Best Appeal Lawyers in Aberdeen

About Appeal Law in Aberdeen, United Kingdom

Appeals in Aberdeen operate within the Scottish legal system, which is distinct from the systems in England and Wales and in Northern Ireland. If your case began in Aberdeen, your appeal route depends on the type of decision and the level of court or tribunal that made it. Criminal appeals typically go to the Sheriff Appeal Court or the High Court of Justiciary. Civil appeals generally go to the Sheriff Appeal Court or the Court of Session. Some appeals from tribunals and regulators are heard by specialist appellate bodies or by the Upper Tribunal. Planning appeals are handled by the Scottish Ministers through the Directorate for Planning and Environmental Appeals. Judicial review is heard in the Court of Session in Edinburgh.

Aberdeen Sheriff Court and Justice of the Peace Court handle many first instance criminal and civil matters for the city and surrounding area. The appeal courts sit throughout Scotland, and many procedures can be managed in writing or by video hearing. Time limits are strict and procedures are formal, so early advice from a Scottish solicitor is important.

Why You May Need a Lawyer

Appeals turn on detailed rules, deadlines, and legal tests. A lawyer can help you identify appealable errors, prepare precise written grounds, and protect your position while any challenge is pending.

You may need a lawyer if you want to challenge a criminal conviction or sentence imposed in Aberdeen, seek leave to appeal a civil judgment from the Sheriff Court, contest a family law order about residence or contact, appeal a housing or eviction decision under the Housing and Property Chamber, appeal an Employment Tribunal judgment to the Employment Appeal Tribunal, challenge a licensing decision such as taxi, alcohol, or HMO licensing, bring or resist a planning appeal or a legal challenge to a planning decision, apply for judicial review of a decision by a public body based in the north east, or explore a referral to the Scottish Criminal Cases Review Commission where you allege a miscarriage of justice.

A lawyer can also request transcripts, navigate permission to appeal tests, seek interim orders such as suspension or bail pending appeal, and advise on legal aid or costs exposure.

Local Laws Overview

Appeals in Scotland are governed by Scottish legislation and court rules. The Courts Reform Scotland Act 2014 created the Sheriff Appeal Court for both civil and summary criminal appeals. The Criminal Procedure Scotland Act 1995 sets out criminal appeal rights and tests. The Court of Session handles higher civil appeals, statutory appeals, and judicial review. Procedural rules are contained in Acts of Sederunt for civil practice and Acts of Adjournal for criminal practice.

Criminal appeals from Aberdeen depend on how the original case was prosecuted. Summary cases that began in the Justice of the Peace Court or Sheriff Court usually go to the Sheriff Appeal Court. Solemn cases that involved a jury go to the High Court of Justiciary sitting as an appeal court. Appeals can be against conviction, against sentence, or both. Fresh evidence can be considered only under strict tests. The Scottish Criminal Cases Review Commission can refer cases to the High Court where there may have been a miscarriage of justice. In criminal cases, appeals to the UK Supreme Court are very limited and generally concern compatibility or devolution issues.

Civil appeals from the Sheriff Court in Aberdeen usually go to the Sheriff Appeal Court. Simple Procedure cases also appeal to the Sheriff Appeal Court, with any further appeal to the Court of Session being limited to points of law and requiring permission. Some civil cases can be appealed directly to the Court of Session depending on the statute and the order made. Appeals from the Inner House of the Court of Session to the UK Supreme Court require permission and are limited to points of law of general public importance.

Tribunal appeals depend on the chamber and statute. Many devolved matters in Scotland are heard by the First-tier Tribunal for Scotland, with appeals to the Upper Tribunal for Scotland on points of law. Employment Tribunal appeals are to the Employment Appeal Tribunal, and then to the Court of Session on a point of law with permission. Professional discipline and regulatory bodies often have their own statutory appeal routes.

Planning appeals in the Aberdeen area are made to the Scottish Ministers through the Directorate for Planning and Environmental Appeals. Legal challenges to planning decisions can also proceed by statutory appeal or by judicial review in the Court of Session. Judicial review in Scotland has a three month time limit running from when the grounds first arose and requires permission based on standing and a real prospect of success.

Time limits are tight. Many appeals must be initiated within days or a few weeks of the decision. Some require a notice of intention to appeal followed by a full note of appeal with detailed grounds. Extensions are only granted on cause shown and are not guaranteed. Always check the applicable rule for your case and act quickly.

Remedies during an appeal can include suspension of a civil decree, interim interdict, or bail pending appeal in criminal cases. These are discretionary and require focused legal argument. Appeals are usually decided on the written record, transcripts, and legal submissions, with limited scope to introduce fresh evidence unless statutory tests are met.

Representation in higher courts may involve an advocate or a solicitor-advocate with extended rights of audience. Legal aid for appeals is administered by the Scottish Legal Aid Board, subject to eligibility and merits tests. Expenses in civil appeals can be awarded against the losing party, so early advice on prospects and risk is important.

Frequently Asked Questions

What is the difference between an appeal and a judicial review in Scotland

An appeal asks a higher court or tribunal to correct errors in the decision below, usually based on law, procedure, or an unreasonable assessment of facts. Judicial review is a separate court process in the Court of Session that examines the lawfulness of a public body’s decision making rather than the merits of the decision. Judicial review has a three month time limit and requires permission.

Which court will hear my appeal if my case was in Aberdeen

Criminal summary appeals go to the Sheriff Appeal Court. Criminal solemn appeals go to the High Court of Justiciary. Civil Sheriff Court appeals usually go to the Sheriff Appeal Court, with any further appeal to the Court of Session requiring permission and often limited to points of law. Tribunal appeals depend on the tribunal’s own statute. Planning permission appeals go to the Scottish Ministers through the Directorate for Planning and Environmental Appeals.

How long do I have to appeal

Deadlines are short and vary by type of case, sometimes measured in days rather than months. Judicial review has a three month time limit. Check your judgment or decision letter and the relevant rules immediately and seek legal advice without delay.

Can I introduce new evidence on appeal

Appeals are usually decided on the existing record, transcripts, and legal argument. New or fresh evidence is allowed only in limited situations. In criminal appeals the test focuses on whether there has been a miscarriage of justice and whether the evidence is credible, significant, and was not available at trial despite reasonable diligence. In civil appeals fresh evidence is rarely admitted and requires permission.

Will my sentence or order be paused while I appeal

Not automatically. You can apply for bail pending appeal in criminal cases or for suspension or interim interdict in civil cases. The court considers factors such as prospects of success, prejudice, and the interests of justice.

Do I need an advocate or can my solicitor handle the appeal

Many solicitors conduct appeals, especially in the Sheriff Appeal Court. For higher courts your solicitor may instruct an advocate or a solicitor-advocate who has extended rights of audience. The choice depends on complexity, forum, and funding.

Can I get legal aid for an appeal

Legal aid is available for many criminal and civil appeals subject to financial eligibility and merits tests administered by the Scottish Legal Aid Board. Your solicitor can advise on eligibility and apply on your behalf.

How long does an appeal take

Timeframes vary widely. Some summary criminal appeals are resolved within a few months. Complex civil or tribunal appeals and any further appeals can take longer. Timetables are set by the relevant court or tribunal and can include written submissions and case management hearings.

What if I missed the appeal deadline

Some courts can allow a late appeal on cause shown, but this is discretionary and not often granted. You must explain the delay and show that justice requires the late lodging. Act quickly and seek advice immediately.

Can I appeal a small claim or Simple Procedure decision

Yes. Simple Procedure appeals from the Sheriff Court go to the Sheriff Appeal Court. Further appeal to the Court of Session is only on a point of law and requires permission. Time limits and permission rules are strict, so get advice promptly.

Additional Resources

Scottish Courts and Tribunals Service provides information on courts, tribunals, forms, fees, and rules.

Aberdeen Sheriff Court and Justice of the Peace Court can provide basic procedural information and court contact details for local cases.

Sheriff Appeal Court publishes guidance and decisions for civil and criminal appeals from Sheriff Courts.

High Court of Justiciary hears solemn criminal appeals and publishes judgments and practice notes.

Court of Session handles higher civil appeals, statutory appeals, and judicial review, including permission hearings.

Scottish Criminal Cases Review Commission considers applications alleging miscarriages of justice and can refer cases to the High Court.

Scottish Legal Aid Board provides information on legal aid eligibility and the application process for appeals.

Directorate for Planning and Environmental Appeals manages planning and related appeals to the Scottish Ministers.

Citizens Advice Scotland offers general guidance on legal problems and how to access legal help in your area.

Law Society of Scotland and Faculty of Advocates can help you find solicitors, solicitor-advocates, and advocates experienced in appeals.

Next Steps

Act quickly. Note the date and terms of the decision you want to challenge. Read any guidance on appeal rights included with the decision. Many time limits are very short.

Contact a Scottish solicitor with appeal experience in the relevant area. If your case started in Aberdeen, choose a solicitor who regularly appears in the Aberdeen Sheriff Court or who handles appeals from the north east.

Gather your papers, including the judgment or stated case, charge or claim documents, productions, and any correspondence. Ask your lawyer about obtaining transcripts or recordings where appropriate.

Discuss prospects, strategy, deadlines, and funding. Ask about legal aid, fixed fees, and the risk of expenses. Clarify whether you need an advocate or solicitor-advocate.

Protect your position. If necessary, instruct your lawyer to apply for interim suspension, interim interdict, or bail pending appeal. Make sure any notice or permission applications are lodged on time.

Follow your lawyer’s advice on preparing concise grounds of appeal and written submissions. Meet all timetables set by the court or tribunal and attend any hearings or virtual case management discussions as directed.

If you are unsure whether an appeal is the right route, ask about alternatives such as a statutory review mechanism, a fresh application, or judicial review. In criminal cases with potential miscarriages of justice, consider an application to the Scottish Criminal Cases Review Commission.

Throughout the process, keep copies of all filings and decisions, respond promptly to requests for information, and update your lawyer about any change of contact details or circumstances that could affect your case.