Step 16: Appeals
We've looked at what you can do when you win, but what if you lost? In the vast majority of cases you will probably be best advised to chalk it down to experience. The small claim procedure is all about quick effective and economic justice. The system doesn't claim to deliver perfect justice every time - after all how could it? Consequently the opportunities for reopening a case after judgment has been given and raking over the ashes are extremely limited.
1. Grounds for Appeal
In order to qualify for the right to appeal you must be able to show that the decision was:-
"Wrong; or unjust because of a serious procedural or other irregularity…"
Be careful with the word "wrong". This is not the same as you simply disagreeing with the Judge's decision. Quite simply it must be a major error of law or fact similar "irregularities" must be viewed in the context of the informed nature of small claims hearings and the Judge's wide discretion on matters of procedure.
2. Permission to Appeal
The Courts permission to appeal needs to be obtained and it will only be granted of it has "a real prospect of success" or on the rare occasion "some compelling reason" for it to proceed.
Permission can be sought at the hearing itself. If permission is refused at that stage, or not requested, you can apply to the Court within 14 days.
If permission is given notice must be served on the other party.
3. The Appeal Hearing
The appeal will be hear by a Circuit Judge. Unlike the small claim court the procedure is formal and lay representatives are not allowed.
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