WHAT IS FORM N162 USED FOR?

Form N162 is the respondents notice form. 

Form N162 can be used for the following – 

• Form N162 is used by you to reply to an appeal made by the applicant – The applicant is the person who initiated the original court hearing that is being appealed. You – the other party are called the respondent. 
• Form N162 can also be used by you to appeal a court hearing, except to the Family Court of the High Court – You can apply to the court to –
  • • Appeal a court order to vary it or dismiss it.
    • Ask to the court to uphold/agree with the original court order the applicant is appealing against for additional or different reasons. These additional reasons differ from the reasons declared originally by the judge/magistrate. The court hearing the appeal will not treat this as an appeal. 

Where and when should you file your form N162 with the court  –

• • You must file your form N162 at the same court that the appellants notice was filed by your ex-partner. The form used to submit an appeal by an applicant is called the appellants notice.
  • You must file form N162 in the timeframe set by the judge whose court order is being appealed.
  • Where the judge whose court order is being appealed has set no timeframe you must file within 14 days after the date of you were served the appellants notice –
    • • If permission to appeal was given for the applicant to file an appeal. 
      • If permission is not required (in some cases – mainly magistrate cases).
      • The court where the appeal is being heard has given the appellant permission to appeal.
      • The court where the appeal is being heard has given notification that the permission to appeal and the appeal itself are being heard together.

If your ex-partner has submitted an appellants notice to the court appealing a court decision and has asked for permission to appeal within their appellants notice then you DO NOT have to do anything until permission to appeal has been granted by the court that is hearing the appeal.

ARE THERE ANY GOVERNMENT OR OUR OWN L.I.P HELP GUIDES OR WRITE UPS TO HELP YOU COMPLETE FORM N162?

There are government guidance notes N162A to help you complete form N162.

LINK TO GOVERNMENT GUIDANCE NOTES FOR FORM N162A

LINK TO GOVERNMENT NOTES FOR RESPONDENTS N161B

You can also click on our Help Guide for How To Appeal A Family Court Decision. 

LINK TO OUR L.I.P HELP GUIDE FOR HOW TO APPEAL A FAMILY COURT DECISION

WHAT IS THE FEE TO SEND FORM N162 TO THE COURT AND HOW TO PAY FOR IT? 

Yes, there is a fee. Please refer to government guidance form 200 which lists the fees.

LINK TO GOVERNMENT GUIDANCE FORM 200 FOR FEES

• Please attach a cheque or postal order made payable to HM Courts & Tribunal Service.
• If you are on certain benefits or on a low income you can apply to the court to have your fees paid for you. The form you need is called form EX160. You can complete and submit the form online or download a hardcopy from the government website. You will need to attach proof of your benefits, your income, and/or 3 months bank statements. The government website also has the EX160A guidance notes which you can download and read to help you complete form EX160. You can send the completed form EX160 with all attachments along with your completed form N162 for the court to consider. Or you could have sent your completed form EX160 to the court in advance and received a ‘help with fees’ reference number starting with HWF to write on the form you are asking help with, in this case, form N162.

LINK TO OUR L.I.P HELP GUIDE FOR FORM EX160 (Here, you can access both form EX160 & EX160A guidance notes)

HOW TO COMPLETE FORM N162 AND WHERE TO SEND IT.

• NOTE 1 – The ex-partner who initiated the original hearing that is being appealed is the petitioner or applicant. The other ex-partner is the respondent. The ex-partner who filed the appeal is called the appellant and the other party is the respondent to the appeal.
• NOTE 2 – You can complete this form online and then print a hard copy. Alternatively you can download it, print it and then complete by black pen. 
• NOTE  3 – If you find there is not enough space to complete your answers on your form N162 then please use additional sheets of paper to continue on and attach them to your form. Please write your name, address, case number and question number on the top of your additional sheets of paper. 
• NOTE 4 – You must send (serve) your ex-partner (the applicant) or their solicitor a copy of your form N162 and all attachments and a bundle if you have one within 7 days from when you have filed your respondents notice with the court.
• NOTE 5 – Please keep a copy of your form N162 and all attachments for yourself outside of the ones you send to the family court.
• Form N162 is 9 pages long.
• In the top right hand corner of page 1 you must write the name of the court where the appeal is being heard and the appeal court reference/case number.
• In section 1 you will be asked to write the name of the court, case number, name of title of case and what was your status in the case (applicant, respondent or other) in the boxes provided.
• Section 2 will ask for you to write your full name, your address and your telephone number. If you are legally represented then you must write their details in the boxes provided. If there are other respondents you must write their details on a separate sheet and attach it to your form N162. Please write your name, date of birth, case number and question number on the sheet.
• Section 3 will ask you how long do you estimate it will take you to state/explain your case to the appeal court at the hearing and who will represent you at the appeal hearing. If your appeal is being heard at the court if appeal in London then you do not have to complete this section. 
• Section 4 will ask you details about the original court case – title and name of judge and date of court case/court order. If only part of the court order is being appealed then you must detail that part in the space provided. 
• Section 5 will ask you if permission to appeal the court order stated in section 4 above has been granted.
  • If permission has been granted by the judge whose court order you are appealing against then you must tick the ‘YES’ box and complete box A. Box A will ask you to write down the date of the court order granting permission, title and name of the judge who granted it and the name of the court where it was granted. 
  • If you do not have permission because you did not ask at the hearing at which the court order you are appealing against was made or permission has been refused by the judge who made the court order or you do not need permission then you must tick the ‘NO’ box and then complete box B. Box B will ask you to inform the court whether you do not need permission or whether you are seeking permission and if you are please write your name in the space provided. You do not need permission if you are asking the court that is hearing your appeal, to uphold the decision of the original court order even though it is for different or additional reasons. 
• In section 5 you will now be asked if you are making any other applications, if you are in receipt of a civil legal aid certificate and does your appeal include any issues arising from the human rights act 1998. Please tick the relevant box.
• Section 6 will ask you to detail your grounds or reasons for your appeal. You will need to tick either the box that says you want to appeal the court order or the box that says do you want the appeal court to uphold the court order on different or additional grounds then you must explain why in the space provided. If you can list your reasons in short numbered paragraphs. You must not include any reasons which rely on new evidence (evidence that has become available since the hearing where the court order you are appealing was made). If you want to produce new evidence you will need to ask for permission from the court using form N244.

LINK TO OUR L.I.P HELP GUIDE FOR FORM N244

• Section 7 will ask you about your skeleton argument. Your skeleton argument will support, defend and give more detail on your grounds for appeal. It must contain what type of hearing you are appealing, what in the court order you are appealing, why you believe the court order is wrong, and what decision or what you want the court that is hearing your appeal to do. It must explain in detail the reasons for your appeal including why the initial decision is wrong, if it is due to a procedural reason, or an irregularity in the proceedings. This whole document should not really be longer than 20-25 pages. Your skeleton argument must be filed with the court and served on the appellant within 14 days of sending in your respondents notice. The skeleton argument can be – 
  • Written in the space provided in section 7 and continued on separate sheets of paper that you will attach to your form N162. 
  • Written separately on a document and attached to your form N162
  • The government has provided a template for a skeleton argument. It is called form N163. This template can only be used for appeals. Please click on the link below to access the template.

LINK TO OUR L.I.P HELP GUIDE FOR FORM N163 

• Section 8 will ask you what decision would you like the court hearing your appeal to make.
  • Are you asking for them to set aside the court order you have stated in section 4 above.
  • Would you like it to be varied. If you are asking for it to be varied please state details about the ‘new’ court order you would like it substituted for in the box provided.  
  • Would you like a new trial to be ordered. 
  • Are you asking the court hearing your appeal to make additional orders. If so please give details in the box provided.
  • Are you asking the court hearing your appeal to uphold the court order but for different or additional reasons. If so please give details in the box provided.
• Section 9 will ask you if you are making any applications for additional courts orders.
  • If you would like to apply to the court hearing your appeal for an extension of time to file your respondents notice and supporting documents then you must state this in section 9. You must give your reasons. 
  • If you want to make any other additional court order you can do this by stating in section 9 what additional court orders you want to apply for and give your reasons in the boxes provided in part A and attach a draft copy. You will then be asked whether you will rely on evidence or a witness statement. You must tick the relevant box in part B. In part C you must detail the evidence you will rely on for your additional application if this is the case. ALTERNATIVELY you can make a separate application using form N244. Additional applications can be –
    • • Amending your respondents notice after it has been filed at court. You can amend your skeleton argument without making an application.
      • Ask the court that is hearing your appeal to issue a stay on the court order or suspend any action in the case pending the outcome of the appeal if you do not already have this.
      • Producing new evidence in the appeal.
      • Asking for permission to produce oral evidence at the appeal hearing. You will need to give reasons why this new evidence was not produced before and reasons why you think it is important.
      • To ask for security of costs – the appellant be ordered to pay a sum of money into the court hearing the appeal sufficient to cover any costs the appellant may be ordered to pay in the appeal.
      • To ask for an oral hearing if permission for your appeal has been denied.

LINK TO OUR L.I.P HELP GUIDE FOR FORM N244

• You then will be asked to sign a statement of truth on page 8
• Section 10 will ask you to tick the box of the supporting documents you will be filing in your bundle. You must give details where asked. If you have not supplied supporting documents you will now be asked to give reasons why and the date when you expect these supporting documents to be available.
• You will now be asked to sign your form N162 at the bottom of page 9.
• As stated above you must send a copy of your respondents notice and bundle, if you have one, to the applicant/your ex-partner or their solicitor within 7 days after you have filed your form at court. 

WHERE CAN YOU FIND FORM N162/DOWNLOAD THIS FORM?

Please click on the link  below to download form N162 from the government website. Please complete and send by post (signed for recorded delivery).

LINK TO GOVERNMENT WEBSITE FOR FORM N162

WHEN WAS FORM N162 FIRST PUBLISHED AND LAST UPDATED?

Form N162 was first published by the government (HM Courts & Tribunals Service) on 01-10-2016 and last updated on 09-02-2021.