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Appeals

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Appeals

What you can Expect from Us

We are serious about fighting for justice and have over 20 years experience in the legal profession.

We pre-vet your case free of charge within 2 hours whenever possible and without obligation.

If you have a good case we quickly pass it to a senior barrister who will consider it for no win no fee. A small administrative fee is only payable when we seek a barrister's opinion. If the barrister agrees, he will take on the case on a no win no fee basis.

We can also insure you against paying your opponent's legal costs. Our Panel barristers and solicitors don't just run cases - they win cases and it is they and not you who take the risk.


Do I need permission to Appeal?

In most cases, you will require Permission to Appeal. That permission can be granted by the Judge who originally heard the case and whose decision you wish to Appeal or (if not sought from him, or sought and refused) you apply to the Court to which you are Appealing, for that Permission. Generally, in order to obtain that permission, the Judge will evaluate whether you have a real prospect of success in your Appeal. Initially, you can seek permission in writing, but, if that is refused, you can then renew the Application orally (i.e. in open Court).

Do I pay A court fee?

If The Legal Company takes on your case, you should not have to pay the Court Fee. Similarly, if you are in receipt of Income Support, Pension Guarantee Credit and certain other state benefits, you will be exempt from paying the Court fee. You may also be able to rely upon “undue hardship.”

When can I appeal?

The date by which you must lodge your Appeal will usually be given in the Order you are appealing. If no date is specifically mentioned, you will have to file your Appeal within 21 days of the date of the decision you are appealing. Whilst you may be able to apply for an extension of time, it is always preferable not to have to make such Application.

Which court do I appeal to?

Which Court you appeal to depends upon where your original hearing was, and before whom.

  • If your hearing was before a District Judge in the County Court, your Appeal will generally be to a Circuit Judge in the County Court.

  • If the decision was made by a Circuit Judge (other than a final decision in a multi-track claim) your Appeal is heard by a High Court Judge.

  • If the decision you are appealing was made by a Master or District Judge in a High court Claim, your Appeal is to a High Court Judge.

  • Your Appeal is to the Court of Appeal (Civil Division) if you are appealing a decision made by a Circuit Judge, Master or District Judge that was a Final Decision in a Multi-Track Claim. This is heard not at a local Court but only at the Royal Courts of Justice in London.

  • Similarly, if the decision was made by a High Court Judge, your Appeal is to the Royal Courts of Justice.

Who can appeal?

Either party can Appeal if they are not happy with the original decision. Either Party will require Permission to Appeal.

Which court rules cover appeals?

Part 52 of the Civil Practice Rules, together with Practice Direction 52, deals with Appeals. All Parties to an Appeal must comply with the Practice Direction.

An Appeal will only be allowed, at the permission stage where the Court considers that the Appeal would have a “real prospect of success” or “there is some other compelling reason why the Appeal should be heard.”

Any Application to vary time must be made to the Appeal Court

An Appeal Notice may not be amended without the permission of the Appeal Court.

The fact that a Part 36 Offer or Payment into Court has been made must not be disclosed to the Appeal Court Judge(s) until all questions other than costs have been decided on the Appeal.

If it is a second Appeal, the court of Appeal will not give permission unless it considers that the Appeal would raise an important point of principle or practice or there is some other compelling reason for the Court of Appeal to hear it.

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