Appeals - When You Can And When You Can't Have Another Bite Of The Cherry

• Published date: 02 March 2022
• Subject Matter: Litigation, Mediation & Arbitration, Trials & Appeals & Compensation
• Law Firm: Giambrone & Partners
• Author: Mr Khizar Arif

The appeals process exists for those who are unhappy with the outcome of a case. An appellant can apply to a higher, more authoritative, court to review the judgement of a lower court. Apart from the appeals process, a litigated claim cannot be brought again in another court.

Appeals

Civil cases start in the County Court, High Court or, for employment cases, in the Employment Tribunal. Whether the case is started in the County Court or the High Court depends on the value of the claim. County Court decisions are appealed in the High Court, and employment Tribunal decisions are appealed in the Employment Appeal Tribunal. As a solely appellate court, the Court of Appeal hears appeals from the High Court, including both cases originating from the High Court and County Court, and from the Employment Appeal Tribunal. Lastly, Court of Appeal decisions are appealed in The Supreme Court which serves as the court of final appeal in the UK. In rare cases, High Court decisions can be appealed directly to The Supreme Court.

Grounds of Appeal

To appeal a decision, you must file with the court the grounds for your appeal. There are many grounds that could lead to an appeal. For example, if a judge fails to give adequate reasons for his decision, or if the judgement was founded on an error of law. Generally, an appeal court is very reluctant to intervene when an appellant is seeking to reverse a trial judge's...