Sometimes there is a restriction on the right to appeal, for example the High Court may need to give leave to appeal before the Court of Appeal can deal with the case. The most common examples are in European Arrest Warrant cases, and certain types of planning cases.
You can lodge a notice of appeal outside the 28-day limit if the respondent (the party on the other side) provides you with a letter consenting to the late filing of your appeal. If they do not consent, you can apply to the Court of Appeal by way of notice of motion for an extension of time.
You must pay court stamp duty on documents associated with an appeal unless they are exempt from duty. The main types of cases where no stamp duty is payable are extradition, family law, civil cases arising out of criminal proceedings (i.e. bail and judicial review), bankruptcy and asylum.
An order made in proceedings on appeal from the Circuit Court to the High Court cannot be appealed to the Court of Appeal.
The form of notice of appeal is in the court rules. If there is a section in the form that is not relevant to your appeal, do not delete the section - enter ‘N/A’ instead. You must provide the following information:
- Title of the case as on the High Court order
- Decision you want to appeal (e.g. Order of the High Court dated ….)
- Grounds of appeal (the reasons why you want to appeal)
- Order you want the Court of Appeal to make
- Documents you will rely on
- Contact details for you and the respondent to the appeal – including email addresses and telephone numbers
If the High Court delivered a written judgment in your case, you must lodge a copy of the judgment. If not, you may/must request a transcript of the judgment. The office will provide you with information as to how you apply for a transcript.
You must sign and date the notice of appeal form. You must pay court stamp duty - currently €250.00 - on the notice unless your appeal is exempt from the payment of duty.
You should bring your notice of appeal and at least two copies to the Court of Appeal Civil Office, Áras Uí Dhálaigh, Inns Quay, Dublin 7. You will also need an attested copy of the High Court order you want to appeal. You must request the attested copy from the High Court Central Office. Attested means that it contains a form of certificate which is noted on the copy order. You must pay court stamp duty - currently €15.00 - for an attested copy.
You can send a notice of appeal by post, but not by email.
At the court office, staff will check your notice of appeal to ensure that it complies with the court rules. If your form is in order, the appeal will be allocated a date for a court listing six to eight weeks later (a ‘directions’ date). This is the date the appeal will appear in court for directions as to the lodgment of written legal submissions and for the allocation of a hearing date.
The office will give you date-stamped copies of your notice to appeal. You must serve a copy on the respondent (the other party to the appeal) within seven days and keep a copy for yourself.
The respondent has 21 days to lodge and serve a Respondent's notice setting out grounds of opposition to the appeal.
If the appeal is from an order made in the Commercial Court the appeal will be given a date for the first Directions List after the appeal is lodged and the directions given by the Court will include time for the Respondent’s Notice.
If the appeal comes within the category of civil appeals arising from proceedings which have a custody or criminal element (eg extradition, bail, Article 40/habeas corpus, and judicial review in criminal proceedings the appeal will be given the earliest available directions date for the criminal case-management list which is taken on a Friday in the Criminal Courts of Justice Building.