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Appeal law covers the legal processes you use when you want a higher court or tribunal to review a decision made by a lower court, tribunal, or public body. In Ilford, as elsewhere in England and Wales, appeals can relate to criminal convictions and sentences, civil disputes, family matters, planning and housing decisions, immigration and asylum determinations, employment cases, and certain administrative decisions by local authorities. The precise route and rules for an appeal depend on the type of decision being challenged and the court or tribunal that made it.
Appeals are procedural and technical. A lawyer can help you assess whether you have grounds to appeal, meet strict time limits, prepare written arguments, obtain transcripts and evidence, and represent you at hearings. Common situations where people need legal help include:
- Criminal appeals after a conviction or sentence that may be unsafe or excessive.
- Appeals from magistrates courts or county courts to higher courts.
- Judicial review or appeals against local authority or administrative decisions, including planning and housing refusals.
- Appeals in family law that affect contact, residence, or financial orders.
- Immigration and asylum appeals to the First-tier Tribunal or Upper Tribunal.
- Employment appeals to the Employment Appeal Tribunal.
Because appeals can lead to different outcomes than the original hearing - for example quashing a decision, ordering a retrial, varying a sentence, or sending the matter back for reconsideration - specialist appellate advice can be decisive.
Key legal and procedural points relevant to appeals in Ilford include the following:
- Court structure and routes - Criminal appeals may progress from Magistrates' Court to Crown Court and then to the Court of Appeal. Civil appeals commonly go from County Court or High Court to the Court of Appeal. Tribunals use a two-tier system - First-tier Tribunal then Upper Tribunal. Planning appeals go to the Planning Inspectorate rather than a local court.
- Permission or leave to appeal - Many appeals require permission from the lower court or the appellate court before the full appeal can proceed. The test for permission varies by jurisdiction and matter.
- Time limits - Appeals are time sensitive. Many types of appeal require a notice to be filed within a short period after the original decision. The applicable time limit depends on the court or tribunal and the subject matter.
- Grounds for appeal - Appeals do not usually allow you to rehear all factual evidence. Typical grounds include errors of law, procedural unfairness, unreasonable or unsupported findings of fact, or that the decision was outside the decision-maker's legal powers.
- Evidence and records - Appellate courts normally rely on the record of the original hearing, certified transcripts, and written submissions such as a skeleton argument. New evidence is sometimes allowed but only in limited circumstances.
- Costs and funding - Losing an appeal can lead to an order to pay the other party's costs in some cases. Legal aid is available for certain criminal appeals and limited civil matters. Alternatives include private retainer, conditional fee agreements, or fixed-fee services.
Valid grounds usually involve an error of law, a procedural unfairness that affected the outcome, a finding of fact that no reasonable tribunal could have reached, or a decision made beyond the authority of the decision-maker. Mere dissatisfaction with the outcome, without an identifiable legal or procedural error, is not usually enough.
Time limits vary by the type of matter and the forum that made the decision. Many criminal and civil appeals require action within a few weeks of the decision, while some administrative or planning appeals may have longer periods. Because deadlines are strict, get advice promptly to avoid losing your right to appeal.
Not always, but often. Some appeals proceed automatically if the statute or practice allows it, while others require permission from the lower court or from the appellate court. Permission is usually granted only if there is an arguable point of law or another substantial issue to be decided.
Generally, appeals are decided on the record from the original hearing. New evidence is only admitted in limited, exceptional circumstances, for example if it was not reasonably available at the time of the original hearing and it could materially affect the outcome.
An appellate court may allow or dismiss the appeal. Other outcomes include quashing the original decision, varying the order or sentence, remitting the case back to the lower court for reconsideration, ordering a retrial, or making an award for costs. The precise remedy depends on the case and the error identified.
Solicitors can prepare and manage many appeals and can instruct a barrister to provide specialist advocacy if required. Some solicitors have higher rights of audience and can appear in higher courts. For complex appellate advocacy, a barrister experienced in appeals is often instructed.
Costs vary widely with complexity, length of hearing, and whether you instruct a barrister. You may be ordered to pay the other side's costs if you lose. Check eligibility for legal aid, discuss fee arrangements with potential lawyers, and ask for an estimate of total costs before proceeding.
Legal aid is available in some criminal appeals and in a limited range of civil cases, such as certain family matters or cases involving children. Most civil appeals do not qualify for legal aid. Early assessment by a legal aid adviser or solicitor will determine eligibility.
You can request a record or transcript from the court office that handled your case. For appeals, a certified transcript is often necessary. Your lawyer can help obtain the transcript and ensure it is in the correct format for the appellate court.
Timescales vary by jurisdiction and complexity. Some appeals are decided on the papers within weeks, while others require a full hearing and can take several months to a year or more. Tribunal appeals and planning appeals may also have statutory timetables that affect timing.
When seeking help with an appeal in Ilford, consider these local and national bodies for information, assistance, or representation:
- Your local council - Redbridge London Borough Council for planning or housing administrative matters.
- Citizens Advice - local bureau in Ilford or Redbridge for general guidance and signposting.
- Local law centres - community legal advice organisations that may offer assistance or referrals.
- HM Courts and Tribunals Service - for information about court locations, procedures, and filing requirements.
- The Planning Inspectorate - for planning appeals and procedural guidance.
- The Ministry of Justice - for general information about appeals and courts.
- The Bar Pro Bono Unit and local pro bono services - for potential free legal representation in suitable cases.
- Specialist practitioners - solicitors or barristers who specialise in criminal appeals, civil appeals, immigration, family law, or planning as relevant to your matter.
If you think you have grounds to appeal, follow these practical steps:
- Act quickly - note any deadlines and seek advice without delay.
- Gather documents - collect court orders, judgments, the original case bundle, witness statements, and any relevant correspondence.
- Obtain the record - ask for the transcript or record of proceedings as soon as possible.
- Get legal advice - contact a solicitor or legal adviser who handles appeals in the relevant area of law for an initial assessment.
- Check funding options - discuss legal aid eligibility, fee arrangements, and potential cost risks.
- Prepare your case - work with your lawyer to draft grounds of appeal and a skeleton argument, and to obtain permission to appeal if needed.
- Consider alternative dispute resolution - in some civil or family matters, settlement or mediation may be an option before or during the appeal process.
Appeals are technical and time sensitive. Early legal advice will help you understand your chances of success, the likely process, and the best way to proceed from Ilford.
