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England & Wales

Court of Appeal (Civil Division)

Hears appeals from High Court judges of the Court of Protection (Tier 3). It reviews whether the decision was wrong in law or seriously unfair — it does not re-hear the evidence.

All senior courts

What this court hears

  • Appeals from Tier 3 (High Court judge) Court of Protection decisions.
  • Errors of law, such as the wrong legal test for capacity or best interests.
  • Serious procedural irregularity that made the decision unjust.

How to apply

  1. Ask for permission to appeal at the end of the hearing if you can.
  2. Request the transcript or the judge's approved judgment straight away.
  3. Write numbered grounds — each one a single legal error, with the page reference.
  4. File the appellant's notice within the deadline, with the order you are appealing.
  5. Apply for a stay if the order takes effect before the appeal is heard.

Costs: Court fees apply and you can be ordered to pay the other side's costs. Get advice on funding before you file.

Before you go there

  • Check whether varying the existing order would be faster than an appeal.
  • Make sure the complaint or public law route has been used where that is the right remedy.

General information, not legal advice. Take advice before filing — deadlines and costs are unforgiving.