Introduction
Use this form to ask a court to set aside or vary a judgment, or suspend an enforcement process.
The time limit for an appeal is very short whatever the type of case and you need to act quickly. You can find the different time limits explained in the guidance notes that describe how to complete the appellant’s notice.
The time limit is either:
- the date set by the judge whose decision you are appealing against, or
- if the judge did not set a date, then you have 21 days from the date of the decision that you want to appeal against to send or take your request for permission to appeal to the court.
Do not wait for the actual court order to arrive otherwise you will miss the deadline.
If you miss the deadline, you can still request permission to appeal but you have to ask the court for an extension. The court is likely to say no unless you have a very good reason. There may be another court fee to pay, so the best thing is to make sure you get your paperwork in on time.
How to complete the form
Question 1 Fill in your name or the name of your legal representatives firm
Question 2 Tick the appropriate box
Question 3 Set out what order you are applying for and why; e.g. to adjourn the hearing because…, to set aside a judgment against me because… etc.
Question 5 Most applications will require a hearing and you will be expected to attend. The court will allocate a hearing date and time for the application. Please indicate in a covering letter any dates that you are unavailable within the next six weeks. The court will only deal with the application ‘without a hearing’ in the following circumstances.
• Where all the parties agree to the terms of the order being asked for;
• Where all the parties agree that the court should deal with the application without a hearing, or
• Where the court does not consider that a hearing would be appropriate.
Question 6 If you do not know how long the hearing will take do not guess but leave these boxes blank.
Question 7 If your case has already been allocated a hearing date or trial period please insert details of those dates in the box.
Question 8 If your case is being heard in the High Court or a District Registry please indicate whether it is to be dealt with by a Master, District Judge or Judge.
Question 9 Please indicate in the box provided who you want the court to send a copy of the application to, and their address for service.
Question 10 In this section please set out the information you want the court to take account of in support of the application you are making. If you wish to rely on: • a witness statement, tick the first box and attach the statement to the application notice. • a statement of case, tick the second box if you intend to rely on your particulars of claim or defence in support of your application. • written evidence on this form, tick the third box and enter details in the space provided. You must also complete the statement of truth. Proceedings for contempt of court may be brought against a person who signs a statement of truth without an honest belief in its truth.
Question 11 You must tell the court if you believe that you, or a witness who will give evidence on your behalf, are vulnerable in any way which the court needs to consider. You will need to explain in what way you or the witness are vulnerable and what steps, support or adjustments you wish the court and the judge to consider.
Question 12 The application must be signed and include your current address and contact details. If you agree that the court and the other parties may communicate with you by Document Exchange, telephone, facsimile or email, complete the details