County Court appeal
The court can look at whether the penalty should stand, whether the employer is liable and whether the amount should be reduced or cancelled.
This page is for the appeal stage. It does not replace the general civil penalty notice guide and it is different from our Home Office civil penalty objection service. It is aimed at employers dealing with an objection outcome or considering court action.
If the Home Office has maintained, reduced only slightly or increased a civil penalty after objection, the next step may be an appeal to the County Court. The appeal route can be powerful, but it is litigation and the decision to proceed should be made on evidence, prospects and commercial risk.
We advise on whether a County Court appeal is worth bringing, what evidence can still be developed, whether the Home Office has applied the civil penalty scheme correctly, and whether judicial review should be considered instead or alongside pre action correspondence.
When this service is the right fit
- your Home Office objection has been refused or only partly successful
- the penalty has been maintained at a level that is commercially significant
- the Home Office increased the penalty after considering the objection
- you need advice on County Court appeal, pre action correspondence or judicial review
- there is a linked sponsor licence, compliance or reputational risk
County Court appeal and judicial review are different
Pre action correspondence
A carefully drafted letter can put the Home Office on notice of legal flaws and may prompt reconsideration before proceedings are issued.
Judicial review
This is used where the challenge is to the lawfulness, fairness or rationality of the Home Office decision making process.
How NA Law Solicitors helps
We review the civil penalty notice, the objection, the objection outcome, the evidence bundle and any Home Office correspondence. We then advise on prospects, risk, timing and the most proportionate route.
If the matter proceeds, we prepare the appeal grounds, supporting evidence and written submissions. Where judicial review is more appropriate, we prepare pre action correspondence and advise on the next procedural step.
Fees
Stage 2 County Court appeal: £5,000 plus VAT.
This covers the appeal from notice of appeal through to preparation of the appeal bundle and written arguments. Hearing attendance is quoted separately where required.
Stage 3 pre action correspondence and judicial review preparation: £3,500 plus VAT.
This covers pre action letter drafting, Home Office correspondence and preparation for judicial review. Issuing and pursuing proceedings beyond the permission stage is quoted separately.
Send us your enquiry
Tell us what has happened and NA Law Solicitors will come back to you with the next step.
If you have a Home Office notice, DVSA letter or other document, mention it in the summary. We can request the document securely if needed.
By submitting the form, you agree that we may use your information to respond to your enquiry. See our privacy policy.
Frequently asked questions
When does the County Court appeal deadline run from?
In most cases the appeal deadline is 28 days from the date of the Home Office objection outcome notice. The exact deadline should be checked immediately.
Is this page for the first Home Office objection?
No. This page is for the stage after an objection outcome, or where litigation strategy needs to be considered. Employers still preparing the first Home Office objection should use the objection page.
Can judicial review help with a civil penalty?
Judicial review may be relevant where the Home Office has acted unlawfully, unfairly or outside its powers. It is different from asking the County Court to reduce or cancel the penalty on the merits.
Need advice on this issue?
Send the short enquiry form on this page and we will come back to you with the next step.
Get advice before the appeal window closes
If you have received an objection outcome notice, the appeal deadline may already be running. NA Law Solicitors can assess the decision and advise whether an appeal or pre action challenge is justified.
NA Law Solicitors is authorised and regulated by the Solicitors Regulation Authority. SRA No. 645049. This page is general information and is not legal advice.