Appeals and judicial review

General principles—appeals

In principle, every order made by a court can be subject to an appeal. Appeals need not relate to the whole of the order made, but simply to part of it, eg costs. However, an appellant cannot appeal simply because they do not agree with the order made by the court—it must either be wrong in law, or unjust due to some serious procedural or other irregularity and unmeritorious appeals can have costs implications for the unsuccessful appealing party.

A prospective appellant must seek permission to appeal in almost all cases. Permission is not required in relation to:

1. •

   a decision of a bench of lay magistrates or a single lay justice

2. •

   a committal order

3. •

   a secure accommodation order

4. •

   a refusal to grant habeas corpus for release in relation to a minor

See Practice Notes: Appeals—general principles, practice and procedure, Applications for permission to appeal in the Family Court and Appeals in public law children proceedings.

Procedure—appeals

Certain appeals from circuit judges and recorders lie to the High Court rather than the Court of Appeal with effect