Form N164 UK: Appeal a Small Claims Order (2026)

What this document is

Form N164 is the appellant's notice used in the County Court when someone wants to appeal a decision made in a case that was allocated to the small claims track. The small claims track is the procedural route used for most lower-value civil disputes, often involving consumer matters, minor debt claims, deposit disputes and similar issues.

When a District Judge or Deputy District Judge makes an order in such a case, either party may have the right to ask a higher judge to review that decision, but only on limited grounds. An appeal is not a chance to re-argue the case or introduce evidence that was not put before the original judge.

Instead, it focuses on whether the decision was wrong in law, wrong in fact, or unjust because of a serious procedural irregularity. Form N164 is the document that formally starts that process. It captures the parties, the order being challenged, the grounds being relied on, and what the appellant wants the appeal court to do.

It is also where any application for permission to appeal, a stay of the original order, or an extension of time is recorded.

How to use this document

1. Check whether you have grounds and whether permission is needed. Before filling in anything, work out why you think the order was wrong. Most appeals from the small claims track require permission, which can be sought from the judge who made the order at the hearing or from the appeal court using Form N164. Without an arguable ground, the appeal will not get off the ground.
2. Complete the parties and case details accurately. Set out the claim number, the names of the claimant and defendant exactly as they appear on the original order, the name of the judge who made the decision, and the date of that decision. Errors here can cause delay or rejection by the court office, so cross-check everything against the order itself.
3. Set out your grounds of appeal clearly. This is the most important part of the form. You need to explain, ground by ground, why the decision was wrong in law, wrong in fact, or unjust due to a procedural problem. Be specific and avoid simply saying you disagree with the outcome. Reference the parts of the judgment or hearing you are challenging.
4. Address Human Rights, stays, and other applications. The form asks whether any Human Rights Act 1998 issues arise, whether you want a stay of the original order while the appeal is decided, and whether you need any other directions, such as an extension of time. Tick the relevant boxes and add a short explanation where the form asks for it.
5. File on time with the required documents. The notice must usually be filed within 21 days of the decision, unless the judge set a different period. Send it to the court with a copy of the order being appealed, your written grounds, a skeleton argument if required, and any reasons for the decision the court has already given. Pay the relevant court fee or apply for help with fees if eligible.