How to use the appeal checker
- Say who made the decision. A District Judge or Circuit Judge in the County Court, a Master, costs judge or District Judge of the High Court, a High Court Judge, or an authorised court officer.
- Say what kind of decision. Final or interim, a small claim, a decision in detailed assessment, or a decision on an appeal from a costs officer; and whether it was itself made on appeal.
- Enter the date of the decision. The day it was given at the hearing or the judgment handed down, and any different period the judge set for appealing.
- Say what happened on permission. Whether the judge was asked for permission to appeal, and whether it was granted or refused.
- Read the answer. The appeal court, permission, the last day for the appellant’s notice, the form, the fee, the respondent’s notice and the next steps, each with its rule. Copy it for the file.
Routes of appeal in civil cases
The Access to Justice Act 1999 (Destination of Appeals) Order 2016 sets where a first appeal goes, and Table 1 of Practice Direction 52A sets it out for proceedings other than family and insolvency proceedings. The destination is the same whether the decision is interim or final (PD 52A para 3.5). A Recorder counts as a Circuit Judge (PD 52A para 3.4), a Deputy District Judge as a District Judge (County Courts Act 1984, s.5(1)(b)), and a deputy Master or deputy District Judge of the High Court as the office they act in (DoA Order art 4(1)(c)).
| Decision of | Decision | Appeal to | Source |
|---|---|---|---|
| District Judge (or deputy) (County Court) | Any, including small claims and detailed assessment | Circuit Judge in the County Court | DoA Order art 5(3); PD 52A Table 1 |
| Circuit Judge or Recorder (County Court) | Any | High Court Judge | DoA Order art 5(1); PD 52A Table 1 |
| Master, costs judge or District Judge (or deputy) (High Court) | Any, including detailed assessment, in a High Court case | High Court Judge | DoA Order art 4(1); PD 52A Table 1; PD 52B para 1.1(c) |
| Costs judge (London County Court case, assessed in the Costs Office) | Detailed assessment, or an appeal from a costs officer | The Designated Civil Judge for the London Group of County Court hearing centres, or a judge they nominate (notice lodged at the Central London Civil Justice Centre), unless a CPR 47.4(2) order made the Costs Office, as part of the High Court, the appropriate office. Warning: on its face DoA Order art 5(1)(c)(i) points to the High Court; if permission was refused, follow the court the order names (CPR 52.3(3)(b)) | PD 47 para 4.2(2)(c); CPR 47.4(2); DoA Order art 5(1)(c)(i) |
| High Court Judge (High Court) | Any | Court of Appeal | PD 52A Table 1 |
| Authorised court officer | Detailed assessment | Costs judge or District Judge of the High Court (re-hearing, no permission) | CPR 47.22 and 47.24; PD 47 paras 20.2 and 20.4 |
| A judge deciding an appeal | Second appeal | Court of Appeal (permission from it only) | DoA Order art 6; CPR 52.7; PD 52A para 4.7 |
A second appeal, from a decision itself made on appeal, goes to the Court of Appeal and not to any other court (art 6; PD 52A para 4.7), except where the first decision was an authorised court officer’s: art 6 excludes those, and PD 52A para 3.5 says the same. Our reading is that an appeal from a costs judge’s decision on a costs officer appeal therefore goes to a High Court Judge under art 4 in a High Court case, or, in a case from a London County Court hearing centre assessed in the Costs Office, to the Designated Civil Judge for London (PD 47 para 4.2(2)(c)).
London County Court cases assessed in the Costs Office. A costs judge’s decision in a case from a London County Court hearing centre (Barnet, Brentford, Bromley, Central London, Clerkenwell and Shoreditch, Croydon, Edmonton, Ilford, Kingston, Mayors and City of London, Romford, Uxbridge, Wandsworth or Willesden), assessed in the Costs Office: unless an order under CPR 47.4(2) made the Costs Office, as part of the High Court, the appropriate office, PD 47 para 4.2(2)(c) says the appeal lies to the Designated Civil Judge for the London Group of County Court hearing centres, or a judge they nominate, and the appeal notice is lodged at the Central London Civil Justice Centre. The fee is still fee 5.4. If the costs judge refused permission, the order must say which court any further application goes to (CPR 52.3(3)(b)): follow it. On its face art 5(1)(c)(i) of the Destination of Appeals Order would send such an appeal to the High Court, so the checker does not give one firm answer for these cases.
Permission to appeal
Permission is required for an appeal from a decision of a judge in the County Court or the High Court (CPR 52.3(1)(a)). It may be asked for from the lower court at the hearing at which the decision is made, or an adjournment of it, or from the appeal court in the appellant’s notice (CPR 52.3(2)). If the lower court refuses, a further application can be made to the appeal court, and the order refusing permission must say which court and which level of judge should hear it (CPR 52.3(3)). Permission is given only where the appeal would have a real prospect of success or there is some other compelling reason for it to be heard (CPR 52.6).
In the County Court and the High Court, the appeal court decides permission on paper unless it directs a hearing; a refusal on paper can be reconsidered at an oral hearing if asked for within 7 days after service of the notice of refusal, unless a High Court Judge, a Designated Civil Judge or a Specialist Circuit Judge refuses it as totally without merit and orders that it may not be reconsidered (CPR 52.4). For a second appeal, permission comes only from the Court of Appeal, which needs a real prospect of success and an important point of principle or practice, or some other compelling reason (CPR 52.7). A small claim dealt with without a hearing, or in a party’s absence at their request, needs the permission application to go to the appeal court (PD 27A para 8.2).
The 21-day time limit
The appellant’s notice must be filed at the appeal court within the period the lower court directs at the decision hearing, which may be longer or shorter, or otherwise within 21 days after the date of the decision (CPR 52.12(2)). The 21 days are clear days, so the day of the decision is not counted, and if the last day falls when the court office is closed, filing on the next open day is in time (CPR 2.8). The date of the decision is the date of the hearing at which it is given, ex tempore or by hand-down (McDonald v Rose [2019] EWCA Civ 4 at [21](1)), or, where the decision is announced with reasons to follow, the date of the announcement ([22]). Asking for an adjournment to deal with permission does not stop time running unless the judge extends it ([21](5)).
The parties cannot agree to extend the time (CPR 52.15(2)). A late appellant’s notice must include an application for an extension of time, stating the reason for the delay and the steps taken before applying (PD 52B para 3.2; PD 52C para 4). The sealed notice must then be served on each respondent as soon as practicable and, where the appellant serves it, not later than 14 days after it is sealed (CPR 52.12(3), as amended from 1 October 2025).
The respondent’s notice
A respondent who wants permission to appeal, or wants the decision upheld for different or additional reasons, must file a respondent’s notice (CPR 52.13(2)), on Form N162. It is due 14 days after the respondent is served with the appellant’s notice (where permission was given below or is not needed), or with notification that the appeal court has given permission, or that permission and the appeal will be heard together, unless the lower court directs otherwise; it is served within 7 days after filing (CPR 52.13(4) to (6)).
Forms N161, N164 and N162
- Form N161: the appellant’s notice for every appeal except small claims, including the Court of Appeal (PD 52B para 4.1; PD 52C para 3(1)) and appeals from an authorised court officer (PD 47 para 20.3). See our guide to Form N161.
- Form N164: the appellant’s notice in small claims (PD 27A para 8A; PD 52A para 4.2). There is no duty to obtain a transcript in a small claims appeal (PD 52B para 6.2), and the cost of an approved transcript reasonably incurred is recoverable (CPR 27.14(2)(i)).
- Form N162: the respondent’s notice.
Appeal court fees
From 13 July 2026, under Schedule 1 to the Civil Proceedings Fees Order 2008 (EX50). Fees 2.2 and 2.3 are also paid on a respondent’s notice where the respondent is appealing or asks for the decision to be upheld for other reasons; in the Court of Appeal that second kind of respondent’s notice is fee 13.2.
| Fee | When | Amount |
|---|---|---|
| 2.3(a) | Appellant’s notice, appeal in the County Court, small claims track | £151 |
| 2.3(b) | Appellant’s notice, appeal in the County Court, other claims | £175 |
| 2.2 | Appellant’s notice, appeal to the High Court | £302 |
| 5.4 | Appeal against a decision in detailed assessment proceedings (in place of 2.2 and 2.3) | £290 |
| 13.1(a) | Court of Appeal: notice asking for permission or an extension of time | £663 |
| 13.1(b) | Court of Appeal: notice where permission is not needed or was granted below | £1,504 |
| 13.1(c) | Court of Appeal: appeal questionnaire, unless fee 13.1(b) was paid | £1,504 |
The civil court fees calculator has every other civil fee.
Appeals in detailed assessment
An authorised court officer’s decision in detailed assessment proceedings can be appealed by any party (CPR 47.21) to a costs judge or a District Judge of the High Court (CPR 47.22). The appeal notice is filed within 21 days after the decision (CPR 47.23(1)), should be in Form N161, and needs no permission and no written reasons (Practice Direction 47, para 20 paras 20.2 and 20.3). The court serves it and gives notice of the hearing (CPR 47.23(2)), and the appeal is a re-hearing (CPR 47.24; para 20.4). File with it, if possible, a record of the decision: an approved transcript, the officer’s comments on the bill, or agreed advocates’ notes (para 20.5). In the Costs Office, authorised court officers deal with bills of up to £35,000 (senior executive officers) or £110,000 (principal officers), base costs excluding VAT (PD 47 para 3.1).
Cases from the London County Court hearing centres in PD 47 para 4.2(1) are assessed in the Costs Office. There, unless an order under CPR 47.4(2) made the Costs Office, as part of the High Court, the appropriate office, an appeal from any decision of a costs judge, including a decision on an appeal from a costs officer, lies to the Designated Civil Judge for the London Group of County Court hearing centres or a judge they nominate, and the appeal notice is lodged at the Central London Civil Justice Centre (PD 47 para 4.2(2)(c)). The fee is still fee 5.4. Because art 5(1)(c)(i) of the Destination of Appeals Order points to the High Court on its face, check the order: if the costs judge refused permission, it must name the court for any further application (CPR 52.3(3)(b)).
Every other appeal arising out of detailed assessment, or out of a summary assessment, goes under Part 52 to the usual appeal court, with permission (PD 47 para 20.1). An appeal against a decision made in detailed assessment proceedings carries fee 5.4 (£290) in place of fees 2.2 and 2.3. For the steps before any appeal, from the notice of commencement to the final costs certificate, use the detailed assessment deadline calculator.
Where to file: appeal centres
Appeals within the County Court, from the County Court and within the High Court are brought in the appropriate appeal centre, where any respondent’s notice and applications are filed too (PD 52B para 2.1). Table A of PD 52B lists the County Court appeal centre for each hearing centre. Table B lists the High Court appeal centres: Midland, Birmingham; North Eastern, Leeds; Northern, Manchester, with Wrexham listed on the row after it; Wales, Cardiff; Western, Bristol; South Eastern, the Royal Courts of Justice. A costs judge’s decision in a London County Court case assessed in the Costs Office is lodged at the Central London Civil Justice Centre (PD 47 para 4.2(2)(c)). Appeals to the Court of Appeal go to the Civil Appeals Office, by the HMCTS e-filing service where the appellant is legally represented (PD 52C para 3(2)).
After filing
- Serve the sealed notice on each respondent as soon as practicable and, where you serve it, within 14 days after sealing (CPR 52.12(3)); then file a certificate of service (PD 52B para 6.1).
- Apply for an approved transcript within 7 days of filing where the judgment was officially recorded, or keep the written judgment, or agree a note for the judge to approve (PD 52B para 6.2), except in small claims.
- File the appeal bundle within 35 days of filing the notice (PD 52B para 6.3).
- In the Court of Appeal: the skeleton argument and approved transcript go in with the notice (PD 52C para 3(4)), and the core bundle for a permission application within 14 days of sealing (para 14).
- An appeal is not a stay of the order (CPR 52.16). It is a review, not a re-hearing, unless a practice direction makes different provision or the court considers a re-hearing in the interests of justice (CPR 52.21(1)).
What the checker does not cover
- Family proceedings, insolvency (PD 52A Table 2), Companies Acts proceedings and contempt.
- Statutory appeals and appeals by way of case stated (PD 52D and PD 52E), judicial review appeals (CPR 52.8 and 52.9) and appeals from tribunals.
- The Intellectual Property Enterprise Court, leapfrog appeals and appeals to the Supreme Court.
- Whether there are grounds of appeal, or whether an appeal should be brought.
Related tools
- CPR deadline calculator, for other CPR time limits
- Detailed assessment deadline calculator
- Civil court fees calculator
- Security for costs checker, including security for the costs of an appeal (CPR 25.29)
- Costs order decoder, for what the order under appeal says about costs
- All free tools and quick answers
Sources
- Destination of Appeals Order 2016 (art 3, art 4, art 5 and art 6); County Courts Act 1984, s.5; Senior Courts Act 1981, Sch 2 Part 2
- Civil Procedure Rules Part 52 (rules 52.1, 52.3, 52.4, 52.5, 52.6, 52.7, 52.12, 52.13, 52.15, 52.16 and 52.21), CPR 2.8, CPR 3.1 and CPR 27.14
- Practice Direction 52A (paras 2.2, 3.3 to 3.5, Table 1, 4.1 to 4.7 and Section V), Practice Direction 52B (paras 1.1, 2.1, 2.2, 3.2, 4.1 to 4.3, 6.1 to 6.5, 8.3 and Tables A and B), Practice Direction 52C (paras 3, 4, 5A, 7, 9, 14 and 19), Practice Direction 52D, Practice Direction 27A, paras 8.2 and 8A and Practice Direction 2A
- CPR Part 47 (rules 47.4, 47.21, 47.22, 47.23 and 47.24) and Practice Direction 47 (paras 3.1, 4.2 and 20)
- Civil Proceedings Fees Order 2008, Sch 1 (fees 2.2, 2.3, 5.4, 13.1 and 13.2) and EX50 civil court fees
- Form N161 (GOV.UK), Form N164 (GOV.UK) and Form N162 (GOV.UK)
- McDonald v Rose [2019] EWCA Civ 4