones behalf. The judge said I had not made this clear in my defence. although fraudulent signatures had been stated in my defence notes to the court, which I had to direct him to. Had he known this prior he would have requested the use of an expert and went in the favour of the company. Having never been in such a situation I may not have defended myself well enough and did not ask for an appeal after the decision. Can I appeal this case by using a report from a signature expert.
Pop tart - 30-Apr-16 @ 12:45 PM
George- Your Question:
I was found guilty at crown court for a.b.h and sentenced to 18 month on my first offence. On the 3rd day of the trial when I was on the stand, the judge called me a liar and sent the jury out. Is this even legal? Also the alleged victim had 3 different statements, only the 3rd said I kicked him is this acceptable? Please answer as I've been badly effected by the whole experience.

Our Response:
Judges have to abide by the Code of Ethics and Conduct and while it is possible for individual litigants to complain about the personal conduct of a judge, at the same time judges are given a level of independence so they can decide cases solely on the evidence presented in court by the parties and in accordance with the law. It means judges are given immunity from prosecution for any acts they carry out in performance of their judicial function. They also benefit from immunity from being sued for defamation for the things they say about parties or witnesses in the course of hearing cases. So while you can complain, it is unlikely that this would come to anything. For more information please see link here.
CourtroomAdvice - 19-Feb-16 @ 10:59 AM
I was found guilty at crown court for a.b.h and sentenced to 18 month on my first offence. On the 3rd day of the trial when I was on the stand, the judge called me a liar and sent the jury out. Is this even legal? Also the alleged victim had 3 different statements, only the 3rd said I kicked him is this acceptable? Please answer as I've been badly effected by the whole experience.
George - 18-Feb-16 @ 11:31 AM
Is It Against The Law If My doctor And Others Say I Need A Stair Lift And The Council Say No ,Excuse Saying House Under Occupied when There Is Two Bedrooms ,Mine Has The Single Electric Bed In It ,And The Wife Sleeps In other Room ;We Stated On The Application Form My Medical Problems ,But Still They Offered Us This House ,I Have Appealed Their Decision As We Spent Up To Now £4000 On Getting Back Garden Sorted And Brand New carpets And Sliding Doors ;Now They Say They Want All Receipts ,And Still Say No To Stair Lift As we Do Not Have All Receipts
louie - 20-Dec-15 @ 12:50 PM
I have had perverse and corrupt justice in a civil court the judge ignored all the laws of the land ignored the 6 year property law and he was a builder who knew all the prices of building materials !!!!!!!!!!!!! and told me that the £100,000 I spent on building a property cost £50,000 and a 22 foot manhole that cost me nearly £20,000 he said I was lying and I told the truth all the way this was 10 yrs ago I built it when things were boomingcan I order a retrial or what else can I dothanks
danny - 12-Oct-15 @ 11:03 PM
Got back from staying with family today to find a court summons in my post. Court date was 4th August so missed it . Summons was for my Daughter missing three days of school in January. The statements say I had no interest in communication with the school etc regarding attendance which is utter rubbish. I have list of all teachers I spoke to because the only reason my daughter's attendance wasn't above 95% is because she was subjected to bullying from second week in September until it finally all died down end of May beginning of June. Had I been here I would have pleaded not guilty due to mitigating circumstances. What do I do now ?
rosie 666 - 6-Aug-15 @ 2:43 AM
What a helpful page you have created. My questions are asfollows in relation to application for leave to appeal. Firstly thebackground .....I am helping a friend (I am a non lawyer but have tribunal experience including at the EAT)We have been refused leave to appeal a county court appeal decision in which(the countycourt)we had part won ourcase.We now understand wecan have a hearing before a single judge at the Courtof Appeal to againtry for leave.Whilst Idoubt we would succeedasfirstly wewere out of timeand secondly weappreciate that'second appeals'are rarelygranted as they have to raise "important pointsof principle or practice or otherwise requirea compelling reason to be heard" wemay tryanyway. Ifnothing else my friend will have hadthe benefitof fullyusing the optionsavailable and perhaps better understanding why leavecannot be granted (ifthat indeedis replicatedan an oral application )Nowto the questions 1. Doesthe Court allowaspecifiedtime for oral leave applications ? Say halfan houretc, ordoes it vary, and is it common for the 'other side' to abe represented ? 2. Having been allowed by the Judge at the County Court to act as myfriendsadvocate, addressing the court and going beyond the role of Mackenziefriend,isthis feasible or likelybefore theCourt of Appeal Judge?I appreciate that litigants in person is a common featurenow in the newenvironment of less legal aid(many wouldsay problematical)but I imaginethe Court ofAppeal Judges would be reluctant to readily grant audience to a non lawyerand I would imagine itsvery dependant on the invidivual circumstances and the disposition of the individual judge, howthey chooseto balance up the prosand consof that 3. And in such cases doesthe Court usually issue a written judgment on leave . I feel thiswould be helpful to my friend to understandthat her arguments have been fully explored. Thank youvery much
Dragon - 1-Jun-15 @ 6:23 PM
my children's father was convicted in December 2014 for sexually abusing our son for 3 years he was jailed for 16 years, however I have just found out he as won the right to an appeal can you please tell me how this can happen and the process please me and my family are shocked and very distressed, thank you
donkel - 20-May-15 @ 7:08 AM
@none - Your solicitor will provide you with advice regarding whether they feel that a successful appeal can be put forward. Your solicitor will also be able to explain the best way to fight the conviction. As specified in the article, it is possible to ask for permission to call fresh evidence, but you must provide details of the evidence and show not only that the evidence was not available at the time of the original trial, but also that this fresh evidence, if available, would have been likely to have altered the outcome of the trial. Lastly, the evidence must seem to be both truthful and admissible in court. I have added an addition Prison Reform Trust document here which may help you further.
CourtroomAdvice - 13-Apr-15 @ 10:55 AM
I am appealing a 5 month prison sentence from Magistrates Court on 3 Charges.I am appealing Sentence only and was wondering how likely I am to win and what I should do to help my case.
none - 9-Apr-15 @ 11:02 AM
The Martin McGartland -v- MI5, British Security Service breach of duty of care, aftercare case. Update.The Court of appeal are looking at the Martin McGartland -v- MI5 case at the minute. It is possible that the Court of appeal will allowthe appeal in the case. Watch this space.
Lolo - 23-Oct-14 @ 12:50 PM
@caz if he is successful he should be discharged more or less immediately. I hope this helps.
CourtroomAdvice - 16-Oct-14 @ 11:34 AM
Hi just wanted to ask if a appeal from prison is successful how quick will you be released?That day? Be greatful for any answers x
caz - 15-Oct-14 @ 9:43 PM
The Martin McGartland -v- MI5, British Security Service breach of duty of care, aftercare case has been sent to the court of appeal. Mi5 are applying to have that case heard in total secret, a secret hearing in which Martin McGartland nor even his legal team will be allowed to take part meaning Mi5 can say what they like, mislead, lie, to the court when they know they can not be challenged or held to account.Let's hope the court of appeal allow the appeal and that they see that justice is done by refusing secret hearing and allowing this case to be dealt with in open court and in public.
Billyboy44 - 2-Sep-14 @ 2:36 AM
If a county court judge dismisses a case, can the same evidence be re issued at another future case?
Tricianjessie - 10-Aug-14 @ 6:44 PM
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