Appealing the Decision in a Civil Case

Information

If you are unhappy with the result of your case, you may wish to appeal your case to a higher court. It will mean going through the entire process all over again.

If your case was commenced in the District Court, it can be appealed to the Circuit Court. A case commenced in the Circuit Court may be appealed to the High Court. A High Court case may be appealed to the Court of Appeal.

You may choose to appeal the original judge's decision in its entirety, i.e., his/her decision on who was to blame and the damages awarded (if they were awarded), in which case the appeal court may

  1. agree with the decision of the original court and uphold it or
  2. disagree with the decision of the original court and overturn it or
  3. increase or decrease the amount of damages awarded

If you are happy with decision made by the original judge in relation to who was at fault but unhappy with the amount of damages he/she has awarded, you may appeal the amount of damages awarded only. Then the appeal court may either increase or decrease the amount of damages awarded by the original judge.

If you lose your appeal, you will have to pay the costs of both sides so any offers to settle made by the other side should be seriously considered.

Page edited: 24 February 2015