Form N161 Appellant's Notice: Appeal Guide

Form N161: How to Appeal a County Court Decision (2026 Guide)

A judge has made a decision you believe is wrong. Perhaps an application was refused, a claim was struck out, or a trial went against you in a way that you consider unjust. The question now is whether you can do anything about it. In many cases, the answer is yes — by filing an appeal.

An appeal is not a second trial. It is not an opportunity to reargue the same case with the same evidence in front of a different judge. An appeal is a formal challenge to a specific decision, on specific legal grounds, asking a higher court to review whether the original judge got it wrong. The mechanism for starting that process is Form N161: the Appellant’s Notice.

This guide explains what an appeal involves, when Form N161 is the right form, how to complete every section correctly, and what happens after you file it. It is written for litigants in person dealing with County Court decisions in England and Wales under CPR Part 52.

What Is an Appeal?

An appeal is a request to a higher court to review a decision made by a lower court. In the County Court, this typically means asking a Circuit Judge to review a decision made by a District Judge. In more limited circumstances, it can mean asking the Court of Appeal to review a decision made by a Circuit Judge.

The critical point to understand is this: an appeal is not a re-hearing. The appeal court does not hear the witnesses again, does not re-examine the evidence from scratch, and does not start with a blank sheet. Instead, it reviews the decision that was made and asks one question: was the original decision wrong, or unjust because of a serious procedural irregularity?

Under CPR 52.21(1), every appeal is limited to a review of the decision of the lower court unless a Practice Direction makes an exception, or the court considers that in the circumstances of an individual appeal it would be in the interests of justice to hold a re-hearing. Reviews are the norm. Re-hearings are rare.

This means that if you simply disagree with the judge’s conclusions — you thought the evidence pointed one way and the judge thought it pointed another — that alone is unlikely to succeed on appeal. Appeals succeed when the judge made an error of law, committed a serious procedural irregularity, or reached a conclusion that was plainly wrong on the facts — not merely a conclusion you happen to disagree with.

Download Form N161

Form N161 (Appellant’s Notice) is available as a fillable PDF from HMCTS:

Download Form N161 from GOV.UK — Appellant’s Notice — all appeals except small claims track (PDF)

Note that Form N161 is used for all appeals except small claims track appeals, which use a different procedure. If you are appealing a small claims track decision, check the specific rules that apply under CPR 27.12 and Practice Direction 27.

When Do You Need Form N161?

You need Form N161 whenever you want to appeal a decision made in civil proceedings in the County Court (other than small claims). Common situations include:

A judgment after trial — the judge decided the case against you at trial and you believe the decision was wrong in law or based on a serious procedural error
A summary judgment order — the court found that your claim or defence had no real prospect of success under CPR 24
A strike-out order — your statement of case was struck out under CPR 3.4
An order refusing relief from sanctions — you were penalised for a procedural failure and the court refused to grant you relief under CPR 3.9
A costs order — you were ordered to pay costs and believe the order was wrong
An interim application decision — an application was refused or granted and the decision was wrong in law
A refusal to set aside a default judgment — the court declined your application under CPR 13.3

Form N161 is not the right form if you simply want the same judge to reconsider their own decision. For that, you would typically use Form N244 (Application Notice) — for example, under CPR 3.1(7) (power to vary or revoke an order) or the “slip rule” at CPR 40.12 (correcting accidental errors). An appeal goes to a higher court; a reconsideration stays with the same court.

Grounds for Appeal

The appeal court will only allow an appeal if the decision of the lower court was either wrong or unjust because of a serious procedural or other irregularity (CPR 52.21(3)). These are the only two gateways. Understanding them is essential before you file.

1. The Decision Was Wrong

This covers three main categories:

Error of law — the judge misunderstood or misapplied the law. For example, applying the wrong legal test, misinterpreting a statute, or ignoring binding case law. This is the strongest ground for appeal.
Error of fact — the judge’s factual findings were plainly wrong. This is a high bar. Appeal courts are reluctant to interfere with factual findings because the trial judge saw the witnesses and heard the evidence first-hand. You must show that no reasonable judge could have reached the same conclusion on the evidence, not merely that you would have weighed the evidence differently.
Wrong exercise of discretion — where the judge had a discretion to exercise (for example, whether to grant relief from sanctions, whether to allow an amendment, or how to allocate costs), the appeal court asks whether the judge took into account irrelevant matters, failed to take into account relevant matters, or reached a conclusion that was outside the range of reasonable decisions. This is sometimes called the “Wednesbury” test or, in the context of discretionary case management decisions, the “Denton” principles.

2. Serious Procedural or Other Irregularity

This covers situations where the process itself was flawed, even if the judge’s reasoning might otherwise have been sound. Examples include:

The judge considered evidence that should have been excluded
One party was denied a fair opportunity to present their case
The hearing proceeded when a party had not been properly notified
The judge displayed apparent bias or made comments that indicated prejudgment
The judge failed to give adequate reasons for the decision
There was a serious failure to follow correct procedure

The irregularity must be “serious” — minor procedural imperfections that did not affect the outcome are unlikely to succeed.

The Court Fee

The court fee for filing an Appellant’s Notice (Form N161) with an application for permission to appeal is currently £155. This covers the permission stage. If permission is granted and the appeal proceeds to a hearing, further fees may apply depending on the level of court and the nature of the appeal.gov. Alternatively, complete Form EX160 on paper and submit it alongside your Appellant’s Notice. Full remission means you pay nothing. The court has powers to deal with appeals that are totally without merit, including imposing costs sanctions.

The 21-Day Deadline

This is the single most important procedural requirement and the one most frequently missed by litigants in person.

An Appellant’s Notice must be filed within 21 days of the date of the decision you are appealing (CPR 52.12(2)(b)). Not 21 working days — 21 calendar days. Not 21 days from when you received the order — 21 days from the date the decision was made or handed down.

If the lower court announced its decision at a hearing on 5 March, your N161 must be filed by 26 March. If it announced its decision on paper and the order is dated 10 March, the 21 days runs from 10 March.

This deadline is strict. If you miss it, you must apply for an extension of time as part of your Appellant’s Notice. You will need to explain why the appeal is late and provide a good reason for the delay. The court is not obliged to grant an extension, and the longer the delay, the harder it becomes to justify. Common reasons that the court may accept include:

You did not receive the order until after the deadline had passed (provide evidence of when you received it)
Serious illness or other compelling personal circumstances prevented you from acting in time
You were waiting for a transcript of the judgment and it was not available within the deadline

Common reasons that the court is unlikely to accept include:

You did not know about the deadline — ignorance of the rules is not a good reason
You were thinking about whether to appeal — the time for thinking is within the 21 days
You were trying to find legal help — again, this should happen within the deadline

The message is clear: if you are considering an appeal, act immediately. Do not wait.

Permission to Appeal

For most appeals in the County Court, you need permission to appeal before the appeal can proceed. Permission acts as a filter — it prevents the appeal court from being clogged with unmeritorious appeals. The test for granting permission is set out in CPR 52.6:

The appeal must have a real prospect of success, or
There must be some other compelling reason why the appeal should be heard

The “real prospect of success” test is the primary gateway. It does not mean you must prove you will win — it means you must show that your appeal has a realistic (not fanciful) chance of succeeding. The court will look at your grounds, consider the decision being appealed, and make a preliminary assessment of whether there is a genuine issue worth examining.

The “some other compelling reason” limb is narrow and applies in unusual cases — for example, where the appeal raises an important point of principle, or where there has been a significant injustice that warrants examination even if the appeal might not succeed on conventional grounds.

Where to Seek Permission

You can seek permission to appeal from two places:

The lower court — at the hearing where the decision is made. If a District Judge has just given a judgment against you, you can ask immediately: “I respectfully ask for permission to appeal.” The judge will consider the request on the spot. This is the quickest route, but judges often refuse permission and direct you to seek it from the appeal court instead.
The appeal court — by including the request in your Appellant’s Notice (Form N161). If the lower court refused permission (or if you did not ask at the hearing), you tick the box on N161 requesting permission from the appeal court. The appeal court then considers permission on paper, without a hearing, based on your N161 and the documents you provide.

If the appeal court refuses permission on paper, you can request that the decision be reconsidered at an oral hearing (CPR 52.4(3)). This gives you the opportunity to argue for permission in person before a judge. If permission is refused at the oral hearing, that is usually the end of the road for that appeal.

First Appeals and Second Appeals

The appeal structure in the County Court works in tiers:

First Appeals

A first appeal from a decision of a District Judge goes to a Circuit Judge. This is the standard appeal route for most County Court decisions. The Circuit Judge reviews the District Judge’s decision and decides whether it was wrong or unjust.

A first appeal from a decision of a Circuit Judge (for example, a multi-track trial decided by a Circuit Judge) goes to a High Court Judge.

Second Appeals

A second appeal — an appeal against a decision that was itself made on appeal — goes to the Court of Appeal. Second appeals are subject to a much higher test: under CPR 52.7, the Court of Appeal will not give permission for a second appeal unless the appeal raises an important point of principle or practice, or there is some other compelling reason for the Court of Appeal to hear it.

In practice, second appeals are rare and difficult. The Court of Appeal expects that one level of appeal has already taken place and that the matter has been properly considered. You should not assume that a second appeal is available as a routine next step — it is an exceptional remedy.

Step-by-Step: How to Complete Form N161

Download Form N161 from GOV.UK. It is a fillable PDF. Here is how to complete each section.

Section 1: Court Details

Enter the name of the court where the appeal will be heard. For a first appeal from a District Judge, this is usually the same County Court — the appeal is heard by a Circuit Judge sitting in that court. Enter the claim number exactly as it appears on the original proceedings.

Section 2: Parties

Enter the full names of the appellant (the person bringing the appeal — that is you) and the respondent (the other party). State whether you were the claimant or the defendant in the proceedings below. If there are multiple parties, list them all.

Section 3: Details of the Decision Being Appealed

This is where you identify the specific decision you are challenging. You must provide:

The name of the judge who made the decision (e.g., “District Judge Smith”)
The date of the decision
The order or judgment being appealed — describe it precisely (e.g., “Order dated 5 March 2026 striking out the Defence pursuant to CPR 3.4(2)(b)”)

Attach a sealed copy of the order you are appealing. If the judgment was given orally and you do not have a transcript, you should request one — but do not delay filing the N161 past the 21-day deadline while waiting for it. File the N161 on time and supply the transcript later.

Section 4: Permission to Appeal

Tick the appropriate box to indicate whether:

Permission was granted by the lower court (attach the order granting permission)
Permission was refused by the lower court and you are seeking permission from the appeal court
You did not ask the lower court for permission and are now seeking it from the appeal court
Permission is not required (this applies in limited circumstances — consult CPR 52.3 to check whether your appeal requires permission)

If you are seeking permission from the appeal court, the court will consider your application on paper first, based on the documents you provide.

Section 5: Grounds of Appeal

This is the most important section of the form. Your grounds of appeal must explain why the decision was wrong or unjust. They must be specific. Vague complaints like “the judge was unfair” or “I disagree with the decision” will not suffice.

Each ground should follow this structure:

Identify what the judge decided — the specific finding, ruling, or order
Explain why it was wrong — the legal error, the procedural irregularity, or the factual mistake
Reference the relevant law — the CPR rule, statute, or case authority that supports your argument

Good examples of grounds:

“The learned District Judge erred in law by applying the wrong test under CPR 3.9 when refusing relief from sanctions. The judge failed to apply the three-stage test in Denton v TH White Ltd [2014] EWCA Civ 906.”
“The learned District Judge made a serious procedural irregularity by refusing to allow the Appellant to cross-examine the Respondent’s witness, contrary to the principles of natural justice.”
“The learned District Judge’s finding that the Appellant failed to mitigate their loss was plainly wrong on the evidence, as the undisputed documentary evidence showed that [specific facts].”

You can either set out your grounds in the space on the form or attach them as a separate document. For anything beyond the simplest appeal, a separate document is strongly recommended.

Section 6: Skeleton Argument

Practice Direction 52A requires the appellant to file a skeleton argument either with the Appellant’s Notice or within 14 days of filing. A skeleton argument is a structured legal document that sets out:

A chronology of the relevant events
The issues on the appeal
Your argument on each ground, with references to the relevant law and evidence
A list of authorities (cases and statutes) you rely on

The skeleton argument is your opportunity to make your case in writing. It should be concise, well-organised, and focused. Appeal judges read skeleton arguments carefully — a clear, well-reasoned skeleton can make the difference between permission being granted or refused.

If you cannot file the skeleton argument with your N161 (the 21-day deadline may not leave enough time), file the N161 on time and the skeleton argument within 14 days afterwards. Do not miss the N161 deadline in order to perfect your skeleton.

Section 7: What Are You Asking the Appeal Court to Do?

State the order you are asking the appeal court to make. Options include:

Set aside the order below — cancel the decision entirely
Vary the order below — change part of the decision
Order a new trial or re-hearing — send the case back to the lower court for a fresh decision
Make the order that the lower court should have made — if the appeal court has enough information to decide the matter itself

Be specific about what you want. If the appeal succeeds, the court needs to know what order to make in its place.

Section 8: Other Information

Declare any related appeals, applications to stay enforcement (see below), or other matters the appeal court should know about. If you are applying for an extension of time because you have filed outside the 21-day deadline, explain the reason for the delay here.

Section 9: Statement of Truth

Sign and date the statement of truth. An unsigned Appellant’s Notice will be returned by the court.

Documents to File With Your N161

Practice Direction 52B sets out the documents that should accompany your Appellant’s Notice. As a minimum, you should file:

A sealed copy of the order being appealed
A copy of any order granting or refusing permission to appeal from the lower court
The judgment or reasons of the lower court (if in writing) or a transcript of the oral judgment
Your grounds of appeal (if not contained in the N161 itself)
Your skeleton argument (if ready — otherwise within 14 days)
A chronology of events
A bundle of key documents referred to in your grounds

If you do not have a transcript of the judgment and one is necessary, order it as soon as possible. You may be able to obtain an agreed note of the judgment from both parties as an interim measure.

Appeals and Enforcement — A Common Misunderstanding

Filing an appeal does not automatically stay enforcement of the order you are appealing. This is one of the most misunderstood aspects of the appeal process. If you have been ordered to pay money, or if the court has made an order requiring you to do something by a certain date, that order remains in force and enforceable unless and until the court orders a stay of execution.

If you need enforcement to be paused while your appeal is pending, you must apply for a stay. You can:

Ask the lower court for a stay at the time the order is made (this is the best time to ask)
Include an application for a stay in your Appellant’s Notice
Apply separately using Form N244

The court will consider whether it is just to stay enforcement pending the appeal. Relevant factors include the strength of the appeal, whether the appellant will suffer irreparable harm if enforcement proceeds, and whether the respondent will be prejudiced by a delay. A stay is not granted automatically — you must persuade the court that it is appropriate. Permission Stage (if applicable)

If you are seeking permission from the appeal court, a judge considers your application on paper. The judge reads your N161, your grounds of appeal, your skeleton argument, and the lower court’s judgment. The judge then either:

Grants permission — the appeal proceeds to a hearing
Refuses permission — the appeal does not proceed, but you can request an oral hearing to reconsider
Grants permission on some grounds but refuses on others — the appeal proceeds on the permitted grounds only

2. Respondent’s Notice

If permission is granted, the respondent is served with the appeal papers and has the opportunity to file a Respondent’s Notice (Form N162). This is the respondent’s answer to your appeal — they can argue that the decision was right (for different or additional reasons) or file a cross-appeal if they also want to challenge part of the decision.

3. Appeal Hearing

The appeal is listed for a hearing. At the hearing, both parties present their arguments to the appeal judge (or panel of judges, in the Court of Appeal). The hearing is based on the documents, the skeleton arguments, and oral submissions. In most cases, no new evidence is admitted — the appeal is decided on the material that was before the lower court.

4. The Decision

The appeal court either allows the appeal (in full or in part), dismisses it, or varies the order below. The court may also order costs — including the costs of the appeal — against the unsuccessful party. If the appeal is allowed, the court either makes the correct order itself or sends the case back to the lower court for a fresh decision.

Common Mistakes on Form N161

Appeals have a higher procedural bar than most applications. These are the mistakes that cause appellants the most difficulty:

Missing the 21-day deadline — this is the single most common and most damaging mistake. If you are even one day late, you need to explain why and apply for an extension. File on time, even if your skeleton argument is not yet ready.
Vague grounds of appeal — “The judge was wrong” or “The decision was unfair” is not a ground of appeal. You must identify the specific error of law, procedural irregularity, or factual mistake with precision.
Treating the appeal as a re-trial — submitting new evidence, raising new arguments, or expecting the appeal court to hear the case afresh. An appeal reviews what happened below; it does not start again.
No skeleton argument — failing to file a skeleton argument, or filing one that is disorganised and unclear. The skeleton is your primary advocacy document. Make it count.
Assuming enforcement stops automatically — it does not. If you need a stay, you must apply for one separately.
Appealing without real grounds — filing an appeal because you are unhappy with the result, without any identifiable error of law or procedure. This wastes your time and money, and may result in costs being ordered against you.
Not attaching the sealed order — the appeal court needs to see exactly what order is being challenged. Always include a sealed copy.
Confusing an appeal with a set-aside application — if you want the same judge to reconsider their own order (for example, because new evidence has come to light or there was a procedural error at a hearing you did not attend), you may need Form N244, not an appeal. Consider which route is appropriate before filing.

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Frequently Asked Questions

Can I appeal any County Court decision?

Most decisions can be appealed in principle, but not all appeals require or will receive permission. Some orders — particularly case management directions — are difficult to appeal because the appeal court gives wide latitude to the judge who is managing the case. The question is always whether the decision was wrong or unjust because of a serious procedural irregularity, and whether your appeal has a real prospect of success.

What if I missed the 21-day deadline?

You can still file the N161 and apply for an extension of time. You must explain the reason for the delay in your Appellant’s Notice. The court will consider the length of the delay, the reason for it, and the merits of the appeal. The longer the delay and the weaker the reason, the less likely the extension will be granted. Act as soon as you realise the deadline has passed.

Can I introduce new evidence on appeal?

Only in very limited circumstances. Under the principles in Ladd v Marshall [1954] 1 WLR 1489, new evidence will generally only be admitted on appeal if: (1) it could not have been obtained with reasonable diligence for use at the trial; (2) it would probably have had an important influence on the result; and (3) it is apparently credible. The bar is high. If you had evidence available at trial and chose not to use it, or could have obtained it with reasonable effort, the appeal court is unlikely to admit it.

How long does an appeal take?

The permission decision on paper typically takes several weeks. If permission is granted and the appeal proceeds to a hearing, listing times vary depending on the court and the complexity of the case. Simple appeals might be heard within a few months. More complex appeals, particularly those in the Court of Appeal, can take considerably longer.

What does it cost if I lose the appeal?

If your appeal is dismissed, you may be ordered to pay the respondent’s costs of the appeal in addition to any costs ordered below. If the appeal is found to be “totally without merit,” the court may make a civil restraint order preventing you from making further applications without permission. Think carefully about the strength of your appeal before filing.

Can I appeal a consent order?

Appeals against consent orders (orders that both parties agreed to) are very difficult. You would need to show that the consent was vitiated — for example, by fraud, mistake, or duress — rather than simply that you now regret the terms you agreed to. The appeal court will not rescue you from a bad bargain.

What is the difference between Form N161 and Form N164?

Form N161 is the Appellant’s Notice — it starts the appeal. Form N164 is a supplementary form used in the Court of Appeal for certain procedural steps. For a first appeal from the County Court, N161 is the form you need.

Key Points to Remember

An appeal is not a re-trial. It is a review of whether the lower court’s decision was wrong or unjust because of a serious procedural irregularity. Do not expect to re-argue your case from scratch.
The 21-day deadline is strict. File your Appellant’s Notice within 21 calendar days of the decision. If you are late, you need a good reason and an application for an extension of time. Do not wait.
You need permission to appeal in most cases. Ask the lower court at the hearing, or apply through your N161 to the appeal court. The test is “real prospect of success” or “some other compelling reason.”
Grounds must be specific. Identify the exact error of law, procedural irregularity, or factual mistake. Vague complaints will not pass the permission stage.
File a skeleton argument. Either with your N161 or within 14 days. This is your main advocacy document and significantly affects whether permission is granted.
An appeal does not stay enforcement. If you need enforcement paused, apply separately for a stay of execution.
First appeals from a District Judge go to a Circuit Judge. Second appeals go to the Court of Appeal and face a higher threshold.
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