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.
To submit your application for permission to appeal, you'll need to complete the correct forms, which you can identify using our Court Form Finder.
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.
Find the right court form for your situation. Family, civil, criminal and tribunal forms.
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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.)
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
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.
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.
I even conduct some cases pro bono (for no fee).
Get in touch at criminal-appeal-expert.
I'd be happy to help.
GHS
Firstly the background ..... 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 county court) we had part won our case. We now understand we can have a hearing before a single judge at the Court of Appeal to again try for leave. Whilst I doubt we would succeed as firstly we were out of time and secondly we appreciate that 'second appeals' are rarely granted as they have to raise "important points of principle or practice or otherwise require a compelling reason to be heard" we may try anyway. If nothing else my friend will have had the benefit of fully using the options available and perhaps better understanding why leave cannot be granted (if that indeed is replicated an an oral application ) Now to the questions
1. Does the Court allow a specified time for oral leave applications ? Say half an hour etc, or does 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 my friends advocate, addressing the court and going beyond the role of Mackenzie friend, is this feasible or likely before the Court of Appeal Judge ? I appreciate that litigants in person is a common feature now in the new environment of less legal aid (many would say problematical) but I imagine the Court of Appeal Judges would be reluctant to readily grant audience to a non lawyer and I would imagine its very dependant on the invidivual circumstances and the disposition of the individual judge, how they choose to balance up the pros and cons of that
3. And in such cases does the Court usually issue a written judgment on leave . I feel this would be helpful to my friend to understand that her arguments have been fully explored.
Thank you very much
Is there any one I can contact to give my toddler grandson a voice because no one is listening to his mothers concerns.
thanks
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