NEW CIVIL APPEAL FORMS

In the most unlikely event that you reckon the judge got it wrong, you can have a go at appealing their decision although you will almost always need permission from the court to do this. There have been recent changes on the identity of the  higher court to which an appeal now goes and from where you try and get that magic permission (see my posts on appeals in civil cases and appeals in family cases). Generally, the appeal will be destined for one judicial step up the judicial ladder at a time.

Procedural changes like this inevitably mean this blasted thing. New court forms? And so it is. In family cases, the notice of appeal form FP161 along will certain other forms changed on 3 October 2016 and, as from yesterday, certain amended civil forms were introduced including the notice of appeal in form N161 and the guidance notes to go with it in form N161A. The existing forms on hmctsformfinder.justice.gov.uk will be updated within the next few days.

APPEALING

In most family cases, appeals from circuit judges and recorders will be going to the High Court instead of the Court of Appeal as from 3 October 2016. The changes are made by the swingingly entitled Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) (Amendment) Order 2016 SI 2016/891. This will not affect appeals if notice or appeal was filed with the court before that date. So one judge on appeal instead of three (which many appellants will dislike) and faster and may be quicker and cheaper. 

There are some exceptions to the change. The main ones are appeals from decisions made on an appeal to the family court (so second appeals), in certain public law cases including care, supervision and emergency adoption proceedings and in adoption proceedings. They will continue to go to the Court of Appeal.