Appeals are a central component of the English justice system. They provide a controlled mechanism to correct errors of law or procedure, to review sentence or conviction in criminal cases, and to ensure consistency in the interpretation of legal principles across jurisdictions. This note sets out key features of the appeals landscape in England and Wales, practical considerations for litigation teams and clients, and primary official sources for further reference. Our London office is located at Holborn Gate, 330 High Holborn, London, WC1V 7QH, England.

When and how appeals arise

Civil and criminal appeals typically follow final decisions of trial courts, but limited appeals lie from interlocutory orders. In civil litigation, appeals from the High Court commonly proceed to the Court of Appeal; in criminal matters, appeals from the Crown Court go to the Court of Appeal (Criminal Division). Permission to appeal is often required: a party must show an arguable case that raises a real prospect of success or an important point of principle or practice. Appellate courts generally review questions of law more readily than factual findings, and different standards of review apply depending on the issue.

Core procedural and strategic considerations

Effective appellate strategy starts at trial. Preserve a clear record: ensure full transcripts, properly framed findings of fact and reasons for judgment. Consider early whether to seek: (i) permission to appeal from the lower court or the appellate court; (ii) a stay of enforcement pending appeal; and (iii) interim relief where necessary. Be mindful of costs consequences, the limited availability of fresh evidence, and the higher courts’ reluctance to re-open factual assessments absent a clear miscarriage.

Key practical points for appeals include the timing and format of skeleton arguments, the scope and limits of interlocutory appeals, and whether to pursue cross-appeals. In sentencing appeals, appellate courts will consider whether the sentence was manifestly excessive or wrong in principle; in conviction appeals, whether there was a substantial miscarriage of justice.

Practical checklist

• Preserve and assemble the appellate record (transcripts, trial bundle, judge’s reasons and orders).
• Identify grounds of appeal clearly and test them against statutory and case law criteria.
• Assess whether permission to appeal is required and apply promptly.
• Consider applications for stay of execution or suspension of enforcement steps.
• Evaluate prospects of adducing fresh evidence and meet the narrow Fresh Evidence tests if necessary.
• Plan skeleton argument and authorities bundle to address the appeal judge’s likely concerns succinctly.
• Account for potential costs exposure and consider settlement or Part 36 offers where appropriate.

Remedies and outcomes

Appellate courts may allow or dismiss appeals, remit matters for retrial, vary orders or sentences, quash convictions, or grant declaratory relief. Costs and consequential orders (including permission to appeal on further grounds) are within the appellate court’s discretion. Parties should plan for all possible outcomes and the practical consequences of a successful or unsuccessful appeal.

Jurisdiction and sources

• Senior Courts Act 1981
• Criminal Appeal Act 1968
• Civil Procedure Rules (Part 52 and related provisions)
• GOV.UK – Courts and tribunals and Judiciary of England and Wales
• Supreme Court of the United Kingdom (for permission to appeal and leading authorities)
• Criminal Procedure Rules

General information only; not legal advice and not a substitute for advice on a particular matter.