Appeals: an overview

by Practical Law Dispute Resolution

This Practice note provides a high-level introduction to the rules and key considerations for litigators handling non-specialist civil appeals. It outlines where the rules on appeals are found, including CPR 52, and covers preliminary points such as what constitutes an appeal, what can be appealed and who has standing to bring an appeal. It examines the key requirement (in most cases) for obtaining permission to appeal (PTA), considering the criteria under the CPR (a real prospect of success or some other compelling reason) and case law on it. The note describes the destinations (routes) of appeal and the distinction between first and second appeals. It addresses adducing fresh evidence on appeal and taking new points on appeal and also considers the limited circumstances in which an appeal may be re-opened.