For a list of key Pensions Ombudsman determinations we have reported on, see Practice Note: Pensions ombudsman determination tracker. The appeal process in summary The starting point is that a determination by the Pensions Ombudsman (the Ombudsman) of a complaint or dispute and any consequential direction given in relation to a scheme is final and binding on: • the person by whom, or on whose behalf, the complaint or reference to the Ombudsman was made • any person (if different) responsible for the management of the scheme to which the complaint or reference relates, and • any person claiming under those persons However, this is expressly subject to the statutory right of appeal contained in section 151(4) of the Pension Schemes Act 1993 (PSA 1993), as to which: • an appeal may be brought against a determination and/or consequential directions that are final and binding (see: What determinations and decisions may be the subject of an appeal?, below) • an appeal can only be brought

Local Government analysis: The Court of Appeal held that an appeal against an improvement notice under the Housing Act 2004 must be determined by reference to whether the local housing authority was wrong to serve the notice when it did, not by conditions existing at the tribunal hearing. Subsequent remedial works cannot retrospectively invalidate the notice, although later-discovered evidence may be relevant to the correctness of the original decision. The court also confirmed that, when considering unreasonable conduct costs under rule 13 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, a party may rely on the correct legal position, notwithstanding its failure to appeal the substantive decision. Practitioners should therefore focus appeals on the position at service, while authorities should ensure notices are precise and retain adequate inspection records. Produced in partnership with Clive Adams, partner, and Zach Plunkett, graduate solicitor apprentice of Birketts LLP.

Appeals can be made in respect of most types of planning decisions. The appeal procedure and time limits vary depending on the type of appeal. For information on appeals against decisions relating to planning applications, see Practice Note: Planning appeals. In all cases, it may be advisable before making an appeal to contact the relevant local planning authority (LPA) to discuss the grievance, as the situation may be resolved much more quickly and easily than by taking more formal action. In England, Planning Practice Guidance (PPG) and guidance published by the Planning Inspectorate (PINS) provide advice on appeals against a variety of planning decisions. In Wales, the Welsh government has published a series of guidance notes on the various procedures for appeals against a variety of planning decisions. The government in England and Wales have also published specific guidance for each type of appeals, set out in the relevant categories below. Procedure for appeal In England, section 319A of the Town and Country Planning Act 1990 (TCPA 1990) gives the Secretary of State the power to

Law360, London: A London appeals court said 9 May 2025 that a fencing company cannot attempt to void a rival's UK design protection because it is a 'clone' of a EU design right that it has already tried to revoke.

Law 360, London: An appeals court on Tuesday, 23 July 2019 upheld the conviction of a British Alstom subsidiary over bribes paid to secure a valuable African infrastructure project, finding that the executives involved in the case did not have to be present for the transportation giant to get a fair trial.

Restructuring & Insolvency analysis: On an appeal before Mr Justice Zacaroli, the High Court heard a broadly successful appeal founded in large part on a failure of the trial judge to give reasons for their decisions. In summary, the appeal court held that on a number of issues the reasons given by the trial judge had been inadequate such that there would need to be a retrial of large parts of the appellant’s application. However, the court dismissed the appellant’s appeal as regards the adequacy of reasons regarding the judge’s decision on detrimental reliance suffered by the second respondent as well as an appeal against a costs order made in favour of the first respondent. The judgment provides a helpful review of the relevant authorities as well as an example of the practical application of the relevant legal principles. While appeals founded on inadequacies in judicial reasoning are comparatively rare, if the judgment below does not permit the losing party to properly understand the reasons why the judge has found against them, the only recourse may be to appeal on that basis. Written by James Hannant, barrister at Guildhall Chambers.

This Practice Note covers the process for appealing from the EAT, including the usual route of appealing to the Court of Appeal and from there to the Supreme Court plus the leapfrog route of appealing an employment case directly from the EAT to the Supreme Court. For appeals to the Court of Appeal it considers applications for permission, applications for extension of time to appeal, applications for costs and the Practice Guidance on Court of Appeal hear-by dates. In relation to leapfrog appeals to the Supreme Court it covers applications for certificates to the EAT, time limits, applications for costs and the discretion of the Supreme Court. Appeals to the Court of Appeal The usual route of appeal from the Employment Appeal Tribunal (EAT) in England and Wales is to the Court of Appeal. This may only be made on a point of law and only with permission, either from the EAT or the Court of Appeal. Except in the case of an appeal from a Rule 3(7ZA) or Rule 3(10) order, an application for permission

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. 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. CPR 52 (old) CPR PD 52 (old) Venues Where the appeal is from a decision of the county court or a district judge of the High Court, the CPR sets out which specific court should hear the appeal. Consult CPR PD 52, paragraphs 8.1–8.14. Appeal hearings are normally limited to a review of the decision of the lower court unless: • a practice direction provides otherwise, or • it would be in the interests of justice to hold a re-hearing Hearings will normally be confined

There are a number of statutory rights of appeal in confiscation proceedings under Part 2 of the Proceeds of Crime Act 2002 (POCA 2002), including appeals in relation to: • confiscation orders • variations of confiscation orders (note that there is no right of appeal to the Court of Appeal against a Crown Court's refusal to vary a confiscation order under POCA 2002, s 23. See R v Ward) (see Practice Note: Confiscation orders—to vary or discharge) • determinations under POCA 2002, s 10A (see Practice Note: Determining the recoverable amount under POCA 2002—Determining the defendant's and third party interests in property) • compliance orders (see Practice Note: Compliance orders made in conjunction with confiscation orders), and • management and enforcement receivers (see Practice Note: Appointment of receivers in restraint proceedings) • realisation of property (see Practice Note: Enforcement of confiscation orders—Power to sell seized personal property to satisfy a confiscation order (realisation of property orders)) • restraint orders (see Practice Note: Restraint orders) Appeals against confiscation orders A

Appeals—the general position in litigation Appeals in litigation are governed by CPR 52 and its practice directions, being CPR PD 52A, CPR PD 52B, CPR PD 52C, CPR PD 52D and CPR PD 52E. The applicable practice directions, broadly speaking, deal with the following: • CPR PD 52A contains general provisions relating to appeals • CPR PD 52B contains provisions for appeals in the County Court and High Court • CPR PD 52C contains provisions for appeals in the Court of Appeal • CPR PD 52D contains provisions relating to statutory appeals and appeals subject to special provision • CPR PD 52E contains provisions relating to appeals by way of case stated Grounds for appealing An appeal will only be allowed if the appeal court is satisfied that the decision of the lower court was: • wrong, or • unjust because of a serious procedural or other irregularity in the proceedings in the lower court Appeals will generally be limited to a review of the lower court's decision. Oral or new evidence will not be admissible

Appeals in litigation are governed by CPR 52 and its Practice Directions: • CPR PD 52A contains general provisions relating to appeals • CPR PD 52B contains provisions for appeals in the County Court and High Court • CPR PD 52C contains provisions for appeals in the Court of Appeal • CPR PD 52D contains provisions relating to statutory appeals and appeals subject to special provision • CPR PD 52E contains provisions relating to appeals by way of case stated Grounds for appealing and preliminary considerations An appeal will only be allowed if the appeal court is satisfied that the decision of the lower court was: • wrong, or • unjust because of a serious procedural or other irregularity in the proceedings in the lower court Appeals will generally be limited to a review of the lower court's decision. Oral or new evidence will not be admissible unless permission has been granted. Given the tight time limits in initiating and responding to an appeal, there are some important preliminary considerations

This Practice Note details the procedure on appeal in public law children proceedings together with guidance on the role of the appellate court and orders that may be made pending appeal. It also sets out guidance on the particular considerations that apply to each route of appeal and relevant case law. See also Practice Notes: Appeals—general principles, practice and procedure, Preparation for an appeal and orders that may be made and Applications for permission to appeal in the Family Court. Certain appeals from circuit judges and recorders are made to the High Court rather than the Court of Appeal, except where: • the appeal is from a decision or order in proceedings under Parts IV or V of the Children Act 1989 (ChA 1989), ChA 1989, Sch 2, para 19(1), or the Adoption and Children Act 2002 (ACA 2002) • the appeal is from a decision or order in exercise of the Family Court’s jurisdiction as to contempt of court, where that decision was made in, or in connection with, proceedings under ChA 1989, Pts IV or