Form N164: How to Appeal a Small Claims Track Decision — Appellant’s Notice (2026)

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Last reviewed: July 2026 · For use in England & Wales · eLitigant is a Community Interest Company (No. 16566612), not a law firm. Always check the current official form on GOV.UK before you file, and sign the statement of truth yourself.

✓ Checked against the official GOV.UK source on 26 July 2026. Official publication: “Form N164: Appeal an order in a case allocated to the small claims track” on GOV.UK — GOV.UK last updated that publication on 4 March 2022. Contains public sector information licensed under the Open Government Licence v3.0.

In short: Form N164 is the Appellant’s Notice for appealing a decision in a case allocated to the small claims track in the County Court (cases on the fast or multi-track use Form N161). It is the form the appellant files to argue the lower court’s decision was wrong, or unjust because of a serious procedural irregularity, and it must usually be filed within 21 days of the decision. eLitigant drafts your Form N164 — or checks the draft you have written, built from your own documents.

Form N164: How to Appeal a Small Claims Track Decision (2026 Guide)

You had your day in court on the small claims track. The judge made a decision, and you believe it was wrong. Perhaps the judge misapplied the law, overlooked key evidence, or conducted the hearing in a way that denied you a fair opportunity to present your case. Now you want to know what you can do about it.

The answer, in many cases, is to appeal. And the form you need is Form N164: the Appellant’s Notice for the Small Claims Track.

This is the dedicated appeal form for cases that were allocated to the small claims track in the County Court. If your case was on a different track — the fast track or the multi-track — you need Form N161 instead. Form N164 exists because small claims appeals have slightly different procedural requirements, and HMCTS provides a simplified form to match.

This guide explains what a small claims appeal involves, when Form N164 is the right form, how to complete every section correctly, and what to expect after you file. It is written for litigants in person dealing with County Court small claims decisions in England and Wales under CPR Part 52.

Important Clarification: N164 Is an Appellant’s Notice

A common point of confusion: Form N164 is sometimes mistakenly referred to as a respondent’s notice. It is not. Form N164 is the Appellant’s Notice for small claims track cases only. It is the form used by the person bringing the appeal — the appellant — not the person responding to one.

If you are responding to someone else’s appeal, the relevant form is the Respondent’s Notice (Form N162), which applies across all tracks. This guide covers N164 — the form you need when you are the one challenging the decision.

Download Form N164

Form N164 (Appellant’s Notice — Small Claims Track Only) is available as a fillable PDF from HMCTS:

• Download Form N164 from GOV.UK — Appellant’s Notice — Small Claims Track Only (PDF, 6 pages)

You will also need Form N460 (the court’s completed reasons for allowing or refusing permission to appeal), which should be submitted alongside your N164 if permission was considered by the lower court.

When Do You Need Form N164?

You need Form N164 when you want to appeal a decision made in a case that was allocated to the small claims track in the County Court. The small claims track is used for most claims valued at £10,000 or less (or £1,000 or less for personal injury and housing disrepair claims).

Common situations where you might use this form include:

• A judgment after a small claims hearing — the judge decided the case against you and you believe the decision was wrong in law or based on a serious procedural error
• A strike-out on the small claims track — your claim or defence was struck out before the hearing took place
• A costs order exceeding the small claims limits — the judge made a costs order that you believe exceeded the permitted scope under CPR 27.14
• An allocation decision — your case was allocated to the small claims track when it should have been on a different track, affecting the procedure and costs regime
• A refusal to set aside a default judgment — the court declined your application to set aside a judgment entered against you

Form N164 is not the right form in two key situations:

• If your case was on the fast track or multi-track — use Form N161 instead
• If you simply did not attend the hearing — you may be able to apply to set aside the judgment and get a re-hearing under CPR 27.11, which is a different process from an appeal (see below)

Set-Aside vs. Appeal: An Important Distinction

Before filing an appeal, consider whether a set-aside under CPR 27.11 might be more appropriate. This applies specifically to small claims cases where:

• You were neither present nor represented at the hearing
• You had not given notice to the court that you would not attend
• You apply within 14 days of receiving notice of the judgment

If all three conditions are met, the court may set aside the judgment and order a complete re-hearing of the claim — not just a review, but a fresh hearing. You must show that you had a good reason for not attending and that your case has a reasonable prospect of success.

A set-aside under CPR 27.11 is often simpler and faster than a formal appeal. If you were genuinely unable to attend the hearing and your case has merit, explore this option first. You can apply using Form N244 (Application Notice).

If you did attend the hearing (or gave notice that you would not) and the judge’s decision was wrong on the law or procedure, then an appeal using Form N164 is the correct route.

A different route again applies to decisions of public bodies rather than courts: judicial review — where, in genuinely urgent cases, the application travels with Form N463: judicial review urgent consideration.

The Court Fee

A court fee applies when you file an Appellant’s Notice on the small claims track (Form N164) — check the current fee on GOV.UK before you file. If your income qualifies, you can apply for Help with Fees online at gov.uk/get-help-with-court-fees. 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.

The 21-Day Deadline

This is the single most critical procedural requirement.

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 judge announced the decision at your small claims hearing on 5 March, your N164 must be filed by 26 March. If the decision was made on paper and the order is dated 10 March, the 21 days runs from 10 March.

If the lower court judge directs a different time limit at the hearing, that direction overrides the default 21 days (CPR 52.12(2)(a)).

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 longer the delay, the harder it becomes to justify.

Grounds for Appeal

Since 2000, small claims appeals have been governed by the same legal test as all other civil appeals under CPR Part 52. 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)).

1. The Decision Was Wrong

This covers three categories:

• Error of law — the judge misunderstood or misapplied the law. For example, applying the wrong legal test, misinterpreting a statute, or ignoring a binding principle
• Error of fact — the judge’s factual findings were plainly wrong. This is a high bar because the trial judge saw the witnesses and heard the evidence. You must show that no reasonable judge could have reached the same conclusion on the evidence
• Wrong exercise of discretion — where the judge exercised a discretion (for example, whether to admit late evidence or how to conduct the hearing), the appeal court asks whether the judge took into account irrelevant matters, failed to consider relevant matters, or reached a conclusion outside the range of reasonable decisions

2. Serious Procedural or Other Irregularity

This covers situations where the process itself was flawed. Examples include:

• The judge refused to consider documents you had submitted
• One party was given significantly more time to present their case than the other
• The hearing proceeded when you had not been properly notified of the date or time
• The judge displayed apparent bias or made comments suggesting the outcome was predetermined
• The judge failed to give adequate reasons for the decision

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

Permission to Appeal

For most small claims appeals, you need permission to appeal before the appeal can proceed. Permission acts as a filter to prevent unmeritorious appeals from consuming court time. The test 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

“Real prospect of success” does not mean you must prove you will win — it means your appeal has a realistic, not fanciful, chance of succeeding.

Where to Seek Permission

1. The lower court — at the hearing where the decision is made. Ask immediately: “I respectfully ask for permission to appeal.” The judge may grant or refuse permission on the spot. If permission is granted, ask for a copy of the completed Form N460 (reasons for granting permission).
2. The appeal court — by including the request in your Form N164. If the lower court refused permission (or you did not ask at the hearing), tick the appropriate box on N164. The appeal court considers permission on paper, without a hearing.

If the appeal court refuses permission on paper, you can request that the decision be reconsidered at an oral hearing (CPR 52.4(3)). If permission is refused at the oral hearing, that is usually the end of the road.

The permission threshold and the grounds framework live in CPR Part 52 — our CPR 52 permission-to-appeal grounds guide works through the “real prospect of success” test in depth.

What Makes Small Claims Appeals Different

While the grounds for appeal and the permission test are the same across all tracks, small claims appeals have some practical differences:

No Transcript Requirement

Under Practice Direction 52B, appellants are normally required to obtain a transcript of the lower court’s judgment or an approved record of reasons. However, small claims track cases are exempted from this requirement. This is a significant practical advantage — transcripts can be expensive and time-consuming to obtain.

That said, if you have notes of what the judge said, or if the judgment was given in writing, you should still include whatever record you have. The appeal court benefits from understanding the reasoning of the lower court, even if a formal transcript is not required.

Limited Costs Exposure

The small claims costs regime under CPR 27.14 limits the costs that can be ordered against you, including on appeal. The court generally cannot order you to pay the other party’s legal costs on the small claims track, except in limited circumstances such as:

• Fixed commencement costs under CPR 45
• Court fees paid by the other party
• Reasonable expenses for attending the hearing (including loss of earnings)
• Expert fees (capped at £750 per expert)
• Costs attributable to unreasonable behaviour under CPR 27.14(2)(g)

This costs protection applies to the appeal as well — which means the financial risk of appealing a small claims decision is more contained than on other tracks. However, if the appeal court finds your behaviour unreasonable, costs can still be ordered.

Review, Not Re-Hearing

Like all appeals under CPR Part 52, a small claims appeal is limited to a review of the lower court’s decision (CPR 52.21(1)). The appeal court does not hear witnesses again or re-examine evidence from scratch. It reviews the decision that was made and asks whether it was wrong or unjust.

A full re-hearing is only ordered in exceptional circumstances. Do not expect the appeal to be a second trial.

Appeals from family court orders follow their own permission rules and forms — see our family court appeal permission guide rather than this one.

Step-by-Step: How to Complete Form N164

Download Form N164 from GOV.UK. It is a fillable PDF of approximately 6 pages. Here is how to complete each section.

Section 1: Details of the Claim

Enter the claim number exactly as it appears on the original proceedings. List the names of all claimants and defendants.

Section 2: Details for the Appeal

This is where you identify the specific decision you are challenging:

• The name of the judge who made the decision (e.g., “District Judge Smith”)
• The date the order was made
• Which parts of the order you are appealing — if you are only appealing part of the order, specify the numbered paragraphs. If you are appealing the entire order, state this clearly

Section 3: Permission to Appeal

Tick the appropriate box to indicate whether:

• Permission to appeal was granted by the lower court (attach the completed Form N460)
• Permission to appeal 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 requesting it from the appeal court

If the lower court considered permission, you must attach a copy of Form N460 containing the reasons for granting or refusing permission.

Section 4: Grounds for Appeal

This is the most important section. Your grounds of appeal must explain why the decision was wrong or unjust. They must be specific. Vague complaints will not pass the permission stage.

Each ground should follow this structure:

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

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

Section 5: Other Information

This section covers additional matters the court needs to know:

• Human Rights Act 1998 — state whether any issue arises under the Human Rights Act, and if so, provide brief details
• Stay of execution — if you are applying for a stay of enforcement of the judgment against you while the appeal is pending, state this here (filing an appeal does not automatically stop enforcement)
• Extension of time — if your appeal is filed outside the 21-day deadline, explain the reason for the delay

Section 6: Statement of Truth

Sign and date the statement of truth. An unsigned Appellant’s Notice will be returned by the court. If you are signing on behalf of a company or other organisation, state your position within that organisation. Here are the key references:

• CPR Part 52 — the principal rules governing all civil appeals, including permission to appeal, time limits, grounds, and powers of the appeal court
• CPR 52.12 — filing and serving an appellant’s notice, the 21-day default deadline
• CPR 52.21 — the appeal court’s powers: review (not re-hearing), and the test of “wrong” or “unjust because of a serious procedural irregularity”
• CPR 52.6 — the test for granting permission to appeal: “real prospect of success” or “some other compelling reason”
• Practice Direction 52A — general provisions supplementing Part 52, including which courts hear which appeals and the routes of appeal
• Practice Direction 52B — specific rules for appeals in the County Court and High Court, including the exemption from the transcript requirement for small claims appeals
• Practice Direction 52C — appeals to the Court of Appeal (relevant only if you face a second appeal)
• CPR Part 27 — the small claims track rules, including the costs regime (CPR 27.14) and the set-aside procedure (CPR 27.11)
• Practice Direction 27 — supplementary guidance on small claims procedure

Common Mistakes on Form N164

Small claims appeals have a higher procedural bar than most people expect. 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. File on time, even if your grounds are not yet perfected. You can provide additional detail later.
• Vague grounds of appeal — “The judge was wrong” or “The decision was unfair” is not a ground of appeal. Identify the specific error of law, procedural irregularity, or factual mistake with precision.
• Confusing an appeal with a set-aside — if you did not attend the hearing and meet the conditions under CPR 27.11, a set-aside application may be more appropriate and simpler than an appeal. Using the wrong procedure wastes time and money.
• Using the wrong form — Form N164 is only for cases allocated to the small claims track. If your case was on the fast track or multi-track, use Form N161. Filing the wrong form causes delay.
• Treating the appeal as a re-trial — the appeal court reviews the decision below; it does not hear the case afresh. Do not expect to call new witnesses or introduce evidence you failed to present at the original hearing.
• Assuming enforcement stops automatically — filing an appeal does not stay enforcement of the judgment. If you have been ordered to pay money and need enforcement paused, you must apply separately for a stay of execution.
• Not attaching the sealed order — the appeal court needs to see exactly what order is being challenged. Always include a sealed copy of the order you are appealing.
• Forgetting Form N460 — if the lower court considered permission to appeal (whether granting or refusing it), you should attach the completed Form N460 showing the judge’s reasons.
• Appealing without real grounds — disagreeing with the result is not enough. Appeals succeed when the judge made an identifiable error, not merely when the judge reached a conclusion you dislike. Filing a hopeless appeal wastes the court fee and may result in adverse costs for unreasonable behaviour.

Related Court Forms & Guides

• Form N260: Statement of Costs — the costs schedule used at summary assessment.
• Form N244: Application Notice — the form for interim applications.
• Start a Money Claim Online (OCMC) — where most civil money claims begin.
• Particulars of Claim — setting out the basis of your claim.
• Civil Court Forms Index — every civil court form guide in one place.

Frequently Asked Questions

What is Form N164?

Form N164 is the Appellant’s Notice you use to appeal a decision made on the small claims track in the County Court. This guide explains what it covers and how to complete it, section by section.

Where can I download Form N164?

The blank Form N164 is published free on GOV.UK, and that is the copy you should use. Always take the current version from the official page rather than a saved one, because forms are updated from time to time. This guide walks through completing it once you have it.

What is the difference between Form N161 and Form N164?

Both are Appellant’s Notices — forms for starting an appeal. Form N161 is used for all appeals except small claims track cases and family appeals. Form N164 is used specifically for appeals in cases allocated to the small claims track. The legal grounds and tests are the same; the forms differ in layout and some procedural requirements (notably, N164 appellants are exempt from the transcript requirement).

Can I appeal a small claims decision just because I think the judge got it wrong?

Not in the way most people mean. You cannot appeal simply because you disagree with the outcome. You must show that the decision was legally wrong — an error of law, a plainly wrong factual finding, or a wrong exercise of discretion — or that there was a serious procedural irregularity that made the decision unjust. The bar is higher than most people expect.

What if I missed the hearing and a judgment was entered against me?

If you did not attend the hearing, did not give the court notice that you would not attend, and apply within 14 days of receiving the judgment, you may be able to apply under CPR 27.11 to set aside the judgment and get a re-hearing. This is not an appeal — it is a separate procedure. If you gave notice that you would not attend, then you must use the appeal route (Form N164).

Do I need a transcript of the judgment for a small claims appeal?

No. Practice Direction 52B specifically exempts small claims track cases from the requirement to obtain a transcript. However, if you have any record of the judge’s reasons — your own notes, a written judgment, or a note agreed between the parties — you should include it. The more information the appeal court has about the lower court’s reasoning, the better it can assess your appeal.

What will it cost me if I lose the appeal?

The small claims costs regime under CPR 27.14 limits the costs that can be ordered against you, even on appeal. You will not normally be ordered to pay the other party’s legal costs. However, you will lose the court fee you paid, and the court can order costs for unreasonable behaviour. You may also be ordered to pay the other party’s reasonable expenses for attending the appeal hearing.

Who hears a small claims appeal?

A first appeal from a decision of a District Judge is heard by a Circuit Judge, usually sitting in the same County Court. The Circuit Judge reviews the District Judge’s decision on the papers and at a hearing. A second appeal (appealing the Circuit Judge’s decision) would go to the Court of Appeal and faces a much higher threshold.

Can I introduce new evidence on appeal?

Only in very limited circumstances. The appeal court generally considers only the material that was before the lower court. New evidence may be admitted if it could not have been obtained with reasonable diligence for the original hearing, would probably have had an important influence on the result, and is apparently credible. The bar is high.

How long does a small claims 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. Simple appeals might be heard within a few months of permission being granted.

Key Points to Remember

• Form N164 is for small claims track appeals only. If your case was on the fast track or multi-track, use Form N161.
• An appeal is not a re-trial. The appeal court reviews whether the lower court’s decision was wrong or unjust because of a serious procedural irregularity. It does not hear the case afresh.
• The 21-day deadline is strict. File your N164 within 21 calendar days of the decision. If you are late, you need a good reason and an application for an extension of time.
• You need permission to appeal in most cases. Ask the lower court at the hearing, or apply through your N164. The test is “real prospect of success” or “some other compelling reason.”
• No transcript is required for small claims. But include whatever record of the judgment you have — notes, written reasons, or an agreed note.
• Grounds must be specific. Identify the exact error of law, procedural irregularity, or factual mistake. Vague complaints will not pass the permission stage.
• Consider a set-aside first. If you did not attend the hearing, CPR 27.11 may provide a simpler and quicker route than a formal appeal.
• A court fee applies — check the current amount on GOV.UK. If you cannot afford the fee, apply through the Help with Fees scheme.
• An appeal does not stay enforcement. If you need the judgment paused while you appeal, apply separately for a stay of execution.
• Attach Form N460 if applicable. If the lower court considered permission to appeal, include the completed N460 showing the reasons.
• Costs exposure is limited. The small claims costs regime under CPR 27.14 protects you from the other party’s legal costs in most circumstances — but unreasonable behaviour can still attract a costs order.

How to Use Chris to Complete Form N164

Chris can guide you through the small claims appeal process step by step, tailored to your case. Here is the recommended workflow:

1. Open Chris — start a conversation at eLitigant
2. Upload your case documents — the sealed order being appealed, the judgment or any written reasons (or your own notes of what the judge said), the claim form, and key documents from the original proceedings
3. Explain what happened — tell Chris about the decision, why you believe it was wrong, and what errors the judge made. Chris will help you assess whether your concerns amount to viable grounds for appeal — or whether a set-aside under CPR 27.11 might be a better option
4. Chris drafts your grounds of appeal — based on your documents and instructions, Chris produces properly structured grounds with correct legal references, formatted to a professional, elite standard
5. Transfer to your own form — copy Chris’s drafted content onto your Form N164, attach your supporting documents, sign the statement of truth, and file with the court within the 21-day deadline