Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
If you have won a case and the losing party is now appealing the decision, or you want to challenge part of an order yourself, Form N162 is the document that puts your position before the appeal court. It is the Respondent's Notice used for civil appeals in England and Wales, covering matters outside the Family Division of the High Court.
The form lets you respond to the appellant's grounds, ask the court to uphold the order (sometimes for different reasons), or seek permission to cross-appeal on points of your own. Getting it right matters because the appeal court relies heavily on the paperwork before any hearing.
This guide walks through what N162 is for, when you need to file one, and what goes into each section so you can approach it with confidence.
What this document is
Form N162 is the official Respondent's Notice used in the civil appeal process in England and Wales. It is the counterpart to Form N161, which is filed by the appellant. Any respondent who wants to participate actively in an appeal, rather than simply relying on the lower court's reasoning, will typically need to file N162.
You would use it if you want to ask the appeal court to uphold the original order for reasons the lower court did not give, or if you want to challenge part of the order yourself (a cross-appeal, which usually needs permission from the court). The form applies to appeals to the County Court, the High Court (other than the Family Division), and the Court of Appeal Civil Division.
Family Division appeals use different paperwork. The form sits under Part 52 of the Civil Procedure Rules, which sets out the framework for appeals, time limits, and what supporting material must accompany the notice, including grounds, a skeleton argument, and the relevant bundle of documents.
How to use this document
Confirm the form is right for your appeal. N162 covers civil appeals in the County Court, the High Court outside the Family Division, and the Court of Appeal Civil Division. If your case is a family matter in the High Court Family Division, you will need a different form. Double-check the court that made the order being appealed before you start filling anything in.
Fill in the case details and parties. Enter the case or claim number exactly as it appears on the original order, the full title of the case, and the names of each party. Note whether there are additional respondents, provide a realistic time estimate for the appeal hearing, and specify which order or orders are being appealed along with the date they were made.
Set out your position on permission and grounds. Indicate whether you need permission to appeal (needed if you are cross-appealing) or whether permission is not required because you are simply responding. Include whether you hold a Civil Legal Aid Certificate and whether the appeal raises any Human Rights Act 1998 issues. Then draft clear, numbered grounds for your appeal or for upholding the order.
Prepare your skeleton argument and requested outcome. Attach a skeleton argument that explains why each ground should succeed, referring to the evidence and any authorities you rely on. State clearly what decision you want the appeal court to make, for example dismissing the appeal, varying part of the order, or granting your cross-appeal. Add any other applications you are making in Parts A and B.
File the notice and serve it on the other parties. List the documents going into your bundle, such as the respondent's notice itself, witness statements, affidavits, and relevant court orders. File within the deadline set by the appeal court or the Civil Procedure Rules, pay the court fee (check gov.uk for the current amount), and serve copies on every other party as required.
A respondent files N162 if they want the appeal court to uphold the order for reasons the lower court did not give, or if they want to cross-appeal on part of the decision. If you are content to rely on the original judgment and the reasons in it, you may not need to file N162 at all. The rules under CPR Part 52 set out the circumstances in which a Respondent's Notice is required.
Q How long do I have to file Form N162?
The appeal court usually sets a deadline in its order granting permission to the appellant, and you must file within that timeframe. If no period is specified, the Civil Procedure Rules set a default period running from the date you are notified that permission has been granted or the appeal will proceed. Missing the deadline can mean losing the chance to participate, so act quickly once you receive the appellant's paperwork.
Q What is the difference between N161 and N162?
Form N161 is the Appellant's Notice, filed by the party who lost and wants to challenge the decision. Form N162 is the Respondent's Notice, filed by the party who won but wants to add arguments, raise new points in support of the order, or cross-appeal. They work together in the appeal process, and both are governed by CPR Part 52.
Q Do I need permission to file Form N162?
If you are only asking the court to uphold the order for reasons not given below, you generally do not need permission. If you want to challenge part of the order yourself (a cross-appeal), you will usually need permission to appeal, which can be requested within the N162 itself. The court then decides whether to grant permission on the papers or at a hearing.
Q What is a skeleton argument and do I have to file one?
A skeleton argument is a concise written summary of the legal points you will rely on at the appeal, referencing relevant authorities and evidence. For most appeals using N162, a skeleton argument must accompany the notice or be filed within a set period afterwards. Appeal courts expect clear, numbered arguments that make it easy for the judge to follow your position.
Q Is there a court fee for filing Form N162?
A fee generally applies when filing a Respondent's Notice, and the amount depends on the type of appeal and the court involved. Fee remissions may be available if you are on a low income or receive certain benefits. Check gov.uk for the current fee and any remission guidance before filing.
Q Can I file Form N162 without a solicitor?
Yes, you can file N162 as a litigant in person, and many respondents do. The form itself is straightforward to complete, but the grounds of appeal and skeleton argument often raise complex points of law and procedure. Many people find it helpful to talk through their situation with an experienced legal adviser before drafting these sections.
A respondent's notice can shape whether an appeal succeeds, and getting the grounds and skeleton argument right is not straightforward. An experienced legal adviser can help you think through your options based on what you describe, so you feel clearer before you file.
✓Plain-English answers to your specific questions about N162
✓Practical perspective on grounds and cross-appeals in your situation
✓Clarity on deadlines and what to watch out for in your case
✓Guidance tailored to what you describe about the original order
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Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.