Very few Dispute Resolution Service (DRS) cases are appealed. In the DRS an appeal is heard by a panel of experts
If you want to appeal, you must act within 10 working days of the date that the parties are deemed to have received the decision.
You have two options:
- you can send your appeal notice (see below) and the appeal fee (£3,000 + VAT)
- or you can send a notice of intention to appeal (which is just a letter or email saying that you want to appeal, but not giving details of why) plus a deposit of £300 + VAT.
If you send a notice of intention to appeal, you then have a further 15 working days to submit your full appeal notice to us and the remainder of the appeal fee. The deposit is non-refundable.
An appeal notice should not be more than 1000 words and should explain your full reasons for appealing, but should not contain any new evidence or attachments. This is your only chance to put your case to the appeal panel, but do not forget that they will already have all the paperwork from the first decision.
What we do next
We will send the appeal notice to the other party, who can then send an appeal notice response (also limited at 1,000 words) which should explain why the appeal should be turned down.
The appeal panel
Appeals are heard by three experts, and they have 30 days to make their decision. In many ways, they act like a normal expert, except that you cannot appeal an appeal decision.
An appeal decision is said to be 'persuasive but not binding' on other experts. This means that if an appeal panel has set out some general principle about the DRS, other experts are likely to follow it, but they can decide not to if they want.