Is it worth appealing against a judgment?

Question

José Manuel Alburquerque · Accepted Answer

It depends on whether the judgment contains an error that can be shown from what is already in the case file, on what is at stake for you and on the risk of paying costs. An appeal is not a second trial. The “Audiencia Provincial”, the provincial appeal court, reviews the judgment on the basis of the evidence already taken and only admits new evidence in exceptional cases. No one can give you a reliable percentage chance of success for your case. And if you have been ordered to pay, appealing does not usually buy time, because the winning party can generally ask for the judgment to be enforced straight away. What the provincial appeal court can change The provincial appeal court can review both the facts and the law applied by the judge, but it does not rehear the case. It works from the recording of the hearing and from the documents and reports already submitted. Where the judgment is based on what the witnesses or the parties said, whom the judge saw and heard in person, appeal courts usually respect the judge's assessment, unless it is illogical or contradicts other evidence. Appeals that point to a specific error, such as a document the judge failed to take into account, a rule wrongly applied or a miscalculation, stand a better chance. The provincial appeal court only decides on the issues put before it and cannot leave the appellant worse off than before. The exception is where the other party also appeals or challenges the judgment on the points that go against it. That is why it is also worth considering what the other party might dispute in the judgment. What to weigh up Before deciding, it is worth weighing up these questions with your lawyer: Whether there is an error that can be proved. Disagreeing with the outcome is not enough. What is at stake for you compared with what it costs to appeal. You have to pay the lawyer and the court agent (“procurador”), plus a deposit of 50 euros. If the provincial appeal court dismisses the whole appeal, you will normally also have to pay the other side's costs of the appeal. If it finds in your favour, even if only in part, you will not have to pay them. Time. Until the provincial appeal court decides, the judgment is not final. In some appeal courts, such as Barcelona's, the wait can last years. The possibility of an agreement. The appeal is often a good time to negotiate, because both parties have something to lose. If an agreement is reached, the appellant can withdraw the appeal. If you have been ordered to pay Appealing does not, as a rule, prevent a judgment against you from being enforced while the appeal is decided. The winning party can apply for provisional enforcement, which means demanding what the judgment orders straight away even though it is not final, without having to provide any security. There are exceptions, such as an order to sign a deed, which cannot be enforced until the judgment is final. If the provincial appeal court later overturns the judgment, whoever was paid must repay what they received and compensate for the loss caused. That is why appealing just to delay payment does not usually work.