Form N164: How to Appeal a Small Claims Track Order

At a glance

• What it is: Form N164 is the appellant's notice used to appeal a decision made in a case allocated to the small claims track (broadly, claims up to £10,000, subject to some exceptions).
• Time limit: 21 days from the date of the decision under CPR 52.12, unless the judge directed a different period at the hearing.
• Permission to appeal: Required in almost all cases under CPR 52.3. The test under CPR 52.6 is a real prospect of success, or some other compelling reason to hear the appeal.
• Grounds of appeal: Under CPR 52.21(3), the appeal court will allow an appeal only where the decision was wrong, or unjust because of a serious procedural or other irregularity.
• Fee: £147 to file an appellant's notice on a small claims track case in the County Court, per the GOV.UK EX50 fee schedule (last updated July 2025) — always check the current fee before paying, and ask about help with fees if eligible.
• Automatic stay: No. Under CPR 52.16, filing an appeal does not pause the original order — you must separately apply for a stay of execution.
• Who decides it: For an appeal within the County Court, a Circuit Judge reviews a District Judge's decision (Practice Direction 52B, paragraph 1.1(a)).

What Form N164 is and when you use it

Form N164 is the appellant's notice used in the County Court when someone wants to appeal a decision made in a case allocated to the small claims track. The small claims track is the procedural route used for lower-value civil disputes — generally claims worth up to £10,000, with some exceptions such as certain personal injury claims — and is set out in GOV.UK's small claims track guidance (EX306).

Use N164 only where your case was allocated to the small claims track. If it was on the fast track, intermediate track, or multi-track, or your appeal goes to the High Court or Court of Appeal, you use Form N161 instead. Getting this wrong can delay your appeal, so check the order or any track allocation notice you received before choosing a form.

When a District Judge or Deputy District Judge makes an order in a small claims track case, either party may be able to ask a Circuit Judge to review that decision — but only on limited grounds, and only with permission in almost every case. Form N164 is the document that formally starts that process: it records the parties, the order being challenged, the grounds relied on, and what you want the appeal court to do. It is also where you record any application for permission to appeal, a stay of the original order, or an extension of time.

Do you need permission to appeal?

In almost every case, yes. CPR 52.3(1)(a) requires permission for any appeal from a decision made by a judge in the County Court. The narrow exceptions in the rule — committal orders, refusals of habeas corpus, and certain secure accommodation orders — will not apply to a small claims track money or consumer dispute.

You can ask for permission in one of two ways:

1. At the hearing itself, from the judge who made the order.
2. In Form N164, if permission was refused at the hearing, or you did not ask for it at the time.

Under CPR 52.6, permission will only be given where the court considers the appeal would have a real prospect of success, or there is some other compelling reason for it to be heard. "Real prospect of success" does not mean you have to prove you will win — it means the appeal must have a realistic, rather than fanciful, chance of succeeding. Simply disagreeing with the outcome is not enough.

What counts as valid grounds of appeal

This is the part of the form that decides whether your appeal is even considered. Under CPR 52.21(3), the appeal court will only allow an appeal where the decision of the lower court was:

• wrong — for example, the judge misapplied the law, misunderstood the facts, or reached a conclusion no reasonable judge could have reached on the evidence; or
• unjust because of a serious procedural or other irregularity — for example, you were denied a fair opportunity to present your case, or there was a significant error in how the hearing was conducted.

Practice Direction 52B (paragraph 4.2(d)) requires your grounds of appeal to be set out on a separate sheet attached to the notice, in simple language, clearly and concisely explaining why the decision was wrong or unjust. Simply repeating your original arguments, or stating that you are unhappy with the result, is not a ground of appeal — the appeal court will not re-hear the case from scratch. Under CPR 52.21(1), every appeal is limited to a review of the lower court's decision unless a practice direction provides otherwise or the court considers a re-hearing is in the interests of justice.

The 21-day deadline — and how extensions work

Under CPR 52.12(2), you must file Form N164 within 21 days of the date of the decision you are appealing, unless the judge directed a different period at the hearing. This runs from the date the decision was given — not from any later date on which the order was formally sealed, or from a later refusal of permission to appeal by the lower court.

If that window has already closed, Practice Direction 52B, paragraph 3.2, requires you to include an application for an extension of time within Form N164 itself, explaining the reason for the delay and the steps you took. The court may grant or refuse the extension with or without a hearing (paragraph 3.3), and there is no guarantee it will be allowed — so act as quickly as possible once you decide to appeal.

What you must file with Form N164

Practice Direction 52B, paragraph 4.2, sets out what must accompany the appellant's notice:

• three copies of the appellant's notice, plus one additional copy for each respondent;
• a copy of the sealed order or determination under appeal;
• where the lower court already considered permission to appeal, a copy of the order granting or refusing it, together with Form N460, which records the judge's reasons; and
• your grounds of appeal, on a separate attached sheet.

Unlike most other appeals, small claims track appellants do not need to obtain an official transcript of the original hearing — Practice Direction 52B, paragraph 6.2, exempts small claims track cases from that requirement, though the court can still order one if it thinks it necessary.

Court fees for filing an appellant's notice

You must pay a court fee when you file Form N164, or apply for help with fees at the same time. As at the GOV.UK civil court fees (EX50) schedule, last updated July 2025, the fee for filing an appellant's or respondent's notice is £147 in the County Court on the small claims track, £171 in the County Court for other tracks, and £294 in the High Court. Court fees change periodically, so always check the current EX50 schedule on GOV.UK before you pay.

If you are on a low income or receive certain benefits, you may be able to apply for help with court and tribunal fees, which can reduce or remove the cost. Submit that application alongside your appellant's notice.

Applying for a stay of execution

Filing Form N164 does not automatically pause the order you are appealing. Under CPR 52.16, an appeal does not operate as a stay of any order or decision of the lower court unless the appeal court or the lower court directs otherwise. In practice, this means that if the order requires you to pay money or take some other action, that obligation continues while your appeal is pending.

If you want the order put on hold, you must separately apply for a stay of execution — you can do this within Form N164 itself. The court will weigh factors such as the strength of your grounds of appeal and the prejudice each side would suffer if a stay were, or were not, granted.

Worked example: Priya's late-payment dispute

Priya, a fictional small business owner, loses a small claims hearing over a disputed invoice. The District Judge orders her to pay £2,400. Priya believes the judge misapplied the terms of her written contract with the claimant — a point of law, not just a factual disagreement.

She has 21 days from the date of the hearing to file Form N164. Because permission to appeal was not raised at the hearing, she requests it in the form itself, along with a stay of execution so she is not forced to pay the £2,400 while the appeal is pending. On a separate sheet, she sets out her grounds: that the judge's interpretation of a specific clause in the contract was wrong in law, referencing the exact part of the judgment she is challenging. She files three copies of the notice, a copy of the sealed order, her grounds of appeal, and pays the £147 fee.

A judge considers permission on the papers. Because Priya's ground raises a genuine, specific point of contract interpretation — rather than simply disagreeing with the outcome — the court decides it has a real prospect of success and grants permission. The appeal is then listed to be heard by a Circuit Judge.

What happens after you file

The court processes the notice and, where permission is needed, a judge usually considers it on the papers first. If permission is refused without a hearing, Practice Direction 52B, paragraph 7.2, gives you a limited right to ask for the decision to be reconsidered at an oral hearing. If permission is granted, the appeal is listed for a hearing — for an appeal within the County Court, a Circuit Judge reviews the District Judge's decision (Practice Direction 52B, paragraph 1.1(a)). The respondent is notified and may file a respondent's notice in reply.

Because an appeal is a review, not a re-hearing, the appeal court will not normally receive oral evidence or evidence that was not before the original judge, unless it orders otherwise (CPR 52.21(2)). New evidence is only admitted in limited circumstances — broadly, where it could not reasonably have been obtained before and is likely to have an important influence on the outcome.

Practical next steps if you're considering an appeal

1. Check whether you have grounds and whether permission is needed. Work out, in specific terms, why the decision was wrong in law, wrong in fact, or unjust because of a serious procedural irregularity. Disagreeing with the outcome is not a ground of appeal.
2. Confirm the 21-day deadline. Count from the date of the decision, not the date the order was sealed. If you are already close to or past the deadline, prepare your extension-of-time explanation now.
3. Gather the sealed order and any reasons already given. You will need the sealed order, and, if permission was already considered, the order and Form N460 recording the judge's reasons.
4. Decide whether you need a stay of execution. If the order requires you to pay money or take action before the appeal is heard, consider whether to apply for a stay within Form N164.
5. Complete the parties and case details accurately. Cross-check the claim number, party names, judge's name, and decision date against the order itself — errors here can cause delay.
6. Pay the fee, or apply for help with fees, when you file. Check the current fee on GOV.UK, and submit a help-with-fees application at the same time if you are eligible.
7. Take advice early if the deadline is tight or the grounds are unclear. Because permission is refused unless the appeal has a real prospect of success, it is worth thinking the grounds through carefully before you commit court time and a fee to the process.

This guide provides general information about appealing a small claims track decision using Form N164 in England and Wales. It is not legal advice and is not a substitute for advice tailored to your specific circumstances. The law and fees described were accurate as at July 2026 and are subject to change — always check GOV.UK and legislation.gov.uk for the current position before you act.