Grounds for appealing and preliminary considerations
Grounds for appealing and preliminary considerations

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Grounds for appealing and preliminary considerations
  • What can be appealed?
  • What will be the scope of any appeal?
  • When will the court allow an appeal?
  • What considerations apply to an appeal when one party fails to attend trial?
  • How will the doctrine of precedent affect my appeal?
  • Will the terms of the order or judgment under appeal be stayed?
  • When will the court allow fresh evidence on appeal?
  • When will the court allow a new point to be taken on appeal?
  • Referring issues to the lower court for determination—CPR 52.20(2)(b)
  • more

This Practice Note contains guidance to the provisions contained within CPR 52, CPR PD 52A, CPR PD 52B and CPR PD 52C. It provides general guidance on appeals and covers some of the initial considerations for appellants. It identifies some of the most common grounds of appeal in appeals to the County Court, the High Court and the Court of Appeal. For more information on the scope of this content, see: Civil appeals: general and preliminary considerations—overview.

In addition to all and any relevant CPR provisions, practitioners should also comply with any provisions in any court guide applicable to the division in which the case is proceeding, see Practice Note: Civil appeals—court specific guidance.

What can be appealed?

The appellate court’s function is to deal with 'judgments', 'orders' or 'determinations', or, to use non-technical terms, to deal with the 'result' or 'outcome' of the hearing in the lower court. The appellate court is generally not concerned with the 'findings' or 'reasons' given by the judge in their judgment, although there are ways to seek to challenge these by way of appeal.

For guidance on the extent to which appeals can be made against:

  1. a judgment which fails to give adequate reasons—see Practice Note: Permission to appeal—preliminary considerations—Appealing for failure to give adequate reasons for decision

  2. a judgment founded on an error of