Time Limits for Appeals
Adhering to strict time limits is crucial for filing an appeal:
- Final Orders: You have 21 days to file an appeal against a decision intended to end litigation.
- Interlocutory Orders (case management): The time limit is 7 days.
Filing late appeals is possible but difficult. You must provide compelling reasons for the delay, and courts are generally reluctant to grant extensions. To avoid unnecessary risks, file your Appellant’s Notice (N161 or FP161) within the required timeframe.
Key Documents for an Appeal
When appealing, the following documents are typically required:
- Appellant’s Notice (N161 or FP161).
- Skeleton Argument outlining the legal basis of your appeal.
- Grounds of Appeal specifying why the original decision was wrong.
- A copy of the Order being appealed.
- The Order granting or refusing permission to appeal.
- Relevant witness statements, transcripts, or written reasons for the court's decision.
Some documents, such as transcripts or additional evidence, can be filed later. However, submitting the Appellant’s Notice on time is critical.
Permission to Appeal
Most appeals require permission to appeal, which can be sought:
- Orally at the original hearing.
- After filing your appeal papers.
Permission may be refused without a hearing if the court finds the appeal has no "real prospect of success." If this happens, you can request an oral reconsideration within 7 days.
The appellate judge grants permission only if the appeal demonstrates a realistic chance of success or raises a compelling reason for further review.
What the Appeal Court Considers
Appeal courts typically review the lower court’s decision rather than rehearing the case. They will allow an appeal if:
- The lower court’s decision was wrong based on the evidence presented.
- There was a serious procedural irregularity making the decision unjust.
The appeal court will not consider new evidence unless exceptional circumstances justify it.
Challenges of Appealing in Family Law
Family court judges have a broad discretion in decision-making, particularly in cases involving child arrangements or financial orders. This flexibility makes it difficult to successfully appeal unless the original decision is fundamentally flawed. The appellate judge must be convinced the trial judge was grossly wrong or acted unreasonably given the evidence.
Costs and Risks
- At the Permission to Appeal stage, the respondent is usually not required to attend, reducing the risk of costs being awarded against the appellant.
- If permission is granted and the appeal proceeds, costs may be awarded if the appeal ultimately fails. Costs typically cover the respondent’s legal fees or part thereof.
Alternatives to an Appeal
In some cases, an appeal may not be the most effective remedy. Consider these alternatives:
- Application for Review or Rehearing: If new evidence emerges or a hearing was missed for valid reasons, you may apply for a review rather than an appeal.
- Judicial Review: If a decision-making process by a public body (e.g., CAFCASS) was flawed, a judicial review challenges the process rather than the outcome.
Appeal to Which Court?
The appropriate appeal court depends on the decision-making judge:
- Magistrates' Court: Appeals go to the Circuit Judge.
- District Judge (County Court): Appeals go to the Circuit Judge.
- District Judge (High Court) or Costs Judge: Appeals go to the High Court.
- Circuit Judge, Recorder, or High Court Judge: Appeals go to the Court of Appeal.
If the case involves an important point of principle or practice, or there is a compelling reason, it may be transferred to the Court of Appeal.
Real Prospect of Success
The Family Proceedings Rules 2010 require permission to appeal to be granted only if the case has a real prospect of success or raises a compelling reason for further examination. The term “real” means realistic rather than fanciful, as defined in AV v RM [2012] EWHC 1173 (Fam).
Practice Direction 30A – Appeals
For detailed procedural guidance, refer to Practice Direction 30A, which outlines appeal procedures in family law matters.
Conclusion
Appealing a family court decision is a rigorous process with strict time limits and a high threshold for success. Permission to appeal will only be granted if the case demonstrates a real chance of success or addresses significant legal concerns. Preparing a strong, well-documented appeal with a comprehensive skeleton argument is crucial.
If you are considering an appeal, seek expert advice to maximise your chances of success.