Appeal To The Court of Appeal – Homelessness

Introduction

This workflow only covers how to issue appeal in the Court of Appeal following the dismissal of an appeal pursuant to Section 204 of the Housing Act 1996 on a homelessness decision in the County Court.

There is some very useful information at the Gov.UK web site on this subject. The information is designed for litigants in person rather than lawyers but it contains useful links to the up to date forms, the fees and guidance on how the Appeal Bundle should be prepared.

Step 1- Apply to Amend Legal Funding Certificate – to cover advice on appeal

Step  2 – Instruct counsel to prepared an Advice on the merits of the appeal and on whether the Legal Funding Certificate should be amended to cover the appeal

Step 3 – Apply to Amend Legal Funding Certificate – to cover an application for permission

Step 4 – Instruct Counsel To Prepare the Grounds of Appeal

Step 3 – Issue the Appeal

  1. Check for the most up to date version of the Appellant’s Notice Form N161.
  2. Complete the Appellant’s Notice
  3. Prepare a letter to the Court of Appeal
  4. Send the papers to the Court of Appeal

Step 4 – Apply for Transcript of the County Court Judgment

The Gov.UK information on obtaining a transcript can be found here. The provision of transcripts of judgments and hearings should be one of the basic services that Her Majesty’s Court and Tribunal Service provides. However reasons which I am not aware of the process is more complicated than asking the Court to provide it. It is necessary to arrange for an independent transcript provider prepare the transcript. They obtain the recordings of the the hearing / judgment from the Court, type it up and then send it to the Judge for approval. This can often take a long time.

There are a number of different transcript providers. I generally use Marten Walsh Cherer. The names of the others can be found at Section A10 of the Transcript Request Form EX107

The procedure to be followed is:-

  1. Complete Form EX107
  2. Send the completed Form EX107 to Court
  3. Send a copy of the completed Form EX107 to the Transcript Provider
  4. After 7 days check with both the Court and the Transcript Provider that the request for a transcript are being processed.
  5. Pay the fee for the transcript

 

 

Step 5 – Serve Documents on Respondent

Step 6 – File Appeal Bundle