ARCHIVED: This Practice Note has been archived and is not maintained. NOTE: SAVE FOR WHERE THE APPEAL NOTICE WAS FILED OR PERMISSION TO APPEAL WAS OBTAINED BEFORE 1 OCTOBER 2012, THIS PRACTICE NOTE IS FOR HISTORIC PURPOSES ONLY. For guidance on the current provisions applying to starting an appeal, see Practice Notes: Grounds for appealing and preliminary considerations, Starting an appeal—destination of civil appeals and Starting an appeal—general provisions. Further, the CPR rules and practice directions referred to in this guidance will link through to the existing provisions and not those effective before 1 October 2012. For the pre-October 2012 provisions, please see the attached PDF documents. Form of notice The appellant's notice sets out the appellant's case for the appeal. It is in a prescribed form: • Form N164 to appeal small claims track decisions • Form N161 to appeal all other cases (apart from appeals to the Supreme Court) Appellant's notice—small claims The appellant must file and serve the notice in Form N164. The following documents must also

Arbitration analysis: Under French law, appeals against exequatur orders may take the form of either a request to annul (annulation) or to overturn (réformation). These have distinct procedural implications: the former is limited to formal defects; the latter opens the door to substantive review akin to annulment of awards rendered in France. Both must be explicitly pleaded, and in due time. The International Commercial Chamber of the Paris Court of Appeal, in a decision dated 8 July 2025, held that, in an appeal against an order granting exequatur of an arbitral award rendered abroad, the appellant must explicitly and distinctly request that the exequatur order be overturned—and not merely set aside, within three months of filing the appeal. Otherwise, the court will consider that it has not been properly seized of the claim and will decline to rule on it. This decision highlights the strict procedural requirements under Articles 908, 910-4, and 954 of the French Code of Civil Procedure (the ‘FCCP’) and serves as a reminder for practitioners to clearly set out all claims in the operative part of their submissions within the prescribed time limits. Written by Raphaël Kaminsky and Giorgos Zachariadis, of Teynier PIC.

An appellate court is a court that hears appeals from decisions of lower courts or tribunals, rather than trying cases from scratch or hearing new evidence. In practice, it reviews alleged errors of law, procedure or, more rarely, findings of fact, and may uphold, vary, set aside or order a retrial of the decision under appeal.Across the UK and Ireland, “appellate court” is a descriptive term rather than a single defined statutory concept. Key appellate courts include the Court of Appeal (England and Wales, and Northern Ireland), the Sheriff Appeal Court and Court of Session (Inner House) in Scotland, and the Court of Appeal in Ireland. The UK Supreme Court and the Supreme Court of Ireland function as final appellate courts in most civil and many criminal matters.Appeals are governed by specific procedural rules (for example, the Civil Procedure Rules, Criminal Procedure Rules, Act of Sederunt or Irish court rules) and almost always require permission to appeal. For practitioners, understanding appellate jurisdiction, standard of review, time limits and remedies is critical for advising on appeal prospects, preserving points of law and formulating appropriate appellate advocacy.

Dispute Resolution analysis: This case involved applications to rectify procedural errors: (1) the appellant had failed to serve the claim form in time, having served an unsealed version and subsequently failing to serve the correct sealed version of the claim form; and (2) the respondent had failed to specify in its acknowledgement of service and the relevant application seeking an order that the claim be struck out due to non-compliance with CPR 7.5 that it contested the court’s jurisdiction under CPR Part 11. In relation to the first error, the appellate court held that the District Judge was correct to refuse either to dispense with service or retrospectively to extend the time for service. However, in relation to the second error, the appellate court was willing to exercise its discretion to treat the respondent’s application to strike out the claim as including an application for a declaration that the court had no jurisdiction to hear it, taking into consideration that the declaration sought by the respondent was clear from the witness statement served in support of it and compliance with CPR 11(1) would have been achieved by adding minimal wording which was implicit in any event. Written by Anna Gilbert, counsel at Hausfeld & Co LLP and Simon Bishop, partner at Hausfeld & Co LLP.

Law360: British car service company Addison Lee can't overturn an order requiring it to pay £125,000 to continue relying on certain arguments in its defence as it fights hundreds of drivers claiming worker status, an Employment Appeal Tribunal has ruled.

Appellate jurisdiction describes a court’s power to hear and determine appeals from decisions of a lower court or tribunal, rather than to conduct an original trial of the facts. In legal practice it concerns reviewing alleged errors of law, procedure or (more rarely) fact, and may result in affirming, setting aside, varying, or remitting the decision under appeal.In the UK and Ireland the term is used descriptively across civil and criminal proceedings and is shaped by statute and case law governing each appeal route. The scope of appellate jurisdiction is defined by the relevant enabling legislation (for example, the Senior Courts Act 1981, Criminal Appeal Acts, devolution statutes, and equivalent Irish and Northern Irish legislation) and court rules, which specify who may appeal, time limits, grounds of appeal and available remedies.Usage is broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland, although the structure of the appellate courts differs. Practitioners commonly distinguish between appeal as of right and appeal with permission/leave, and between first‑instance jurisdiction and appellate jurisdiction when advising on forum, standard of review, prospects of success, and costs and delay risks.

Appellate procedure describes the rules and steps for challenging a judgment or order in a higher court, from permission/leave to appeal to disposal. The term is descriptive; rules are set by statute and court rules in each jurisdiction.Core features include strict time limits; a notice of appeal setting out grounds; permission/leave in most cases; a standard generally of review rather than rehearing; deference to primary findings of fact; and exceptional admission of fresh evidence (England & Wales and Northern Ireland under Ladd v Marshall; Scotland and Ireland under statutory/exceptional tests). Appellate courts may affirm, vary, set aside, remit or order a retrial; stays and costs/sentencing issues commonly arise.Routes and sources vary: England & Wales (CPR Part 52; Criminal Appeal Act 1968; Court of Appeal and Supreme Court). Scotland (Criminal Procedure (Scotland) Act 1995; Sheriff Appeal Court; Inner House; High Court of Justiciary). Northern Ireland (Rules of the Court of Judicature (NI); Court of Appeal). Ireland (Rules of the Superior Courts; Court of Appeal Act 2014; Court of Appeal; Supreme Court leave for issues of general public importance or in the interests of justice).

Appellate review is the process by which a higher court examines a decision of a lower court or tribunal to determine whether it contains an error of law, a material procedural irregularity, or, in some cases, an unreasonable or plainly wrong factual finding or exercise of discretion. It is central to the appellate system in England and Wales, Scotland, Northern Ireland and Ireland, and is governed by legislation, court rules and case law rather than a single statutory definition.Appellate review is generally not a rehearing of the whole case. The appellate court usually considers the existing record, written and oral submissions, and the judgment or determination under challenge. The standard and intensity of review differ depending on whether the appeal is on law only, fact, or mixed fact and law.Across the UK and Ireland, appellate courts may affirm, set aside, vary or remit the decision. Leave or permission to appeal is often required, filtering out unmeritorious challenges. Appellate review underpins consistency of legal interpretation, development of precedent and the correction of serious injustice in both civil and criminal proceedings.

An appendix within the rules'>Immigration Rules providing a route for applications based on family life, made on or after 9 July 2012. The provision caters for applications made as a partner, bereaved partner, victim of domestic abuse, child, parent, adult dependant relatives and those with exceptional circumstances.

The five-year partner and parent routes in the Immigration Rules, Appendix FM have strict eligibility requirements. If an applicant partner or parent is applying for leave to remain and cannot meet all the requirements, consideration will be given to whether the Immigration Rules, Appendix FM, para EX.1 applies. This is one of the three arms of the ten-year route to settlement for such applicants (the other two being the ‘Exceptional circumstances’ provisions in the Immigration Rules, Appendix FM, paras GEN.3.1 and GEN.3.2). This Practice Note looks at whether para EX.1 will apply. The clearest example of where para EX.1 will be the most relevant/appropriate provision is where the applicant partner has a genuine and subsisting parental relationship with a British child. For applications by partners, para EX.1 may be relevant where: • the applicant partner is in a genuine and subsisting relationship with the sponsoring partner but cannot meet certain of the requirements of Appendix FM, Family life as a partner • the applicant partner is in a genuine and subsisting relationship with the sponsoring

This Practice Note looks at the of ‘Exceptional circumstances’ provisions found in para GEN.3.1‒3.3 of the Immigration Rules, Appendix FM, which may apply where a partner, child or parent applying under Appendix FM does not meet all of the requirements of the five-year route. They may also apply where an application for leave to remain made in another category is considered under Appendix FM. Unlike para EX.1, which only applies to applications for leave to remain, the ‘Exceptional circumstances’ provisions apply to all applications for entry clearance and leave to remain. On 22 February 2017, the Supreme Court handed down its decision in R (MM (Lebanon)) v Secretary of State for the Home Department (SSHD). This decision upheld the lawfulness of the ‘minimum income threshold’ for partner and children applications made under Appendix FM of the Immigration Rules, but found that the Immigration Rules and related Home Office guidance failed to take proper account of the Secretary of State for the Home Department’s (SSHD) duty under section 55 of the Borders, Citizenship

The suitability requirements in Appendix FM mirror, to a certain extent, the grounds for refusal which are set out in the Immigration Rules, Part 9. For details of these grounds, see: Suitability grounds for refusal and re-entry bans—overview. The Immigration Rules, Part 9, para 9.1.1(a) confirms that the Part 9 grounds for refusing applications for entry clearance or leave to remain do not apply to applications made under the Immigration Rules, Appendix FM, save for: Immigration Rules, Part 9, para 9.8.2, which applies only to entry clearance applications (previously contrived in a significant way to frustrate the intention of the rules or aggravating circumstances). There are also a number of Part 9 grounds which will apply to refusal of leave to enter at port, and in relation to cancellation of existing leave, for persons who have leave under Appendix FM. In many cases, the Home Office guidance which covers the relevant aspect is the same for both Part 9 and Appendix FM suitability grounds,