Can I appeal the judge’s decision?

I was in court 2 weeks ago for my bike accident compensation claim. I was claiming against a van driver for injuries caused in the accident but I lost at court. A lawyer friend said I could appeal the judge’s decision and have another trial. The van driver turned across my path in front of me. The judge found in favour of the van driver but I’m not sure that he understood the evidence that I gave in the witness box. Should I appeal?

Ryan, by e-mail

Answer

There is a time limit of 21 days from the court decision in which to lodge an appeal. To succeed you will need to show that the judge was either “plainly wrong” in law or fact (and that this had an influence on the result) or that he was seriously mistaken in his judgment – in other words that no reasonable judge would have found as he did.

I suggest you ask the lawyer who represented you to write an urgent short opinion on the prospects of a successful appeal and ask your legal expenses insurer to pay for it. They may not due to proportionality (costs versus benefit to be gained) if the case is only of modest value. You haven’t said how seriously injured you were. If the insurer does not agree to fund the appeal then your other option is to pay privately. You may decide the costs risk of losing mean it wouldn’t be worthwhile.