Can I appeal?

I had an accident two years ago and started a compensation claim with my insurance company’s solicitors.  I attended the trial last week and lost the case. My claim was against a SUV driver for injuries and loss of earnings and some property damage and I was expected to win as the car turned across my path right in front of me. The judge believed the car driver’s version of events which was not true. My father said I should appeal the court’s decision and have a retrial! Can I appeal?

Simon R, by e-mail

Answer

You have 21 days from the date of the court decision in which to lodge an appeal with the court. To be successful, you will need to satisfy the appeal court that the judge was either obviously wrong in law or fact, that  they were seriously mistaken in the judgment or, to put that another way, that no reasonable judge would have found as they did.

You should ask your lawyer for their view on your prospects of appealing successfully and ask your legal expenses insurer to agree to fund and indemnify the appeal. If your claim is of modest value they may not agree to do so on the grounds of proportionality (the costs versus the benefit to be gained).

If the insurer will not agree to fund the appeal then your other option is to pay privately; however, you may decide the costs risk of losing is too great for that to be worthwhile.