How Do I Appeal a Court Judgment?
What is an Appeal?
Appealing a court decision is the process of asking a higher court to review and potentially overturn a judgment or order made by a lower court.
Appeals are not an opportunity for a complete re-trial: they are only a way to challenge legal or procedural errors that may have led to an incorrect decision.
When Can You Appeal?
You can appeal a court decision if you can show that:
the decision was legally, or factually, wrong; or
there was a serious procedural or other irregularity that rendered the decision unjust.
You cannot appeal just because you are unhappy with the outcome (i.e. just because you lost). You must demonstrate legal grounds for appeal, and being unhappy about losing (or thinking you might win if you had another go) are not legal grounds for appeal.
Where to Appeal?
The court to which you make an appeal varies depending on which court made the decision that you want to appeal:
County Court decisions are appealed to either:
the High Court; or
a more senior judge within the County Court.
High Court decision are appealed to the Court of Appeal (or, in very rare cases, straight to the Supreme Court if the appeal involves a point of law of general public importance); and
Court of Appeal decisions are appealed to the Supreme Court (but only in exceptional cases).
Do You Need Permission to Appeal?
In most cases, you need permission to appeal from either the lower court, or the appeal court. Exceptions exist, but they are very unlikely to apply in construction disputes.
To obtain permission, you must demonstrate that:
the appeal has a real prospect of success; or
there is some other compelling reason why the appeal should be heard.
The Appeal Process
Apply for Permission to Appeal
you can apply for permission to appeal either to:
the judge who made the decision at the time of the judgment; or
to the appeal court (including if the lower court refused) at a later stage.
File the Appeal Notice
you must file an “Appellant’s Notice” within 21 days of the decision you want to appeal, unless the lower court sets a different deadline; and
the notice must state why you are appealing, the grounds of appeal, and whether a stay of execution (pause on enforcement) is required.
Serve the Notice on the Respondent
the appeal notice (and all supporting documents) must be sent to the other party (known as the Respondent) by a strict deadline.
Prepare the Appeal Bundle
the appellant must prepare a bundle of documents which must Include key documents from the lower court proceedings, to assist the appeal court in understanding the case;
new evidence that was not previously shown to the lower court is generally not allowed to be shown to the appeal court, unless the appeal court grants permission.
Attend a Hearing of the Appeal
most appeals involve a review of the lower court’s decision, and not a full re-hearing of the evidence and submissions;
the hearing will not usually involve live witness evidence, unless exceptional circumstances apply; and
at the end of the hearing, the court may either uphold, vary, or overturn the lower court’s decision, or order a new trial.
What Happens to the Original Order?
Appealing does not automatically suspend the original court order pending the outcome of the appeal. If complying with the order would make an appeal pointless (e.g., a demolition order), you must apply for a stay of execution pending the appeal outcome. If you do not have a stay of execution, and you do not comply with the decision that you are appealing, you will be in breach of a court order.
Second Appeals
A second appeal, where a decision is reviewed a second time (typically by the Court of Appeal) after already having been reviewed by the High Court or County Court, is possible but will only be granted in rare circumstances, if:
the case raises an important point of principle or practice; or
there is some other compelling reason to hear the appeal.
Time Limits
Oordinarily, appeals must be filed within 21 days of the judgment you wish to appeal. Time extensions are rarely granted, so prompt action is essential.
Costs Risks of Appeal
If you lose your appeal, you may be ordered to pay the other side’s legal costs.
If you win, the original decision may be overturned or modified, but the other party can also apply for further appeals.
Conclusion
Appealing a court decision is a complex process with strict procedural requirements and deadlines.
Before proceeding, it is crucial to assess whether you have valid legal grounds and a realistic prospect of success. Seeking specialist legal advice can help navigate the appeal process effectively and improve your chances of a favourable outcome. If you need advice in relation to appealing a construction dispute, contact Hamshaw today.
For more information on legal procedures, read our other articles.