Respondent's notice (For use in appeals in the Family Division of the High Court)
| Published date | 21 March 2018 |
| Subject Matter | Family law forms |
Guidance notes on completing the FP162 - Respondent’s notice
A free leaflet EX340 – ‘I want to appeal’ giving information about making an appeal in or to the Family
Division of the High Court (‘the High Court’) is available from any court or the Family Division Appeals Office
at the Queen’s Building, Floor 1M, Royal Courts of Justice, Strand, London WC2A 2LL. The leaflet will also
explain some of the terms and expressions used in these notes of guidance.
Other guidance and information is available about making an appeal to the High Court from the Family
Division Appeals Office.
• Court staff can help you complete the respondent’s notice and tell you about the procedure, but they
cannot give legal advice, for example, about the likely success of the appellant’s appeal, whether you
should reply to it, whether you should yourself appeal, or what you should write on the form if you
decide to reply.
• If you need legal advice about this appeal, you should contact a solicitor, Citizens Advice or a law or
advice centre.
• If you are legally represented, your solicitor should complete this form on your behalf.
When to file a respondent’s notice
You need to file a notice if you wish:
• to appeal against the order (appealing includes asking for the order to be varied); or
• to ask the appeal court to uphold the order for different or additional reasons. (This is not treated as
an appeal by the appeal court.)
If you want to defend (argue against) the appellant’s appeal without relying on different or additional reasons
to those given by the judge, you do not have to file a respondent’s notice. You should however file a skeleton
argument setting out your arguments for why you do not agree with the appeal.
IMPORTANT – time limits for filing your notice (Rule 30.5 FPR)
You have only a limited time in which to file your respondent’s notice.
You must file your respondent’s notice with the High Court:-
• within the time limit set by the judge whose order or decision is being appealed; or
• where that judge set no time limit, but the appeal relates to a case management decision,
within 7 days beginning with the date of service of:
• the appellant’s notice, where permission to appeal was given by the lower court or permission to
appeal is not required; or
• the notification that the appeal court has given the appellant permission to appeal; or
• the notification that the application for permission to appeal and the appeal itself are to be heard
together
• where that judge set no time limit, and the appeal is against a decision other than a case management
decision, within 14 days beginning with the date of service of:
• the appellant’s notice, where permission to appeal was given by the lower court or permission to
appeal is not required; or
FP162A - Guidance notes on completing the FP162 - Respondent’s notice (10.16) © Crown Copyright 2016
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