Comprehensive Guide to Court and Tribunal Appeals Processes

General Principles of the Appeals Process

  • Right of Appeal: For parties who do not win their case, a right of appeal is normally available.
  • Basis of Appeal: An appeal is based purely on the decision reached in the specific case.
  • Appellate Forums:
    • Court Decisions: Appeals against a judge's decision are made to a judge in a higher court.
    • Tribunal Decisions: Appeals against tribunal decisions are directed to either the Upper Tribunal or the Employment Appeal Tribunal.
  • Prerequisites and Constraints:
    • Proper Grounds: There must be proper legal grounds for making an appeal.
    • Time Limits: Appeals are governed by strict time limits within which the process must be initiated.

Judicial Independence and Limits on Administrative Review

  • Prohibition of External/Administrative Review: It is not possible for court staff or other government officials to review a judgment made by the courts.
  • Principle of Judicial Independence:
    • The judiciary operates with complete independence.
    • Judges must be free to decide the outcome of cases without fear of interference from the Government or its administration.

Challenging Magistrates' Court Decisions

  • Methods of Challenge: Several ways exist to challenge decisions made by magistrates. The most appropriate method depends on the type of case and its particular circumstances.
  • Legal Advice Recommendation: Prior to lodging an appeal, individuals are strongly urged to seek legal advice regarding:
    • Legal procedure
    • Case merit
    • Financial cost
  • Criminal Case Appeals Procedure:
    • Hearing Body: Appeals against magistrates' court decisions in criminal cases are heard by the Crown Court.
    • Filing Process: The appeal is initially made to the magistrates' court.
    • Paperwork Transfer: Staff at the magistrates' court send the relevant case papers directly to the Crown Court.

Appeals from Crown Courts, County Courts, and High Courts

  • Appealable Matters: Appeals are permissible in both civil and criminal cases originating from Crown and county courts.
  • Requirement of Leave: In criminal cases, it is necessary to seek permission or 'leave' from a judge before an appeal can be made against a conviction.
  • Court of Appeal Divisions and Jurisdiction:
    • Court of Appeal Criminal Division: Handles applications for leave to appeal against decisions made by the Crown Court.
    • Court of Appeal Civil Division: Deals with the majority of appeals against the outcome of hearings in a county court or the High Court.

Legal Assistance and HMCTS Guidance Scope

  • Role of HMCTS Staff:
    • Permitted Assistance: Court staff from Her Majesty's Courts and Tribunals Service (HMCTS) are happy to offer procedural guidance.
    • Prohibited Assistance: Court staff are not permitted or trained to give legal advice or discuss whether an individual can or should appeal.
  • Avenues for Obtaining Legal Assistance:
    • Solicitors: A solicitor should be contacted for professional legal assistance.
    • Advice Agencies: A Citizen's Advice Bureau or other advice agency can be contacted, where legal advice is generally provided free of charge.
  • Magistrates' Court Decision Appeals: Guidance material titled Appeal a magistrates' court decision: What you can appeal.
  • Civil and Family Case Appeals: Form and guidance document Appealing against a court decision in civil and family cases (EX340).
  • County Court Appeals: External guide titled Appealing against a county court decision.