The detailed forms such as N161, FP161, N162, N244, N461 and the Family Procedure Rules referred to on this page mainly apply to England and Wales.
Scotland and Northern Ireland have their own court systems, appeal routes, forms and procedural rules.
Separate official links are included later in this guide.
What Is an Appeal?
Appeals are not normally a “retrial.”
An appeal asks a higher court to review whether:
- The law was applied incorrectly
- The procedure was unfair
- The judge made a serious error
- The decision was unreasonable or wrong in law
- Important evidence was wrongly excluded or misunderstood
Different rules apply for:
- Civil cases
- Family cases
- Criminal cases
- Tribunals
- Magistrates’ courts
- Crown Court cases
- High Court appeals
- Supreme Court appeals
In family proceedings, the appeal court will normally allow an appeal where the lower court's decision was wrong, or unjust because of a serious procedural or other irregularity.
Civil appeal rules contain similar requirements.
An appeal is therefore normally about identifying an appealable error, not simply asking another judge to make the decision again.
1 Main Appeal Courts Structure
Civil & Family – Simplified Overview
| Original Court | Possible Appeal Court |
|---|---|
| County Court | County Court circuit judge, High Court or Court of Appeal depending on who made the decision and the type of case. |
| Family Court | Family Court, High Court or Court of Appeal depending on the judge and type of proceedings. |
| High Court | Usually Court of Appeal, although some decisions have a different first appeal route. |
| Court of Appeal | Supreme Court, subject to permission and the correct legal route. |
Criminal – Simplified Overview
| Original Court | Possible Appeal Court |
|---|---|
| Magistrates’ Court | Crown Court, or High Court by case stated / judicial review where legally appropriate. |
| Crown Court | Court of Appeal – Criminal Division – for qualifying conviction or sentence appeals. |
| Court of Appeal | Supreme Court in qualifying cases involving an important point of law. |
The correct appeal court can depend on:
- The type of case
- The level of judge who made the decision
- Whether the decision was already made on appeal
- The legislation governing the proceedings
2 Key Appeal Principles
Appeals are usually based on:
- Error of law
- Procedural unfairness
- Serious factual mistake
- Decision outside the proper exercise of judicial discretion
- A decision that is wrong
- A serious procedural or other irregularity that made the decision unjust
Appeals are not usually allowed simply because:
- You disagree with the outcome
- You lost
- You would prefer another judge's view
- You want another hearing without identifying an appealable error
3 Permission to Appeal
Most appeals require:
Permission to Appeal
For many civil first appeals, permission may be granted if:
- The appeal has a real prospect of success
- OR there is some other compelling reason for the appeal to be heard
Permission may be requested:
- At the original hearing where the rules allow
- From the appeal court through the appellant's notice
Permission to appeal is now required for appeals from decisions made by lay justices or a bench of lay justices in the Family Court, subject to the exceptions contained in the Family Procedure Rules.
A refusal by the lower court does not necessarily mean every appeal route has ended.
The relevant rules may allow permission to be requested from the appeal court.
Check the decision and deadline immediately.
4 Civil Appeals – County Court / High Court
Main Civil Appeal Forms
Main appellant's notice for most civil appeals and many family appeals.
It is not used for small-claims-track appeals or appeals to the Family Division of the High Court.
Official Form N161The official N161 page contains different guidance documents, including family appeal guidance.
N161 and Guidance NotesUsed to appeal an order in a case allocated to the small claims track.
Official Form N164Used by an appeal respondent where they need to seek a different result or rely upon additional grounds under the applicable appeal rules.
Official Form N162Used for many applications within civil proceedings, including some applications concerning enforcement, stays, variations or procedural issues.
Official Form N244Where the lower court has not ordered a different period and no special rule applies, a civil appellant's notice normally needs to be filed within:
21 days of the lower court's decision.
5 Family Court Appeals
Appeal a Decision in a Family Law CaseCommon Family Appeal Situations
- Child arrangements
- Non-molestation orders
- Occupation orders
- Financial remedies
- Care proceedings
- Fact-finding decisions
- Relocation orders
- Specific Issue Orders
- Prohibited Steps Orders
- Enforcement decisions
Main Family Appeal Forms
N162
Respondent's notice for qualifying appeals other than appeals to the Family Division of the High Court.
Official N162FP162
Respondent's notice specifically for appeals to the Family Division of the High Court.
Official FP162If the judge sets an appeal deadline, follow that deadline.
If no deadline is set, the usual family appeal deadline is:
21 days
However, some decisions have a shorter:
7-day deadline
including certain:
- Case-management decisions
- Interim care orders
Family Appeal Route Examples
- A decision by magistrates / lay justices will generally first appeal within the Family Court.
- A decision by a district judge in the Family Court will generally appeal within the Family Court.
- Many private-law decisions by a circuit judge or recorder appeal to the High Court.
- Certain public-law and adoption decisions by a circuit judge or recorder can appeal directly to the Court of Appeal.
- A decision by a High Court judge normally appeals to the Court of Appeal.
6 Magistrates’ Court Appeals
Appeal a Magistrates’ Court DecisionA. Appeal to Crown Court
Usually against:
- Conviction
- Sentence
- Both conviction and sentence
A criminal appeal from the Magistrates' Court to the Crown Court normally needs to be filed within:
15 working days
If late, the appellant normally needs to explain the delay.
B. Case Stated Appeal to High Court
Used where the challenge concerns matters such as:
- An alleged error of law
- A question concerning jurisdiction
An application asking the magistrates to state a case normally has a:
21-day deadline
C. Judicial Review
Judicial review may sometimes be appropriate for procedural or public-law errors.
If another statutory appeal route is available and adequate, judicial review may not be the correct route.
7 Crown Court Criminal Appeals
Appeal a Crown Court DecisionYou can seek to appeal:
- A conviction
- A sentence
- Both conviction and sentence
Time Limits
Usually:
- 28 days for conviction appeals
- 28 days for sentence appeals
Late appeals normally require:
- An extension of time
- An explanation for the delay
Criminal Appeal Forms
8 Judicial Review
Judicial review can challenge the lawfulness of decisions or actions involving:
- Public authorities
- Government departments
- Local authorities
- Ministers
- Tribunals or courts in appropriate circumstances
- Other bodies exercising public-law functions
Judicial review is normally heard in the:
Administrative Court
Form N463 can be used for an application for urgent consideration.
Administrative Court GuidanceA judicial review claim generally needs to be filed:
Promptly and in any event within 3 months.
Some categories have much shorter deadlines.
9 Tribunal Appeals
Common tribunals include:
- Immigration
- Employment
- Benefits and social security
- Tax
- SEND
- Mental health
- Property
- General Regulatory Chamber
Appeals often move:
First-tier Tribunal → Upper Tribunal → Court of Appeal
Different tribunal chambers have different appeal and permission procedures.
Always read the decision notice and tribunal rules.
Upper Tribunal – Administrative Appeals Chamber
For many appeals, permission must first be requested from the tribunal that made the decision.
A common deadline is often:
28 days
but tribunal-specific rules apply.
Upper Tribunal – How to AppealEmployment Tribunal Appeals
Employment Tribunal appeals normally go to the:
Employment Appeal Tribunal – EAT
The normal EAT appeal deadline is:
42 days
The appeal normally needs to arrive by:
4pm on the final day.
10 Court of Appeal – Civil Division
Court of Appeal – Civil DivisionCommon Time Limits
- 21 days for many qualifying County Court decisions
- 21 days for many qualifying Family Court decisions
- 21 days for many qualifying High Court decisions
- 28 days for certain Upper Tribunal decisions
Some appeals have a shorter 7-day deadline or another statutory period.
The lower court can also specify the appeal deadline in its order.
11 Court of Appeal – Criminal Division
The Criminal Division handles matters including:
- Conviction appeals
- Sentence appeals
- Certain prosecution appeals
- Confiscation matters
- Other criminal appeal jurisdictions
12 Supreme Court Appeals
The UK Supreme Court is the highest appeal court in the United Kingdom for qualifying cases.
It generally deals with:
- Important points of law
- Issues of wider public importance
- Questions suitable for determination by the UK's highest court
Permission is normally required.
Subject to special statutory rules, an application to the Supreme Court for permission to appeal normally needs to be filed within:
28 days
of the relevant lower court order refusing permission.
The UK Supreme Court has civil jurisdiction from Scotland but does not operate as the general criminal appeal court for Scottish criminal convictions.
13 Criminal Cases Review Commission – CCRC
The CCRC deals with alleged miscarriages of criminal justice.
It can investigate:
- Wrongful convictions
- Wrongful sentences
- Possible miscarriages of justice
Where its statutory test is met, it can refer a case back to an appeal court.
CCRC applications are generally made after normal appeal routes have been used.
14 Important Appeal Documents
Skeleton Argument
A structured legal summary setting out:
- The issues
- Relevant legal principles
- The argument
- Authorities relied upon
- The result sought
Grounds of Appeal
Explains:
- What error is alleged
- Why the decision is said to be wrong or unjust
- Which finding, legal principle or procedure is challenged
Grounds should not simply repeat the original witness statement or list every disagreement with the original judge.
Appeal Bundle
May contain:
- The order being appealed
- Judgment or reasons
- Application documents
- Relevant evidence
- Witness statements
- Transcripts
- Previous orders
- Authorities
Transcript
A transcript may be particularly important where the appeal concerns:
- What the judge said
- The judge's reasoning
- Procedural fairness
- Evidence given orally
- A disputed factual finding
Take the necessary steps to protect the appeal within the deadline even if the transcript is still being obtained.
15 Stays Pending Appeal
You can ask the relevant court to:
Stay enforcement or operation of an order.
This may be important for:
- Evictions
- Financial enforcement
- Orders
- Warrants
- Possession proceedings
- Family orders
For family appeals, filing an appeal does not automatically operate as a stay.
A stay usually needs to be specifically ordered.
N244 is often relevant to applications in civil proceedings.
Family proceedings may require a different application form or procedure.
Check FPR Part 30 and the relevant court directions rather than automatically using N244.
16 Costs Risks in Appeals
Appeals can involve:
- Court fees
- Legal costs
- Opponent’s legal costs
- Transcript charges
- Application fees
- Security for costs in some proceedings
Weak or improperly pursued appeals may result in:
- Permission refusal
- Strike out
- Costs orders
- Conditions being placed on further proceedings
You may be eligible for help with court fees if you have a low income, limited savings or receive qualifying benefits.
17 Common Reasons Appeals Fail
- Mere disagreement with the judge
- No identifiable legal error
- No serious procedural error
- Missing the appeal deadline
- Poor grounds
- Wrong appeal court
- Wrong form
- Failure to seek permission
- Trying to reargue the original case
- Incomplete appeal documents
- Failure to provide the relevant order
- Failure to provide reasons or transcript where needed
- Trying to introduce new evidence without permission
For each proposed ground identify:
- What the judge decided
- What the alleged error was
- Where that error appears
- Which law or rule applies
- Why the error affected the decision
- What order you want the appeal court to make
18 Appeals Based on New Evidence
Fresh evidence may sometimes be allowed where:
- It could not reasonably have been obtained earlier
- It is credible
- It could materially affect the outcome
Civil courts have traditionally considered the:
Ladd v Marshall principles
Appeals usually review the material that was before the lower court.
An appeal is not automatically an opportunity to rebuild the original case with new evidence.
19 Time Limits Summary
The court order, statute or procedural rules can impose a different deadline.
| Type | Common Period | Important Note |
|---|---|---|
| Civil appeal | Usually 21 days | Where the court has not set another period and no special rule applies. |
| Family appeal | Usually 21 days | Can be 7 days for certain decisions. |
| Magistrates → Crown Court | Usually 15 working days | Current criminal appeal procedure. |
| Magistrates – Case Stated | Usually 21 days | Separate High Court route. |
| Crown Court conviction / sentence | Usually 28 days | Check the precise starting point. |
| Court of Appeal – Civil | Usually 21 days | Exceptions apply. |
| Upper Tribunal → Court of Appeal | Often 28 days | Tribunal-specific rules apply. |
| Employment Tribunal → EAT | 42 days | Normally must arrive by 4pm. |
| Supreme Court permission | Usually 28 days | Permission route must be followed. |
| Judicial Review | Promptly and normally within 3 months | Some cases have much shorter deadlines. |
20 Official Master Lists of Forms
All Court & Tribunal Forms
Official Forms CollectionFamily Appeal Forms
- N161
- N161D
- N162
- FP161
- FP161A
- FP162
- FP162A
- FP244 where applicable
Criminal Procedure Forms
Criminal Procedure Rules & Forms21 Key Courts & Organisations
HM Courts & Tribunals Service
HMCTSCourt of Appeal – Civil
Official GuidanceUK Supreme Court
UK Supreme CourtCriminal Cases Review Commission
CCRCEmployment Appeal Tribunal
Employment Appeal TribunalAppealing a Family Court Decision – Practical Checklist
Check exactly what order was made, who made it and the date.
Was the decision made by magistrates, district judge, circuit judge, recorder or High Court judge?
Use GOV.UK and Practice Direction 30A.
Read the court order and determine whether 21 days, 7 days or another deadline applies.
The appeal needs to identify why the decision is said to be wrong or unjust.
Use EX107 where appropriate but do not miss the appeal deadline while waiting.
Separate each alleged error into a numbered ground.
Usually N161 for appeals to the Family Court or Court of Appeal, or FP161 for the Family Division of the High Court.
Complete the relevant permission section.
An appeal does not automatically suspend the original order.
Building Strong Grounds of Appeal
State exactly which finding, order or part of the judgment is challenged.
Explain the legal mistake, factual mistake or procedural irregularity.
Refer to the relevant:
- Transcript
- Order
- Evidence
- Statute
- Rule
- Practice Direction
Explain how the alleged error materially affected the decision.
Examples:
- Set aside the order
- Vary the order
- Remit the case for reconsideration
- Order a rehearing where appropriate
- Substitute another order where legally permitted
Evidence, Reasons and Transcripts
Sealed Order
The appeal court needs to know exactly what was ordered and when.
Judgment / Reasons
Appeal grounds should address the reasoning used by the lower court.
Transcript
A transcript can be particularly important where the order alone does not explain the reasoning.
Chronology
A short chronology can help explain the procedural history.
The appeal normally focuses on whether the lower court made an appealable error based on the material before it.
It is not automatically an opportunity to rebuild the original case with new evidence.
Scotland – Separate Appeal System
The England and Wales appeal structure does not simply transfer to Scotland.
Scottish courts include:
- Sheriff Courts
- Sheriff Appeal Court
- Court of Session
- High Court of Justiciary
Northern Ireland – Separate Appeal System
Northern Ireland has its own courts, legislation and procedural rules.
Do not use an England and Wales N161, Family Procedure Rules deadline or Magistrates' Court appeal procedure without confirming that it applies.
Get Legal Help
Appeals can be legally difficult because the appellant normally needs to identify an appealable error rather than simply show that another decision could have been made.
Key Things to Remember
- An appeal is normally a review, not a complete retrial.
- You need legal grounds, not merely disagreement.
- Permission to appeal is commonly required.
- The correct appeal court depends on the original court, judge and case type.
- Family appeals do not all follow the same route.
- N161 and FP161 are not interchangeable.
- Appeal deadlines can be extremely short.
- Some family decisions have a 7-day deadline.
- Magistrates-to-Crown-Court criminal appeals normally have a 15 working-day deadline.
- Crown Court criminal appeal applications normally have a 28-day period.
- Employment Appeal Tribunal appeals normally have a 42-day period.
- An appeal does not automatically suspend the original order.
- New evidence normally requires permission.
- Transcripts can be important, but do not miss an appeal deadline waiting for one.
- Costs may be ordered against an unsuccessful appellant.
- Scotland and Northern Ireland use different appeal systems.
Right First Time UK
Understand the decision.
Identify the error.
Check the appeal route.
Check the deadline.
Use the correct form.
Support every ground with evidence, law and clear reasoning.
An appeal should focus on why the decision was legally wrong or procedurally unjust — not simply why the outcome was disappointing.
This page provides general public legal information and signposting. It is not individual legal advice and does not replace advice from a solicitor, barrister or other suitably qualified adviser.
Most of the detailed N-series and FP-series forms on this page relate to England and Wales.
Scotland and Northern Ireland have different procedures.
Appeal routes and deadlines can depend on:
- The individual court order
- The legislation involved
- The level of judge
- The type of case
- The appeal court
Always check the sealed court order and current official procedural rules immediately after a decision.
Court forms, fees, procedural rules and deadlines can change.
Page checked: 28 August 2026.