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.
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)