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Free N161 Appellant’s Notice Builder

Led by Diellza Nika Hyseni and Mentor Nika · Updated 23 October 2026

Fill in the official HMCTS appellant’s notice in minutes: the appeal court, permission, the 21-day deadline and the fee worked out by the rules, an extension of time applied for if the notice is late, and your own grounds set out on a numbered Grounds of Appeal sheet. From DMD Costs, law costs draftsmen in Westhoughton, Bolton.

  • Free, with no sign-up
  • No paywall, no watermark
  • The official HMCTS form
  • Nothing leaves your browser

Fill in the boxes below; the checks, the appeal court, the last day and the fee update as you type. You write the grounds: the builder numbers them and sets them out on the Grounds of Appeal sheet. Nothing leaves your browser.

The claim
The first parties were
The second parties were
The appellant and the respondent
The decision you are appealing
The decision was made in
Legal representation
Is the appellant legally represented?
Does the appellant have a civil legal aid certificate?
Is the respondent legally represented?
Permission to appeal
At the decision hearing, permission to appeal was
The order, and the time for appealing
Write out the paragraphs you are appealing, as worded in the order. Anything too long for the box goes on the continuation sheet.
Is the notice filed in time?
Grounds of appeal
The grounds

One ground per box, in your own words: why the decision was wrong, or unjust because of a serious procedural or other irregularity. The builder numbers them and sets them out on the Grounds of Appeal sheet, with the claim number and the appellant’s name in the top right corner; it does not write or change them.

Skeleton argument and Aarhus claims
The skeleton argument is
Is it an Aarhus Convention claim (planning)?
What you ask the appeal court to do
Other applications and evidence
Vulnerability
Are you, or a witness for you, vulnerable in a way the court needs to consider?
Supporting documents

Documents you cannot supply yet: the title and the reason, and the date you expect to supply each. The form has room for ten; more go on the continuation sheet.

Signing the notice
The notice is signed by

The builder applies CPR Part 52, Practice Directions 52A, 52B and 52C, CPR 47.21 to 47.24 with Practice Direction 47 para 20, and the Civil Proceedings Fees Order 2008 as in force from 13 July 2026, as they stood on 23 October 2026, to the official form N161 (03.26), using the same rules as the appeal deadline and route checker. It fills in the form; it does not write grounds of appeal or say whether to appeal. An order of the court governs over the general rule. Check every box against your file before filing. It is a guide, not legal advice. Where a rule does not settle a point, the check says “our reading”.

Key points

  • DMD Costs’ N161 builder is a free online tool that fills in the official HMCTS Form N161, the appellant’s notice, and downloads it as a PDF with the user’s grounds set out on a separate “Grounds of Appeal” sheet, ready to check, sign and file.
  • It is completely free, with no sign-up or paywall, and runs in your browser; nothing you enter is sent to DMD Costs. It fills in the form and works out the dates and fee the rules fix; it does not write grounds of appeal or say whether to appeal.
  • Form N161 is used for every civil appeal except small claims track appeals (Form N164) and appeals to the Family Division of the High Court, including appeals to the Court of Appeal and from an authorised court officer in detailed assessment; a second appeal to the Court of Appeal in a small claim uses N161 too (PD 52B para 4.1; PD 52C para 3(1); PD 47 para 20.3).
  • The notice must be filed within 21 days after the date of the decision, unless the lower court directs a different period at the decision hearing (CPR 52.12(2)); some appeals have their own limits, such as 7 days for an appeal against a refusal of permission for judicial review (CPR 52.8) and, from 1 October 2026, 21 days from the grant of permission for Arbitration Act decisions that need the deciding court’s permission (CPR 62.10A(3)). The parties cannot agree to extend it; a late notice must itself apply for an extension, giving the reason for the delay and the steps taken (CPR 52.15; PD 52B para 3.2; PD 52C para 4).
  • Permission to appeal is asked for in the notice where the lower court refused it or was not asked (CPR 52.3 and 52.12(1)). For a second appeal only the Court of Appeal can give it (CPR 52.7). No permission is needed to appeal an authorised court officer (PD 47 para 20.2).
  • The grounds of appeal go on a separate sheet attached to the notice, entitled “Grounds of Appeal”, in numbered paragraphs, saying why the decision was wrong or unjust because of a serious procedural or other irregularity (PD 52B para 4.2(d); PD 52C paras 3(1) and 5; CPR 52.21(3)).
  • The court fee, from 13 July 2026, is £175 for an appeal in the County Court (other than small claims), £302 for an appeal to the High Court, £290 on a detailed assessment appeal in the County Court or the High Court, and £663 in the Court of Appeal where permission is sought (Civil Proceedings Fees Order 2008, Sch 1, fees 2.2, 2.3, 5.4 and 13.1).
  • An appeal does not stop the order being enforced unless the appeal court or the lower court orders a stay (CPR 52.16): a stay, like an extension of time, is applied for in the notice, with the reasons and evidence in section 11 (PD 52B para 4.3).

How to use the N161 builder

  1. Enter the claim and the parties. The claim number, the parties as named in the claim, the appellant and the respondent to the appeal, with their addresses, and any other respondents for the continuation sheet.
  2. Describe the decision. The court, the judge’s status and name, the kind of decision and its date. The builder works out the appeal court, whether permission is needed and the last day to file, with the appeal checker’s rules.
  3. Permission and the order. Say what happened on permission at the decision hearing, and write out the order or the part of it you are appealing. Give the day you will file: a late notice applies for an extension in section 10.
  4. Type your grounds. One ground per box, in your own words. The builder numbers them and sets them out on a separate Grounds of Appeal sheet with the claim number and the appellant’s name in the top right corner, as the form asks.
  5. The rest of the notice. The skeleton argument, what you ask the appeal court to do, any applications with the evidence and statement of truth, vulnerability, and the documents you are filing or will file later.
  6. Download, sign and file. Download the filled N161 with its sheets, check it, sign it and file it at the appeal court with the fee and the documents; then serve a sealed copy on each respondent within 14 days of sealing (in an appeal from an authorised court officer, the court serves it: CPR 47.23(2)).

When Form N161 is used

An appellant’s notice on Form N161 must be filed and served in every appeal in the County Court and the High Court other than a small claims appeal (PD 52B para 4.1; PD 52A para 4.2), and in every appeal to the Court of Appeal (PD 52C para 3(1)). An appeal from an authorised court officer on detailed assessment goes to a costs judge or a District Judge of the High Court, without permission, and the notice should be in Form N161 (PD 47 paras 20.2 and 20.3). A small claims appeal uses Form N164 (PD 27A para 8A), and a respondent’s notice Form N162. Where the appeal goes, and from whom permission comes, is in the appeal deadline and route checker.

The time limit, and a late notice

File the notice within the period the lower court directs at the decision hearing or, if it directs none, within 21 days after the date of the decision (CPR 52.12(2)), counted from the decision, not the sealed order (McDonald v Rose [2019] EWCA Civ 4). The parties cannot agree to extend it (CPR 52.15). If the time has passed, file the notice anyway and apply in it for an extension of time, giving the reason for the delay and the steps taken before applying (PD 52B para 3.2; PD 52C para 4). The builder compares the day you will file with the last day and, if it is late, answers “No” to “Have you lodged this notice with the court in time?” and asks for the extension and the reasons.

Permission to appeal (section 4)

Permission is needed to appeal a decision of a judge in the County Court or the High Court (CPR 52.3(1)(a)). Where the lower court granted it, Box A gives the date of the order and the judge; where it refused, or was not asked, Box B asks the appeal court for it, and the builder strikes through “(’s legal representative)” for an appellant in person. Permission is given only where the appeal would have a real prospect of success or there is some other compelling reason (CPR 52.6); for a second appeal only the Court of Appeal can give it (CPR 52.7).

The grounds of appeal and the skeleton argument

The grounds go on a separate sheet attached to the notice, “entitled ‘Grounds of Appeal’”, in numbered paragraphs, with the claim number and full name in the top right corner, as section 6 of the form asks. They set out, in simple language, clearly and concisely, why the order was wrong or unjust because of a serious procedural or other irregularity (PD 52B para 4.2(d); CPR 52.21(3)). In the Court of Appeal the grounds identify the respects in which the decision is wrong and the reasons go in the skeleton argument (PD 52C para 5), which is provided with the notice (PD 52C para 3(4)(g)). In the County Court and the High Court a skeleton is filed only where the complexity of the issues justifies it or it would help the court (PD 52B para 8.3). The builder lays out your grounds; it never writes them.

Documents to file with the notice

In the County Court and the High Court: three copies of the notice and one more for each respondent, the sealed order, any order on permission with the reasons, and the grounds (PD 52B para 4.2). In the Court of Appeal, the documents in PD 52C para 3(4), including the skeleton argument and the approved transcript; a legally represented appellant files through the HMCTS e-filing service (PD 52C para 3(2)). Do not delay filing for a missing document: list it in section 13 with the reason and the date it will be supplied (N161A guidance; PD 52C para 6(1)).

The court fee

From 13 July 2026: £175 for an appeal in the County Court other than a small claim (fee 2.3(b)), £302 for an appeal to the High Court (fee 2.2), £290 for an appeal in detailed assessment proceedings (fee 5.4), and in the Court of Appeal £663 where permission or an extension of time is sought (fee 13.1(a)) or £1,504 where permission was granted below (fee 13.1(b)) (Civil Proceedings Fees Order 2008, Sch 1; EX50). Every civil fee is in the civil court fees calculator.

After filing

Serve a sealed copy of the notice on each respondent as soon as practicable and in any event, where you serve it, not later than 14 days after it is sealed (CPR 52.12(3)), and in the County Court and the High Court file a certificate of service as soon as practicable (PD 52B para 6.1): the free N215 builder fills it in. In the County Court and the High Court, apply for an approved transcript within 7 days of filing and file the appeal bundle within 35 days (PD 52B paras 6.2 and 6.3). In the Court of Appeal, the approved transcript goes with the notice (PD 52C para 3(4)(h)) and, where permission is sought, the core bundle is lodged within 14 days of the notice being sealed (PD 52C para 14).

Sources

Frequently asked questions

Yes. It is completely free, with no sign-up, no paywall and no limit. It fills in the official HMCTS form in your browser, and nothing you type is sent to DMD Costs.
N161 is the appellant’s notice for all civil appeals except small claims track appeals, which use Form N164 (PD 27A para 8A), and appeals to the Family Division of the High Court. It is used in the County Court and the High Court (PD 52B para 4.1; PD 52A para 4.2), in the Court of Appeal (PD 52C para 3(1)), and for an appeal from an authorised court officer in detailed assessment (PD 47 para 20.3). A respondent who wants to appeal, or to uphold the decision for other reasons, uses Form N162 (CPR 52.13).
21 days after the date of the decision, unless the lower court directs a different period, longer or shorter, at the decision hearing or an adjournment of it (CPR 52.12(2)). Time runs from the date of the decision, not the date of the sealed order (McDonald v Rose [2019] EWCA Civ 4 at [21]). Days are counted as clear days and, where the last day falls when the court office is closed, the notice is in time if filed on the next day it is open (CPR 2.8). An appeal from an authorised court officer also has 21 days (CPR 47.23(1)). HMCTS’s guidance notes (N161A) warn that some appeals to the Court of Appeal have shorter time limits.
Only with an extension of time from the appeal court, applied for in the notice itself: tick section 10 Part B and give in section 11 the reason for the delay and the steps taken since the decision (PD 52B para 3.2; PD 52C para 4). The parties cannot agree to extend the time for appealing (CPR 52.15(2)). The builder works out whether the notice is in time from the day you will file it.
Yes, for an appeal from a decision of a judge in the County Court or the High Court (CPR 52.3(1)(a)). Ask the lower court at the decision hearing; if it refuses, or was not asked, ask the appeal court in the appellant’s notice (CPR 52.3(2) and (3); CPR 52.12(1)). For a second appeal, only the Court of Appeal can give permission, and only if the appeal would have a real prospect of success and raise an important point of principle or practice, or there is some other compelling reason for the Court of Appeal to hear it (CPR 52.7(2)). No permission is needed to appeal an authorised court officer’s decision on detailed assessment (PD 47 para 20.2).
On a separate sheet attached to the notice, entitled “Grounds of Appeal”, in numbered paragraphs, with the claim number and the appellant’s full name in the top right corner, as section 6 of the form says (PD 52B para 4.2(d); PD 52C para 3(1)). They say, clearly and concisely, why the decision was wrong or unjust because of a serious procedural or other irregularity (CPR 52.21(3)); in the Court of Appeal the reasons go in the skeleton argument, not the grounds (PD 52C para 5). At the hearing a party may not rely on a matter not in its appeal notice without the court’s permission (CPR 52.21(5)).
No. You type each ground in your own words; the builder numbers them in the order typed and sets them out on the Grounds of Appeal sheet. It never writes, changes or judges a ground, and it does not say whether to appeal. You can also attach your own grounds document instead.
In the County Court and the High Court: three copies of the notice and one more for each respondent, the sealed order under appeal, any order granting or refusing permission with the reasons, and the grounds of appeal on a separate sheet (PD 52B para 4.2). In the Court of Appeal: the sealed order, any order on permission with the reasons, evidence for any application in the notice, the first order and its reasons on a second appeal, the skeleton argument and the approved transcript (PD 52C para 3(4)); a legally represented appellant files through the HMCTS e-filing service (PD 52C para 3(2)). A document you cannot get in time is listed in section 13 with the date it will be supplied: do not delay filing.
From 13 July 2026: £151 for a small claims appeal and £175 for any other appeal in the County Court (fee 2.3), £302 for an appeal to the High Court (fee 2.2), £290 for an appeal in detailed assessment proceedings (fee 5.4), and, in the Court of Appeal, £663 where permission or an extension of time is sought, then £1,504 on the appeal questionnaire if permission is granted, or £1,504 on the notice where permission was granted below (fee 13.1) (Civil Proceedings Fees Order 2008, Sch 1). Help with Fees may cover it.
No. An appeal does not operate as a stay of the order under appeal unless the appeal court or the lower court orders otherwise (CPR 52.16). Apply for a stay in the notice (section 10 Part A), with the reasons and evidence in section 11 (PD 52B para 4.3).
Since 1 October 2026 the Chancery Division of the High Court has been renamed the Business and Property Division, and the Admiralty and Commercial Courts are part of it (Senior Courts (Transfer, Amendment and Consequential Provision) Order 2026, SI 2026/723, art 2); the Technology and Construction Court and the Circuit Commercial Courts moved into it on the same day (Civil Procedure (Amendment No. 2) Rules 2026, SI 2026/817, r.2). Form N161 (03.26) still prints “Chancery Division”: the builder ticks that box for a Business and Property Division decision and writes “(now the Business and Property Division, SI 2026/723)” beside it.

When the claim gets to costs, that is all we do

DMD Costs does not conduct appeals or advise on them. We work for claimant solicitor firms on the costs: we prepare the bill of costs, deal with the Points of Dispute and negotiate the costs to settlement. The fee is fixed and agreed before any work begins.

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