Identify the decision and appeal route
Use the sealed order, judgment or reasons to identify the decision, date, judge, court and paragraphs challenged. Distinguish the original decision from any later correction, costs order or refusal of permission.
Verify which court receives the appellant's notice and whether the first request for permission belongs to the lower court, the appeal court or both in sequence. The destination may depend on who made the decision and the type of proceedings.
Calculate the deadline from verified material
Record the date of the decision, the date the order was sealed, any direction concerning time and the date on which reasons or a transcript were received. Do not calculate from memory or from an assumed service date.
Where an extension may be needed, explain the period of delay, the reason, steps taken, effect on the parties and the merits of the proposed appeal. An extension request should be explicit and supported by evidence.
Separate appeal grounds from disagreement
For each ground, identify the finding or procedural decision challenged, the type of error, the correct approach and the effect on the result. A ground should not merely state that the judge was unfair or wrong.
Use the judgment's own structure. Answer the reasons actually given and link the alleged error to the evidence, submission, rule or legal principle relied on.
Address permission to appeal
If permission is required, present a focused explanation of why the proposed ground meets the current test. Avoid treating the permission section as a duplicate of a lengthy factual history.
Where permission was refused below, include the refusal and reasons. Check whether the renewed request must be included in the appellant's notice and whether an oral renewal is available.
State the appellate order sought
Identify whether the request is to allow the appeal, vary or set aside the order, remit an issue, direct a rehearing, substitute a decision or make a consequential costs order. The outcome must follow logically from the grounds.
Avoid asking the appeal court to decide matters it cannot determine on the available material or within the chosen route. Explain any alternative order separately.
Prepare the core documents
Organise the sealed order, judgment or reasons, appellant's notice, grounds, permission decision, relevant statements of case, evidence, transcript requests and proposed order. Include only material necessary for the appeal issue.
Check the current rules, court guide and any direction for the appeal bundle, pagination, electronic filing, skeleton argument and authorities. Requirements vary by court and case type.
New evidence and new points
Identify any document or argument not used below and explain why it is said to be admissible on appeal. An appeal is generally determined on the material and issues properly before the lower court, subject to the applicable rules and discretion.
Do not conceal that a point is new. State when the evidence became available, why it matters and why it was not reasonably deployed earlier.
Final consistency review
Check that every ground corresponds to the order, reasons and requested result. Remove repetition and unsupported allegations. Confirm all names, references, dates and document titles.
Filing an appeal does not necessarily stay enforcement or compliance. Verify whether a separate stay application is required and continue to monitor all live directions.
Frequently asked questions
Is an appeal a rehearing?
Usually not. The appeal court applies the relevant appellate approach to the identified decision and grounds.
Do I need permission?
Permission is commonly required, but the route and exceptions must be checked for the particular proceedings.
Can I rely on new evidence?
Only where the appeal court permits it under the applicable principles and rules. Explain the circumstances openly.
Does an appeal stop enforcement?
Not automatically. A stay may require a separate application or order.
Do I need a transcript?
It depends on the decision and available reasons. Check the appeal court's requirements and request process promptly.
Prepare before acting
- sealed order
- judgment or reasons
- permission decision
- destination appeal court
- verified deadline
- grounds tied to paragraphs
- order sought
- extension request if required
- core bundle
- filing and service proof
Legal and procedural foundation
- Civil Procedure Rules Part 52
- Court and tribunal forms
- HM Courts and Tribunals Service
Forms, deadlines, fees, filing and service requirements must be checked against the current official material and the circumstances of the particular matter.
Verify the current position
Links lead to the material used to structure this publication.