Is an appeal a second chance to present my case?

Appeals are not a rehearing of the original case. Instead, they review whether the original decision was wrong in law, wrong on the facts, or procedurally unjust. Most appellate courts will not hear new evidence unless there is good reason why it was not available at the first hearing.

How long do I have to file an appeal?

The time limits vary by court. In civil courts, you have 21 days from the decision. For the Employment Appeal Tribunal, the limit is 42 days. If appealing from the Crown Court, you have 28 days. You must file your notice of appeal within these specific periods.

What should my grounds of appeal say?

Grounds must be specific. Simply stating 'the judge was wrong' is not sufficient. You must identify the specific legal error, the factual finding that cannot be supported, or the procedural issue. Vague complaints do not meet the requirements for a valid appeal.

Do I need permission to appeal?

You can seek permission from the original court at the conclusion of the hearing or from the appellate court. Time limits apply to these applications. Permission is required in most civil and employment appeals before the substantive hearing can take place.

What documents do I need to prepare for the hearing?

You should prepare a skeleton argument setting out your grounds and supporting law, using neutral and precise language. You also need a bundle of relevant case law and statutory authorities, the transcript of the original judgment, and the full bundle of original documents. If you have new evidence, you must list it and explain why it was unavailable initially.

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preparation

Civil / Criminal Procedure

Updated 2026-04-09

Preparation Checklist for an Appeal Hearing

How to prepare for an appeal against a court judgment, tribunal decision, or administrative decision.

Overview

Appeals are not a rehearing of the original case — they review whether the original decision was wrong in law, wrong on the facts, or procedurally unjust (CPR r.52.21). Most appellate courts will not hear new evidence unless there is good reason why it was not available at the first hearing. The grounds of appeal and the notice of appeal are the framework within which the entire hearing is conducted — they must be carefully drafted.

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Grounds of Appeal

Written grounds of appeal identifying the specific errors of law, fact, or procedure(Essential)

Grounds must be specific — 'the judge was wrong' is not a ground; identify the legal error or the specific finding that cannot be supported

Permission to appeal application (required in most civil and employment appeals)(Essential)

Permission can be sought from the original court at the conclusion of the hearing, or from the appellate court — time limits apply

Notice of appeal filed within the relevant time limit(Essential)

Civil courts: 21 days from the decision; Employment Appeal Tribunal: 42 days; Crown Court: 28 days

New Evidence

List of any new evidence and explanation of why it was not available at the first hearing (Ladd v Marshall [1954] criteria)

Application to adduce fresh evidence if necessary

Legal Arguments

Skeleton argument setting out the grounds of appeal and supporting law(Essential)

Use neutral, precise language focused on the legal errors — appellate judges are not impressed by rhetoric

Relevant case law and statutory authorities (bundle of authorities)(Essential)

Transcript of the original judgment or decision (obtainable from the court or tribunal)(Essential)

Full bundle of original documents as before the lower court(Essential)

Related Guides

Related Rights

Your Rights to Legal Aid

Official Resources

Civil Procedure Rules — Part 52 (Appeals) →Court of Appeal — How to Appeal →

Frequently asked questions

Is an appeal a second chance to present my case?: Appeals are not a rehearing of the original case. Instead, they review whether the original decision was wrong in law, wrong on the facts, or procedurally unjust. Most appellate courts will not hear new evidence unless there is good reason why it was not available at the first hearing.
How long do I have to file an appeal?: The time limits vary by court. In civil courts, you have 21 days from the decision. For the Employment Appeal Tribunal, the limit is 42 days. If appealing from the Crown Court, you have 28 days. You must file your notice of appeal within these specific periods.
What should my grounds of appeal say?: Grounds must be specific. Simply stating 'the judge was wrong' is not sufficient. You must identify the specific legal error, the factual finding that cannot be supported, or the procedural issue. Vague complaints do not meet the requirements for a valid appeal.
Do I need permission to appeal?: You can seek permission from the original court at the conclusion of the hearing or from the appellate court. Time limits apply to these applications. Permission is required in most civil and employment appeals before the substantive hearing can take place.
What documents do I need to prepare for the hearing?: You should prepare a skeleton argument setting out your grounds and supporting law, using neutral and precise language. You also need a bundle of relevant case law and statutory authorities, the transcript of the original judgment, and the full bundle of original documents. If you have new evidence, you must list it and explain why it was unavailable initially.