Ideally, you need to defend your repossession correctly at the first hearing, to have any chance of making an appeal and winning a second hearing. The form to lodge an appeal with the court is called an N161 application.
When you lodge an appeal to a District Judge’s decision, the difficulty lies with the power that a higher-level Circuit Judge has over a lower level District Judge and whether or not the decision made in your first application was on the grounds of the District Judges own discretion.
Even if the Circuit Judge feels that they would have made a different decision under their own personal discretion, they have to determine whether the District Judge was actually WRONG to reach the decision they did. The District Judge would, therefore, have to be wrong on a point of law for the Circuit Judge to be able to overrule their decision.
Importantly, therefore, if the District Judge made a decision that, based on his or her discretion, they refused to stop the eviction, there is no legal grounds to make an appeal because you do not like the decision. If you presented a legally structured defence and the District Judge ignored it, then you may have grounds for appeal.
Grounds For Appeal
The grounds for appeal will have to be spelt out in an N161 application, the fee for filing an N161 application is £255.
Lodging an appeal application will not always stop the eviction order from proceeding, certainly not if the Judge has not granted permission to appeal. Your application may well be heard after the eviction date and your locks have been changed, at which stage, it is difficult to win even on a point of law.
It is very important therefore to contact us as soon as possible, the longer we have to formulate the right strategy, the more successful we will be making sure you do not lose your home.