Court of Appeal in the UK. What it does and how to appeal there.

The Court of Appeal is where cases go when a judgment at first instance was wrong. It's the second-highest court in England and Wales, sitting between the High Court and the Supreme Court. For most people in the justice system, a judgment from the Court of Appeal is final.

If you've lost at trial or in a higher court and the decision feels wrong, you need to understand what the Court of Appeal actually does, whether you can get permission to appeal, and what your chances are.

Here's the calm, plain-English answer.

The short version

The Court of Appeal reviews decisions made by lower courts. It decides whether the judge made an error of law, whether the judge's findings of fact were wrong (in narrow circumstances), whether new evidence has surfaced that would have changed the outcome, or whether the judge's decision was procedurally unfair.

The Court of Appeal has two divisions: the Civil Division (reviews civil cases like contract disputes, personal injury, family financial matters) and the Criminal Division (reviews criminal convictions and sentences).

To appeal, you must first get permission from the Court. This is a gate that filters out weak appeals. Roughly 50% of permission applications are refused. If you get permission, your case will be heard by a panel of judges (called Lord Justices of Appeal, or Justices of Appeal). You will submit written arguments (called Skeleton Arguments) and attend a hearing where you or your barrister will argue the case in front of the judges.

The court can allow your appeal (and overturn the judgment, order a new trial, or reduce a sentence), dismiss it (and uphold the lower court's decision), or remit the case back to the lower court for reconsideration.

At a glance

What the Court of Appeal actually does

The Court of Appeal is not a retrial. It does not hear witnesses again, it does not take new evidence (unless it's genuinely new), and it does not retry the facts of what happened.

What it does do is this:

• Check for errors of law. Did the judge apply the law correctly? Did they misinterpret a statute, get a legal principle wrong, or ignore a piece of case law that changes the answer? This is the strongest ground for appeal.
• Review findings of fact. Only in narrow circumstances. If the judge made findings of fact at trial (what actually happened), the Court of Appeal is reluctant to overturn these because the judge saw the witnesses and heard their evidence. But if the findings were clearly wrong, unsupported by evidence, or reached in a way that was procedurally unfair, the Court can reverse them.
• Consider fresh evidence. If you've found evidence that wasn't available at trial, that's a proper ground for appeal. The evidence must be important enough that it would likely have changed the outcome.
• Check procedural fairness. Did the lower court follow the right process? Were you given a fair hearing? Were the rules of evidence applied correctly? Procedural unfairness can ground an appeal.

The Court will not appeal a case just because it thinks the lower court reached the wrong answer on the facts. It will appeal a case if there was legal error, procedural unfairness, or a miscarriage of justice.

The two divisions

Civil Division

The Civil Division handles appeals from civil cases. These include:

• Contract disputes.
• Personal injury claims.
• Family financial cases (divorce settlements, child support).
• Employment disputes.
• Landlord and tenant disputes.
• Consumer claims.
• Negligence cases.
• Any case decided by the County Court or High Court.

In the Civil Division, permission to appeal can be granted by the lower court at the time of judgment, or you can apply to the Court of Appeal itself. Many judges will grant permission if they think the appeal raises a genuine point of law or significant procedural issue. If the lower court refuses permission, you can still apply to the Court of Appeal for permission.

Permission is evaluated on paper. You submit written arguments explaining why you think there's an error. The Court reads your submission and the judgment, and decides whether the appeal has a real prospect of success or is important for a point of legal principle.

Criminal Division

The Criminal Division handles appeals from criminal convictions and sentences. These include:

• Appeals against conviction (saying the conviction was unsafe).
• Appeals against sentence (saying the sentence was too harsh).
• Cases referred from the Criminal Cases Review Commission (an independent body that investigates potential miscarriages of justice).

In the Criminal Division, permission to appeal is similarly assessed on paper. The appeal must raise a real prospect of success or involve an important point of legal principle. If permission is refused, you can ask for an oral hearing in front of the judges (called an "oral renewal"), where you or your barrister can argue in person for why the appeal should be heard.

Who sits in the Court of Appeal

The Court of Appeal has approximately 40 Lord Justices of Appeal (and Lady Justices of Appeal). These are senior judges, typically with 15 to 25 years of experience in the law.

The Civil Division is headed by the Master of the Rolls, the second-most senior judge in England and Wales (after the Lord Chief Justice of England and Wales). The Criminal Division is headed by the Lord Chief Justice.

When your case is heard, you will appear before a panel of judges. In the Civil Division, this might be 1, 2, or 3 judges depending on the complexity and importance of the case. In the Criminal Division, it's usually 2 or 3 judges.

The judges sit in open court. Members of the public and the press can attend hearings. Judgments are published and publicly available, usually on the Find Case Law website (find-case-law.nationalarchives.gov.uk).

How to get permission to appeal

Step 1: Check the time limit

You must apply for permission to appeal within a strict time limit. This is set out in the Civil Procedure Rules (for civil cases) or Criminal Procedure Rules (for criminal cases).

In civil cases, you generally have 21 days from the date of the judgment to apply for permission. This can be extended, but only in limited circumstances. If you miss the deadline, you'll have to apply for an extension of time, which itself is a hurdle.

In criminal cases, you have 28 days from conviction to apply for permission. Again, this can be extended, but the later you apply, the more you have to explain why you didn't apply earlier.

Step 2: Get representation (usually)

You can represent yourself in the Court of Appeal, but it's difficult. The written submissions (Skeleton Arguments) must follow strict formatting rules. The court expects them to be precise, well-researched, and carefully argued.

Most people who appeal instruct a barrister. A barrister will review your case, advise you on whether you have a real prospect of success, prepare the written submission, and argue your case at the hearing.

If you can't afford a barrister, legal aid is available in criminal cases and some civil cases (family, judicial review, certain public law cases). If you're eligible, legal aid will cover the cost of representation.

Step 3: Prepare your application

You'll need to file:

• Grounds of Appeal. A document setting out, clearly and concisely, what you say the lower court got wrong. In civil cases, this is usually part of the Notice of Appeal. In criminal cases, this is the Grounds of Appeal form.
• A case bundle. Copies of the key documents: the claim, the defence, the judgment, any orders made.
• Evidence. Copies of any new evidence you want to rely on.
• A Skeleton Argument. In civil cases especially, this is crucial. It's a concise written argument (typically 15 to 30 pages) setting out the law, the facts, and why you think the lower court was wrong.

Your barrister will prepare these documents. There are strict formatting rules: margins, font size, page limits, paragraph numbering. The court will reject documents that don't follow the rules.

Step 4: Submit and wait

You file the documents with the Civil Appeal Office (for civil cases) or the Criminal Appeal Office (for criminal cases). There is a fee, unless you're in receipt of legal aid.

A judge will read your application on paper. They're looking for whether your appeal has a real prospect of success or involves an important point of legal principle. This is a high bar. The judge is essentially asking: "Is this appeal worth the court's time?"

If the judge thinks it is, permission is granted. If not, you can ask for an oral hearing, where you (or your barrister) can argue in front of the judges why they should grant permission. This oral hearing is called an "oral renewal" of permission.

Grounds for appeal

What can you appeal on? Here are the main ones.

Error of law

The judge misapplied the law. They interpreted a statute incorrectly, got a legal principle wrong, or ignored a binding case precedent. This is the strongest ground for appeal, because the Court of Appeal is the arbiter of the law.

Example: The judge said that under a particular contract, you owed the other party money. But the law on that type of contract has changed since the lower court's decision. The Court of Appeal can correct this.

Findings of fact clearly wrong or unsupported by evidence

This is harder to succeed on, because the judge who heard the witnesses has an advantage: they saw the witnesses in person and assessed their credibility. The Court of Appeal is reluctant to second-guess this.

But if the findings of fact are plainly wrong, or there's no evidence at all to support them, the Court can overturn them.

Example: The judge found that you had agreed to something, but the only evidence was a document you didn't sign, from someone who never testified. This might be overturned.

Fresh evidence

If you've found evidence after the trial that wasn't available before, and it's so important that it would likely have changed the outcome, you can appeal on this basis.

The test is strict. The evidence must be:

• Admissible (not hearsay, not excluded by the rules of evidence).
• Important enough that it would probably have affected the judgment.
• Evidence you couldn't have found with reasonable diligence before trial.

Example: You discover a document after trial that proves the other party was lying. You can appeal to introduce this evidence.

Procedural unfairness or breach of natural justice

If you didn't get a fair hearing. If the judge was biased, or appeared biased. If you were denied the chance to put your case. If the judge applied the wrong test or ignored your evidence without explanation.

Example: The judge refused to let you call a witness, without giving you a chance to explain why that witness was important.

Time limits

Civil cases: 21 days from judgment (extendable, but with difficulty).

Criminal cases: 28 days from conviction (extendable, but you'll have to explain the delay).

These time limits are strict. Missing them is costly. If you want to appeal, act quickly.

What happens at a hearing

If your application for permission is granted, your case will be listed for a hearing. You'll be given a date weeks or months in advance.

The hearing takes place at the Royal Courts of Justice on the Strand in London (though some hearings are now heard remotely via video).

You (or your barrister) will stand up before the panel of judges and argue your case. You'll have a limited amount of time, usually 30 minutes to 2 hours depending on the complexity. The judges will ask you questions. You have to answer them clearly and quickly.

The other side (or their barrister) will do the same.

The judges may reserve judgment (go away and write their decision, which comes out days or weeks later) or give judgment orally at the end of the hearing (rare, but it happens).

The judgment is usually published online on Find Case Law a few days or weeks later.

Possible outcomes

The Court of Appeal can:

1. Allow the appeal. They agree that the lower court was wrong. Depending on the type of case, they might:

   • Overturn the judgment and give you the judgment you should have had.
   • Order a new trial at the lower court.
   • Reduce a criminal sentence.
   • Remit the case to the lower court with directions (guidance on how to proceed).

2. Dismiss the appeal. They agree the lower court was right. The judgment stands. You lose.

3. Allow the appeal on one point but dismiss on another. Partially successful. You might win on the law but lose on the facts.

Costs implications

If you lose your appeal, you'll almost always be ordered to pay the other side's legal costs. This can be substantial: barrister fees, solicitor fees, court fees.

If you win, the other side will usually pay your costs.

If the appeal is dismissed, expect to pay £5,000 to £20,000 or more in costs, depending on the length and complexity of the appeal.

This is one reason people think carefully before appealing. The costs of fighting an appeal can be as much as the costs of the original case.

Common misconceptions

"The Court of Appeal will retry my case." No. It reviews the judgment, not the facts.

"I can appeal on any ground." No. Only specific grounds (error of law, procedural unfairness, fresh evidence, findings of fact clearly wrong).

"If I can afford a good barrister, I'll win." A good barrister helps, but success depends on the merits of your appeal, not the cost of your representation.

"The Court of Appeal always gives a reason for refusing permission." Not in writing. Many permission decisions come down with no written reason, just "permission refused". This makes it hard to know if you should try an oral renewal.

"Appealing buys me time." No. The appeal process is managed tightly by the court. Judgments usually come within months, not years.

Related concepts

If you found this page useful, these terms come up often in the same conversations and may be worth understanding:

• Grounds of Appeal. The formal statement of what you say the lower court got wrong.
• Skeleton Argument. The written summary of your legal arguments that you give to the judges before the hearing.
• Permission to appeal. The gate that filters out weak appeals. Most appeals have to get permission before they can be heard.
• Oral renewal. A hearing where you argue in front of the judges for why your permission application should be granted.
• Reserved judgment. When the judges go away and write their decision, rather than giving it orally at the end of the hearing.
• Remit. Send a case back to the lower court for reconsideration.
• Appellate court. A court that hears appeals (as opposed to a court of first instance, where cases start).
• Master of the Rolls. The head of the Civil Division of the Court of Appeal.
• Lord Chief Justice. The head of the Criminal Division of the Court of Appeal, and the second-most senior judge in England and Wales.

Sources

The information on this page is based on:

• Judiciary of England and Wales. Official information on courts and judges. https://www.judiciary.uk/
• Courts and Tribunals Judiciary. Court of Appeal Civil Division. https://www.gov.uk/courts-tribunals/court-of-appeal-civil-division
• Courts and Tribunals Judiciary. Court of Appeal Criminal Division. https://www.gov.uk/courts-tribunals/court-of-appeal-criminal-division
• Civil Procedure Rules. The rules governing civil appeals (Part 52).
• Criminal Procedure Rules. The rules governing criminal appeals (Part 36).
• Find Case Law. Publicly available judgments from the Court of Appeal. find-case-law.nationalarchives.gov.uk

This page was reviewed for accuracy on 2026-05-28. UK appeals rules change occasionally; check the gov.uk and judiciary.uk websites for the most current information.

A note on what this page is and isn't

This is information, not legal advice. It describes how the UK Court of Appeal works, not what you should do in your particular situation. If you have decided to appeal or are considering it, talk to a solicitor or barrister about your case.

CaseCalm helps litigants in person understand UK court procedures and draft their own documents. We are not a law firm and we are not authorised by the SRA. When your situation needs real legal advice, we point you to qualified professionals.

Written by Peter Kolomiets. Reviewed for accuracy 2026-05-28. Comments or corrections to peter@casecalm.com.