How to appeal a UK court decision, civil and criminal appeals explained

You've lost a case in court. The judgment feels wrong, or the sentence unfair. But what happens next? An appeal is not a automatic do-over. There are strict rules about when you can appeal, what grounds are allowed, and which court will hear you. This guide walks you through the entire process so you know your options and what to expect.

The short version

An appeal challenges a court decision on grounds of law, fact, or procedure. You must apply for permission within 21 days (civil) or 28 days (criminal conviction). Permission is granted only if you have a real prospect of success or there is some other compelling reason. The appeal court will not rehear all the evidence: it will review the judgment and the trial record. If the appeal succeeds, the court may uphold the decision, vary it, allow the appeal entirely, order a retrial, or send the case back (remit) to the lower court. Criminal conviction appeals go to the Court of Appeal Criminal Division; civil appeals go through a ladder of courts depending on the lower court's level.

At a glance

What an appeal is and is not

An appeal is not a new trial. You cannot call fresh witnesses, introduce new evidence, or change the story you told at first instance. The appeal court will not sit in the witness box and listen to testimony. Instead, the appeal court reads the judgment, the court transcript (or a note of the evidence), and written arguments. It then decides whether the decision below was right or wrong in law, whether there was a procedural flaw that changed the outcome, or whether the verdict was perverse (so unreasonable that no reasonable tribunal could have reached it).

An appeal asks one core question: did the lower court get it wrong? If the answer is no, the appeal fails. The lower court's decision stands.

Civil appeal routes

Civil cases follow a ladder structure. Where you appeal depends on which court originally heard your case.

District Judge to Circuit Judge (first rung)

Most small claims and fast track cases are heard by a District Judge. If you lose, you can appeal to a Circuit Judge in the same or nearby court. This is the most common appeal route for lower-value disputes. You apply within 21 days. Permission is needed but is granted relatively often.

Circuit Judge to High Court (second rung)

If a Circuit Judge heard your case and you lost, you appeal to the High Court. This route is rarer. The High Court sits in London and also in regional centres. The test for permission is stricter: you must show an important point of law or practice. A simple error in the lower court is not enough. Many circuit judge decisions go unchallenged because the permission bar is high.

High Court to Court of Appeal Civil Division (third rung)

If a High Court judge decided your case, you can appeal to the Court of Appeal. This is the second-highest court in England and Wales. Permission is hard to get. You must show that the decision is wrong and that there is an important point of principle or practice involved, or that there is some other compelling reason to hear it (the "second appeals test", explained below). Most applications are refused.

Court of Appeal to Supreme Court (fourth rung)

Very few cases reach the UK Supreme Court. You must first get permission from the Court of Appeal. If refused, you can ask the Supreme Court itself for permission. The bar is extraordinarily high: the case must involve a point of law of public importance. In practice, only a handful of civil cases per year are heard.

Criminal appeal routes

Criminal appeal routes are simpler than civil routes, but the test for permission is tough.

Magistrates' Court to Crown Court

If you were convicted in the Magistrates' Court, you can appeal to the Crown Court. The Crown Court will rehear the case in full, with fresh evidence possible. You do not need permission. But you must appeal within 28 days of conviction. This route is relatively accessible.

Crown Court to Court of Appeal Criminal Division

If you were convicted or sentenced in the Crown Court, you can appeal to the Court of Appeal Criminal Division. This court sits only in London. The appeal will review the conviction on law and procedure, and separately review the sentence on whether it was manifestly excessive or wrong in principle. You must apply within 28 days of conviction or sentence.

For conviction appeals, you need permission. The test is whether there is a real prospect of success (your conviction is unsafe or the law was misapplied). For sentence appeals, you do not need permission; you can appeal as of right. But the court will only interfere if the sentence is genuinely excessive or the judge made a material error in principle.

Court of Appeal Criminal Division to Supreme Court

Like in civil cases, Supreme Court appeals are extremely rare in criminal law. You need permission and a point of public importance. Almost no cases reach this stage.

Permission to appeal

Permission to appeal is the gateway to the appeal court. Most appeals fail at this stage. You must pass the permission test to proceed.

The real prospect of success test

For civil appeals and criminal conviction appeals, the standard test is whether there is a "real prospect of success". This is not about mere doubts or a chance that the lower court might have been wrong. It means there is a realistic, arguable case that the decision was genuinely flawed in law, fact, or procedure. The appeal court asks: looking at the papers and the judgment, is there a substantial argument that the judge got it wrong?

Some other compelling reason

If you cannot show a real prospect of success, you can still ask for permission if there is "some other compelling reason" for the court to hear the appeal. This is rare. Examples include: a legal issue of public importance that was not properly explored at trial, or a procedural defect that is so serious that justice would not be done if the decision stood. Courts are very reluctant to grant permission on this basis alone.

Permission decisions

Most appeals are decided on the papers. You submit your application (the N161 form for civil cases, or Form A for criminal). The court reads it, checks the judgment, and decides yes or no. Some cases go to an oral permission hearing, where you argue before a judge why your appeal should be heard. Oral hearings happen in harder cases.

Time limits

Time is critical. If you miss the deadline, you cannot appeal, and the decision is final.

Civil appeals: 21 days

You have 21 days from the date of the judgment to apply for permission. If the judgment was sent to you by post, the deadline runs from the date you receive it. The clock does not stop for weekends or holidays. If you are one day late, your application will be struck out unless the court grants an extension. Extensions are possible but are granted only if there was a good reason for the delay and you have a strong appeal.

Criminal conviction appeals: 28 days

You have 28 days from the date of conviction to apply for permission. The clock runs from the date the verdict was returned or the guilty plea was accepted. If you are represented by a solicitor or barrister, they must notify the Crown Court and the Court of Appeal in writing of your intention to appeal, also within 28 days.

Criminal sentence appeals: 28 days

You have 28 days from sentencing to lodge a sentence appeal. You do not need permission for a sentence appeal, so if you meet the deadline, your appeal will be heard. But the court will only interfere if the sentence is manifestly excessive or based on a legal error.

Grounds of appeal

You can appeal on three broad grounds: error of law, error of fact, and procedural irregularity.

Error of law

This is the strongest ground. You argue that the judge wrongly stated or applied the law. For example, the judge applied a legal test that was out of date, or applied it incorrectly to the facts. If the law has changed since your trial, that can also be grounds for appeal. Error of law is often successful because if the law was wrong, the result must be wrong.

Error of fact

This ground is much harder. You argue that the judge's findings of fact were wrong: the judge believed the wrong witness, or drew an irrational inference, or ignored key evidence. The appeal court will not second-guess the judge's assessment of witness credibility (the judge saw the witnesses; the appeal judges did not). But if the judge's findings are so unreasonable that no reasonable judge could have reached them (a "perverse" verdict), the appeal court may interfere. This is rare.

Procedural irregularity

You argue that the trial was unfair because of a procedural defect: the judge failed to give you a fair hearing, evidence was wrongly admitted or excluded, or a rule was broken that affected the outcome. If a procedural defect is serious enough that the whole trial was tainted, the appeal may succeed.

N161 appellant's notice walkthrough

The N161 form is the standard way to apply for permission to appeal in civil cases. You must file it within 21 days of the judgment. Here is what you need to include.

Case details and parties

Fill in the case number, the court that made the judgment, the judge's name, and the date of judgment. Identify yourself as the appellant and the other party as the respondent.

Grounds of appeal

This is the critical section. Set out your grounds clearly and concisely. Do not argue fact by fact; instead, identify the legal errors or procedural flaws that led to the wrong decision. Keep it short: one or two pages is better than ten. The judges will not read a rambling submission.

Statement of facts

Summarise the case briefly: what it was about, what you argued, what the judge decided, and why you think the decision was wrong. Be factual and neutral in tone. Do not be emotional or angry. Courts respond to calm, legal argument.

Why permission should be granted

Explain why there is a real prospect of success. Quote the relevant law. Show how it applies to the facts. If there is only a thin prospect, argue "some other compelling reason". But be realistic: if the judge's decision looks sound, say so and consider whether to appeal.

Supporting documents

Attach a copy of the judgment, the court order, and any key evidence or legal authorities you rely on. Do not attach hundreds of pages; be selective. Courts have heavy caseloads and will not read unnecessary material.

The statement of truth

Sign the form and confirm that the contents are true. You are making a statement to the court; if you lie, you can be prosecuted for perjury.

Second appeals test

A "second appeal" is an appeal from a court that sits above the original trial court. For example, a Court of Appeal decision is a second appeal (appeal from Circuit Judge decision). Second appeals are hard to win because there are two layers of judicial review.

The test for permission to appeal a second appeal (e.g., from Circuit Judge to High Court, or from High Court to Court of Appeal) is stricter than the first-appeal test.

For a second appeal in civil cases, the court must be satisfied that:

1. The appeal involves a point of law of general public importance, or
2. The decision below was plainly wrong, or
3. There is some other compelling reason why the court should hear the appeal.

This is a higher bar than "real prospect of success". The court is asking whether this is an appeal that genuinely matters and ought to be heard, rather than one that is merely arguable. If two judges have already looked at the case and agreed, why should a third judge look again?

The second appeals test applies at all levels: Circuit Judge to High Court, High Court to Court of Appeal, Court of Appeal to Supreme Court. It ensures that appeals do not become endless. Once a case has been reviewed twice, it is very hard to get a third review.

What the appeal court can do

If your appeal succeeds, or partly succeeds, the court has several options. It will not automatically send the case back for a new trial. Here are the main powers.

Uphold the decision

The most common outcome. The appeal court reads the papers and agrees with the judge below. Your appeal fails. The original judgment stands, and you pay the costs of the appeal.

Vary the decision

The court agrees there was an error, but not such a serious one that the whole decision falls apart. It corrects the error and makes a new decision. For example, in a damages claim, the judge might have awarded the wrong amount. The appeal court might uphold liability but reduce the damages. You lose some of your appeal but not all.

Allow the appeal

The court agrees the decision was fundamentally wrong and reverses it entirely. In a civil case, this might mean you win the case and the other party pays your damages. In a criminal case, it might mean your conviction is quashed and you are freed (if on custody).

Order a retrial

In criminal cases, if the conviction is unsafe but it is not clear why, the court may order a new trial. You return to the Crown Court and the case is heard again. The prosecution must re-prove its case.

Remit to the lower court

The court finds an error but thinks the lower court should make the final decision afresh with the correct law in mind. For example, if the judge misdirected itself on damages, the court might remit the damages question back to the original judge, telling them to recalculate.

Day to day: what an appeal feels like

An appeal is a different animal from a trial. Here is what you can expect.

The waiting period

Once you file your application, there is a delay of weeks or months before you hear whether permission has been granted. The court system is slow. If you are in custody pending a criminal appeal, the delay is agonising. You can apply for bail or release pending appeal, but this is also difficult.

Permission decision

You receive a letter saying permission is granted or refused. If refused, the case is over (unless you can convince the court to reconsider). If granted, you move to the next stage.

Skeleton arguments

Both sides file written arguments (called "skeleton arguments") setting out their legal case. These are 10-20 pages, not a trial bundle of 500 pages. The appeal court will read these carefully. Your solicitor or barrister will draft them. They are the heart of an appeal.

Oral hearing (if granted)

Some appeals have an oral hearing; others are decided on the papers. If there is a hearing, you and your lawyer attend court and present arguments before three judges (or sometimes one or two). The judges will interrupt and ask questions. It is a conversation, not a speech. Be prepared for tough questions; judges probe weaknesses.

The judgment

The court issues a judgment. For big cases, there may be a delay of weeks before it is written up. For small cases, the court may give an oral judgment on the spot. Once the judgment is published, you know the outcome.

The aftermath

If you lose, that decision is usually final. You can ask for permission to appeal to the next court up, but you must clear a higher bar. If you win, the case may remit to the lower court for a retrial, or the decision is overturned entirely and you get what you asked for.

Common misconceptions

"An appeal is a chance to tell my story again."

False. An appeal is not a retrial. You cannot call new witnesses or give fresh evidence (with rare exceptions). The appeal court will read the transcript of your trial, not hear you speak.

"If I was unhappy with the judge's decision, I can appeal."

False. Being unhappy is not grounds for appeal. There must be a legal error, factual mistake, or procedural flaw. The judge's decision must be wrong, not just unpopular.

"I can appeal as many times as I want."

False. Time limits are strict. You have one chance to appeal within 21 or 28 days. After that, the door is closed (unless you can get an extension, which is rare). Further appeals (second appeals) face a much harder test.

"The appeal court will change the law to help me."

False. Appeal courts do not change the law to fit your case. They apply the law as it stands. If the law is unfair, that is a problem for Parliament, not the appeal court.

"Appealing will definitely delay my sentence."

Not necessarily. If you are in the Crown Court and you appeal, you may be released on bail pending appeal. But the court will not automatically let you out. And a sentence appeal does not automatically get a bail stay; the sentence begins to run unless the court orders a stay.

"An appeal is cheap."

False. Appeals are expensive. You must pay court fees (£20-£385 depending on the court), and unless you have legal aid, you must pay a solicitor and barrister. Costs can run into thousands. If you lose, you may also pay the other side's costs.

Related concepts

Judicial review

This is different from an appeal. It is available for some administrative decisions (decisions by public bodies) but not for trial decisions. It is much rarer and harder to get permission for.

Fresh evidence on appeal

You cannot usually introduce new evidence on appeal. But in exceptional cases (criminal appeals especially), if evidence is truly fresh and could have affected the outcome, the court may allow it. This is rare.

Bail pending appeal

If you are in custody and have appealed, you can apply for bail while your appeal is heard. The court will ask: is there a real prospect of success? And if the appeal fails, will you still be available for sentence? Most bail pending appeal applications fail.

Leave to appeal

This is another name for permission to appeal. Some older cases use this term.

Cascade of evidence

In criminal appeals, the court may order that evidence be laid before it. This is the process of gathering the trial evidence so the judges can review it.

Procedural fairness

This is the cornerstone of appeal law. Even if a judge got the law right, if the trial was unfair (you were not given a chance to present your case, or crucial evidence was hidden), that is grounds for appeal.

Manifestly excessive sentence

In criminal sentence appeals, this is the key phrase. The sentence must be so harsh that no reasonable judge could have imposed it.

Sources

• UK Civil Procedure Rules, Part 52 (Appeals): https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part52
• Criminal Appeal Act 1968, sections 1-2: https://www.legislation.gov.uk/ukpga/1968/19
• HM Courts and Tribunals Service, Appeals guidance: https://www.gov.uk/appeal-against-sentence-conviction
• UK Judiciary website: https://www.judiciary.uk

Written by Peter Kolomiets, founder of CaseCalm. UK content reviewed 2026-05-28.

This page provides information about UK appeals. It is not legal advice. If you are considering an appeal, speak to a solicitor or barrister about your specific circumstances.