Appealing a Defamation Judgment in the UK: Grounds, Process and Costs

Losing a defamation case — or winning but receiving inadequate damages — can be deeply frustrating. The Court of Appeal offers a route to challenge the outcome, but appeals are not automatic and require specific legal grounds. This guide explains the entire appeals process for UK defamation cases.

Grounds for Appealing a Defamation Judgment

An appeal is not a re-hearing of the case. The Court of Appeal will only intervene where the trial judge made an error of law, an error in the application of the law to the facts, or where the decision was one that no reasonable judge could have reached. The main grounds include:

• Error of law — the judge misinterpreted the Defamation Act 2013 or applied the wrong legal test (e.g., the serious harm threshold under section 1)
• Procedural irregularity — a significant procedural error that affected the fairness of the trial
• Perverse findings of fact — the judge reached factual conclusions that were unsupported by the evidence
• Excessive or inadequate damages — the damages award was outside the range that any reasonable jury or judge would consider appropriate

Time Limits for Filing an Appeal

You must file an appellant's notice within 21 days of the date of the judgment you wish to appeal. This is a strict deadline — late applications require the court's permission and are rarely granted without exceptional circumstances.

The notice must set out the grounds of appeal clearly and concisely. It should identify the specific errors in the judgment rather than simply expressing dissatisfaction with the outcome. A skeleton argument must accompany the notice or be filed shortly after.

Permission to Appeal

In most cases, you need permission to appeal. This can be sought from the trial judge immediately after judgment, or from the Court of Appeal itself. Permission will be granted only if the court considers that the appeal has a "real prospect of success" or there is "some other compelling reason" for the appeal to be heard.

Statistics show that permission is refused in the majority of applications. This underlines the importance of having specialist appellate counsel assess the merits before committing to the process.

The Appeal Hearing

If permission is granted, the appeal will be listed for a hearing before two or three Lord Justices of Appeal. The hearing typically focuses on legal argument rather than witness evidence. New evidence is only admitted in exceptional circumstances under Ladd v Marshall principles.

• Dismiss the appeal and uphold the original judgment
• Allow the appeal and substitute its own judgment
• Order a retrial before a different judge
• Vary the damages award upward or downward

Costs of Appealing a Defamation Judgment

Appeals are expensive. Budget between £25,000 and £75,000 for a straightforward appeal, with complex cases exceeding £100,000. The losing party on appeal will usually be ordered to pay the successful party's costs, adding to the financial risk.

Conditional fee agreements (CFAs) and damages-based agreements (DBAs) may be available for appeals with strong prospects. After-the-event (ATE) insurance can also provide a safety net against adverse costs orders. See our guide to defamation claim costs for more detail.

Supreme Court Appeals

In rare cases, a further appeal lies to the Supreme Court. This requires permission from the Court of Appeal or the Supreme Court itself, and is only granted where the case raises a point of law of general public importance. Very few defamation cases reach this stage, but landmark decisions such as Lachaux v Independent Print Ltd [2019] have shaped the law significantly.

Key Takeaways

• Appeals must be filed within 21 days and require permission
• The court looks for errors of law, not simply disagreement with the outcome
• Costs are significant — £25,000 to £100,000+ — with adverse costs risk
• New evidence is rarely admitted on appeal
• Specialist appellate advice is essential before proceeding