Appeal pending: what it means

What the label tells you

Appeal pending is a status, not an outcome. It tells you that a higher court has the matter and has not decided it. The US federal courts glossary describes an appellate court as one with power to review the judgment of a lower court or tribunal ¹.

It does not tell you whether the lower decision is paused. That depends on whether a court granted a stay. A stay is an action taken by a court to stop a legal proceeding or the actions of a party ⁵.

Does the lower court decision still apply?

In England and Wales, rule 52.16 of the Civil Procedure Rules says an appeal shall not operate as a stay of any order or decision of the lower court, save where the appeal court or the lower court orders otherwise ². Appeals from the Immigration and Asylum Chamber of the Upper Tribunal are an exception ².

In US federal courts, Rule 8 of the Federal Rules of Appellate Procedure says a party must ordinarily move first in the district court for a stay of the judgment or order pending appeal ³. A party can seek approval of a bond or other security to obtain a stay, or an order on an injunction during the appeal ³.

So a record that says appeal pending, with no stay entry, points to a decision that remains in force.

How long an appeal can be lodged

Time limits set when an appeal can start. In England and Wales, where the lower court gives no direction, the appellant's notice is due 21 days after the date of the decision the appellant wishes to appeal ². Rules 52.8 to 52.11 and Practice Direction 52D set specific limits for some appeals ².

Other systems set their own periods. Check the procedural rules of the court concerned before reading a gap in the record as a sign that no appeal was filed.

Permission stages at top courts

Some top courts first decide whether to hear an appeal at all. The UK Supreme Court publishes monthly permission to appeal decisions, with outcomes of granted, granted in part or refused ⁴. It states that a refusal, and the reasons for it, have no status as a precedent ⁴.

In the United States, a writ of certiorari is an order of the US Supreme Court directing the lower court to transmit records for a case it will hear on appeal ¹.

How an appeal ends

• Affirmed: the appellate court finds the lower decision correct and it will stand ¹.
• Reversed: the court sets aside the decision of the lower court ¹.
• Remanded: the case goes to a lower court for further proceedings ¹.
• Set aside or varied: powers of an appeal court in England and Wales, with power to order a new trial or hearing ².
• Heard en banc: a session with the entire membership of a court participating ¹.

Where to check

US federal appeals are on PACER, which allows search by court or through a national index ⁶. India's eCourts portal offers case status, cause lists and orders for High Courts ⁷. The UK Supreme Court's monthly permission tables show the outcome of each application, most with a decision date ⁴.