Module 8

Appeals, Senior Courts & Case Law

Losing a hearing is not the end. Know the route up, the deadlines, and the four judgments that decide most arguments before they start.

The escalation ladder

Tier 1

District Judge, Court of Protection

Appeal to a Circuit Judge (Tier 2) sitting in the Court of Protection.

Tier 2

Circuit Judge, Court of Protection

Appeal to a High Court judge (Tier 3) of the Court of Protection.

Tier 3

High Court judge, Court of Protection

Appeal to the Court of Appeal (Civil Division), with permission.

Court of Appeal

Civil Division

Appeal to the UK Supreme Court, with permission and a point of general public importance.

Before you appeal

You almost always need permission to appeal, and you must show the decision was wrong in law or seriously procedurally unfair. Strong feelings about the outcome are not grounds. If new evidence has emerged, an application to vary the existing order may be faster and cheaper than an appeal.

Appeal preparation

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Identify the errorAppeals succeed on an error of law or a decision that was wrong or unjust because of a serious procedural irregularity — not because you disagree.
Ask the judge for permission at the end of the hearing, if you can
Diarise the deadline — usually 21 days from the decisionCheck the order; it can be shortened or extended by the judge.
Request the transcript or judge's approved judgment early
File form COP35 (permission to appeal) with your grounds
Write numbered grounds — each one a single legal error
Apply for a stay if the order takes effect before the appeal is heard
Take legal advice before filing — appeals carry costs risks

The senior courts and Strasbourg

Three courts sit above the Court of Protection's own tiers. Each hears a different kind of argument, has its own deadline, and nearly always needs a solicitor on record.

Open the senior courts directory

Court of Appeal (Civil Division)

Hears appeals from High Court judges of the Court of Protection (Tier 3).
You need permission — ask the judge who made the decision first, then the Court of Appeal itself.
The deadline is usually 21 days from the order, unless the judge sets a different period.
It reviews errors of law and seriously unfair process — it does not re-hear the evidence.
Costs risks are real; get advice on funding before you file.

UK Supreme Court

The final UK court. It only takes cases raising an arguable point of law of general public importance.
Permission is needed — from the Court of Appeal or, more often, the Supreme Court itself.
The deadline is usually 42 days from the final order of the court below.
This is where Aintree, Cheshire West, ACCG and JB were decided — the cases in our library below.
Very few family cases get this far; strong legal aid or pro bono support is essential.

European Court of Human Rights (Strasbourg)

Not an appeal court — it hears complaints that the UK has breached the European Convention on Human Rights.
Most relevant here: Article 5 (liberty and security — deprivation of liberty) and Article 8 (private and family life).
You must exhaust domestic remedies first — normally a final UK court decision, or a completed complaint/judicial review where that was the right remedy.
Strict deadline: within 3 months of the final domestic decision. Miss it and the case is inadmissible.
Applying is free and can be done by post or online, but the form and admissibility rules are strict — get specialist advice early.

Case law library

Plain-English summaries. Read the real judgment before quoting it in court — these are a map, not a substitute.