Appeals—general principles, practice and procedure
Produced in partnership with David Salter of Mills & Reeve
Appeals—general principles, practice and procedure

The following Family guidance note Produced in partnership with David Salter of Mills & Reeve provides comprehensive and up to date legal information covering:

  • Appeals—general principles, practice and procedure
  • General principles
  • Forms and fees
  • Applications in appeals
  • Reopening of final appeals
  • Powers of strike out and conditions
  • Assignment to the Court of Appeal
  • Special cases
  • Costs

Reforms to the family justice system that took effect on 22 April 2014 made changes to appeals, in particular as a result of the introduction of the Family Court. Certain appeals from circuit judges and recorders lie to the High Court rather than the Court of Appeal from 3 October 2016. The key provisions are set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 at FPR 2010, SI 2010/2955, Pt 30 and FPR 2010, PD 30A and the Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2014, SI 2014/602 (as amended). See Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) (Amendment) Order 2016, SI 2016/891, art 4 as to the transitional provisions for appeals where the appeal notice was filed prior to 3 October 2016.

General principles

The rules for appeals in family proceedings are found predominantly in:

  1. FPR 2010, which governs appeals from and within the Family Court

  2. the Civil Procedure Rules 1998, SI 1998/3132 (CPR), which govern appeals to the Court of Appeal and to the Supreme Court—see Practice Note: Appeals to the Court of Appeal or the Supreme Court

The rules for appeals are similar whether the appeal falls under FPR 2010 or CPR.

The CPR also apply to appeals in proceedings that are not strictly family proceedings, such as those