Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
An appeal is a formal request to a higher court or tribunal to review a decision made by a lower court, tribunal or public body. In and around Sandbach, in Cheshire East, appeals cover a wide range of areas - criminal, civil, family, planning, administrative and employment. The local justice pathway typically involves magistrates' courts, county courts, family courts and higher courts and tribunals based in the wider Cheshire region. The appeal route and procedure you must follow depend on the kind of decision being challenged, the court or tribunal that made the decision and the time limits that apply.
Appeal law is technical and tightly time-limited. A specialist lawyer can help in several common situations:
- Criminal appeals: to challenge a conviction or sentence from a magistrates' court or the Crown Court, including advising on grounds for appeal and applying for permission to appeal. Legal representation is often crucial for presenting complex legal arguments before the Court of Appeal.
- Civil appeals: where you believe a judge got a point of law wrong, you may need a solicitor or barrister to prepare legal arguments, draft grounds of appeal and represent you at a hearing.
- Family appeals: issues such as child arrangements or welfare decisions frequently require expert family law advice to navigate applications to the Family Court or Court of Appeal.
- Planning and administrative appeals: if a local planning decision is refused, or if you want to challenge an administrative decision, a planning lawyer or public law solicitor can prepare the case for the Planning Inspectorate or for judicial review.
- Employment appeals: appeals from employment tribunals to the Employment Appeal Tribunal require specialised legal knowledge and presentation of questions of law.
A lawyer helps assess prospects of success, meets strict deadlines, applies for permission to appeal where necessary, frames legal grounds effectively and presents oral and written submissions in a persuasive way.
Key local and national legal elements relevant to appeals in the Sandbach area include:
- Court and tribunal structure - Local and regional courts handle first instance matters. Appeals progress to higher levels such as the Crown Court, County Court, High Court, Employment Appeal Tribunal, the Court of Appeal and, in rare cases, the Supreme Court.
- Permission to appeal - Many appeals require permission from the court that made the decision or from the appellate court itself. Permission is commonly granted only where there is a real prospect of success or some other compelling reason to proceed.
- Strict time limits - Appeal time limits are often short and vary by area of law. Missing a deadline can prevent you from pursuing an appeal unless you obtain the court's permission for late filing based on compelling reasons.
- Grounds of appeal - Appeals are usually based on legal error, procedural unfairness, or in some circumstances, where the decision was unreasonable. The appeals court generally does not re-hear evidence unless new evidence is exceptional and meets a high threshold.
- Local planning and development - Local planning decisions by the council can be appealed to the Planning Inspectorate. Judicial review is a separate route used to challenge public law decisions, typically on illegality, irrationality or procedural unfairness.
- Legal aid and funding - Public funding for appeals is limited and governed by the Legal Aid Agency. Criminal appeals often have access to public funding, but civil and family funding is more restricted and based on merits and means tests.
Whether you can appeal depends on the type of decision, the court or tribunal that made it and the grounds available for appeal. Generally, appeals must address an error of law, a procedural irregularity or an unreasonable decision. A lawyer can review the judgment and advise on whether there are arguable grounds for appeal and what the likely prospects of success are.
Time limits vary by area of law. Deadlines are often short - commonly within a few weeks to a month of the decision. Planning appeals and judicial review claims have their own specific time limits. Because the limits can differ and are strictly enforced, seek legal advice promptly if you are considering an appeal.
Many appeals require permission from the court that made the decision or from the appellate court. Permission is usually granted only if there is a real prospect of success or an important point of law to consider. A solicitor or barrister can prepare the permission application and the written grounds to maximise the chances of permission being granted.
Costs depend on the complexity of the appeal, the level of court, whether expert reports are needed and whether you instruct a solicitor and a barrister. Court fees, preparation time and representation fees all contribute to the total cost. In criminal cases, public funding may cover legal costs for eligible defendants. In civil and family matters, legal aid is limited and subject to means and merits tests.
Yes. You can be a litigant in person, but appellate procedure is technical and deadlines are unforgiving. Representing yourself is possible for straightforward cases, but high-value, complex or high-stakes appeals usually benefit from specialist legal representation.
Appeal courts generally do not consider new evidence unless there is a very good reason why it could not have been produced at the original hearing and the evidence is credible and could have affected the outcome. Rules differ between jurisdictions, so get legal advice before attempting to rely on new material.
Typical stages include filing notice of appeal and grounds, applying for permission if needed, exchanging written submissions, and then an oral hearing if permission is granted or if one is scheduled. At the hearing, legal representatives present arguments, answer questions from the judges and respond to the opposing side. The appellate court then issues a decision, which can confirm, vary, set aside or remit the original decision.
Common grounds include errors of law, misdirection in applying the law, procedural unfairness or breach of natural justice, and decisions so unreasonable that no reasonable decision-maker would have made them. The specific grounds available depend on the area of law and the tribunal or court involved.
If you miss the deadline, you must apply for an extension and show a good reason for the delay. Courts are reluctant to extend time without strong justification. Prompt action and legal advice improve the chance that an extension will be granted where appropriate.
Look for solicitors or barristers who specialise in appeals and the relevant area of law - criminal, civil, family, planning or employment. Check professional membership and accreditation, such as the Law Society or specialist accreditation schemes. Local advice organisations and the Law Society can help you identify experienced practitioners in the Cheshire East area. Ask potential lawyers about their appeals experience, success rate, fees and whether legal aid is available in your case.
Helpful organisations and public bodies to consult when considering an appeal include local and national bodies that provide information and support:
- HM Courts & Tribunals Service - for court procedures and forms
- The Law Society - to find and check solicitors' credentials
- The Bar Council - to find barristers and understand advocacy options
- Legal Aid Agency - for public funding eligibility and applications
- Citizens Advice - for general legal guidance and local advice points
- Planning Inspectorate - for planning appeals and guidance on the planning appeal process
- Employment Appeal Tribunal - for information about employment law appeals
- Local authority legal services - for information about local government decisions and planning processes
- Local Citizens Advice Bureau or community legal advice centres in Cheshire East - for free or low-cost initial advice
If you are considering an appeal, follow these practical steps:
- Act quickly - identify the appeal deadline for your type of case and mark it. Time limits are strict.
- Obtain the judgment or decision and any written reasons - these are essential for assessing grounds of appeal.
- Get an early assessment from a lawyer who specialises in appeals in the relevant field - they can advise on merit, costs and the correct forum for appeal.
- Check eligibility for legal aid or other funding - in criminal matters public funding is often available, while in civil areas funding is limited.
- Prepare to gather a focused legal case - appeals require clear legal arguments, concise written grounds and often precise factual records from the original hearing.
- If appropriate, instruct a barrister for advocacy at higher court hearings, and coordinate with your solicitor for paperwork and case management.
Appeals are an important safeguard against wrong or unfair decisions, but they are complex. Early specialist advice will give you the best chance of presenting a strong appeal and achieving a favourable outcome.
