Parties could appeal small claim judgment just in case if:
- have evidences that CCJ is wrong
- small claim process wasn’t followed properly
Parties couldn’t appeal based only on their thought or feeling. There must be solid evidence and fact here.
It is necessary to get permission to appeal to appeal a small claim judgment.
How to get permission to appeal:
- during a hearing asking the judge to give you permission to appeal
- by filing form N164 to the appeal court within 21 days of the decision or with the time defined by the judge.
- If request to appeal was refused at court hearing you need to file N164 to the Appeal Court.
In any case, asking permission to appeal or appealing it is need to file form N164.
Reply with reason of granting permission to appeal or refusing will be sent by the court with form N460.
What to do if permission to appeal was granted?
If Permission has been granted, appellant should complete appeal’s notice, provide supporting evidences/documents and pay the appeal fee £120.
Rules to appeal:
Remember that you must not include any grounds for appealing which rely on new evidence, that is evidence that has become available since the order was made. You may not produce new evidence in your appeal without first obtaining the permission of the appeal court.
How to file appeal?
By default, appellant has 21 calendar day of the date when the permission was granted if otherwise was set up in court order.
If you need to make additional application that support you appeal you need to make it in separate application notice – from N244 and pay additional fee - £255(if you are not eligible for court fee remission).
You may include into appeal bundle any documents which you assume are relevant to the appeal:
- statements of small claim case;
- application notices;
- a chronology of relevant events;
- witness statements
- a copy of any skeleton arguments filed by either yourself or the respondent
- any other documents which you consider would assist the court.
Appeal bundle must be served at the same time as it is filed with the court:
In the county court:
• three copies of the appellant’s notice for the appeal court and three copies of the grounds for appeal;
• one additional copy of the appellant’s notice and grounds of appeal for each of the respondents;
• one copy of the sealed (stamped by the court) order being appealed;
• a copy of any order giving or refusing permission to appeal; together with a copy of the judge’s reasons for allowing or refusing permission to appeal; and
• a copy of the legal aid or CLSF certificate (if legally represented).