Form N244: Application Notice — General Court Application (2026 Guide) | eLitigant

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Form N244: Application Notice — General Court Application (2026 Guide)

Form N244 is the most frequently used form in English civil litigation after the claim form itself. It is the general application notice — the form you use whenever you need to ask the court to make an order during the course of proceedings. Whether you are applying for summary judgment, to strike out a hopeless claim or defence, to set aside a default judgment, to obtain relief from sanctions, to amend your statement of case, to extend a deadline, to adjourn a hearing, or for almost any other interim order, Form N244 is how you make that application. If you are involved in civil proceedings in England and Wales, you will almost certainly need this form at some point. This guide is comprehensive — it covers every section of the form, the most common types of applications, the court fees, the procedural rules, and the mistakes that can cost you your application.

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When Do You Need Form N244?

You need Form N244 whenever you want to ask the court to make an order that is not already provided for by a specific procedure. The range of applications you can make using this form is enormous. Here are the most common:

  • Summary judgment (CPR Part 24) — asking the court to decide the claim (or a particular issue) without a full trial because the other party has no real prospect of succeeding and there is no other compelling reason for a trial.
  • Strike out (CPR r.3.4) — asking the court to strike out all or part of a statement of case because it discloses no reasonable grounds for bringing or defending the claim, is an abuse of process, or is likely to obstruct the just disposal of proceedings.
  • Set aside default judgment (CPR Part 13) — asking the court to set aside a default judgment that was entered against you, either because it was entered incorrectly (mandatory set aside under r.13.2) or because you have a real prospect of defending the claim (discretionary set aside under r.13.3).
  • Relief from sanctions (CPR r.3.9) — asking the court to grant relief where you have failed to comply with a rule, practice direction, or court order and a sanction has been imposed or will apply automatically.
  • Extension of time — asking for more time to take a procedural step (such as filing a defence, serving witness statements, or complying with a direction).
  • Amendment of a statement of case (CPR r.17.1) — asking for permission to amend your particulars of claim, defence, or other statement of case after the deadline for amendment without permission has passed.
  • Specific disclosure (CPR r.31.12) — asking the court to order the other party to disclose specific documents or categories of documents.
  • Unless order — asking the court to make an order requiring the other party to take a step by a specified date, failing which their claim will be struck out or their defence entered.
  • Adjournment — asking the court to postpone a hearing.
  • Security for costs (CPR r.25.12) — asking the court to order the other party to pay money into court as security for your costs.
  • Interim payment (CPR r.25.6) — asking the court to order the defendant to make a payment on account of damages or debt before the final hearing.
  • Injunction (CPR Part 25) — asking the court to order a party to do something or refrain from doing something.
  • Permission to appeal — in some circumstances, permission to appeal is sought by filing Form N244 at the lower court.

This is not an exhaustive list. Form N244 is the default mechanism for making any application to the court where no other specific form or procedure applies.


What Form N244 Involves

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Form N244 is your written request to the court. It tells the court:

  • What order you are asking for — stated precisely.
  • Why you are asking for it — the legal and factual basis.
  • What evidence you rely on — either set out in the form itself or in a supporting witness statement.

The form must be served on every other party to the proceedings (unless you are making a without-notice application — see below). The other party then has the opportunity to respond, either in writing or at a hearing.

Most applications made on Form N244 are dealt with at a hearing. However, some applications can be dealt with on paper (without a hearing) if the parties agree or the court considers a hearing unnecessary. The court can also deal with urgent applications by telephone in exceptional circumstances.


Court Fees for Form N244

This is one of the first things people ask about, so here are the current fees (2026):

Type of Application Court Fee (2026)
Application by consent or without notice (and not seeking a hearing) £119
Application with notice (hearing required) £303

These fees apply to most applications made on Form N244. There are some exceptions — for example, applications in small claims track cases where the fee may differ, or applications that are exempt from fees by statute.

If you are on a low income or receiving qualifying benefits (such as Universal Credit, Income Support, or Income-based Jobseeker’s Allowance), you may be eligible for a fee remission through the Help with Fees scheme. You apply using form EX160 at the same time as filing your application. For guidance on eligibility, contact hello@elitigant.com.

The court fee must be paid when you file the application. If you do not pay the fee (and do not have a Help with Fees remission), the court will not process the application.


How to Complete Form N244: Step by Step

Form N244 is divided into numbered sections. Each must be completed carefully — a poorly drafted application is less likely to succeed and more likely to cost you money in wasted fees and adverse costs orders.

1. Case Details

Enter the claim number, the name of the court, and the full names of all parties. If there are multiple claimants or defendants, list them all. The claim number is essential — without it, the court cannot locate your case file.

2. What Order Are You Asking For?

This is the single most important section. State the exact order you want the court to make. Do not be vague — the court needs to know precisely what you are requesting.

Good examples:

  • “An order that the Defendant’s defence be struck out under CPR r.3.4(2)(a) on the grounds that it discloses no reasonable grounds for defending the claim.”
  • “An order granting the Claimant permission to amend the Particulars of Claim in the form of the draft attached to the witness statement of [name] dated [date].”
  • “An order setting aside the default judgment entered on [date] under CPR r.13.3 and granting the Defendant permission to file a defence within 14 days.”
  • “An order for summary judgment in favour of the Claimant under CPR Part 24 on the grounds that the Defendant has no real prospect of successfully defending the claim and there is no other compelling reason for the claim to be disposed of at a trial.”
  • “An order granting the Claimant relief from the sanction imposed by the order of District Judge [name] dated [date] under CPR r.3.9.”

Bad examples:

  • “I want justice.” (Not a specific order.)
  • “I want the court to sort this out.” (Not an order at all.)
  • “Strike out.” (No legal basis, no specificity.)

If you are asking for multiple orders, list each one separately and in order of priority.

3. Why Are You Making This Application?

Set out the factual and legal basis for your application. This should be concise but complete. Explain:

  • The relevant facts — what has happened that gives rise to the application.
  • The legal test — what rule, statute, or case law supports the order you are seeking.
  • Why the court should grant the order — how the facts satisfy the legal test.

For example, if you are applying to set aside a default judgment under CPR r.13.3:

“The Defendant applies to set aside the default judgment entered on 15 January 2026. The Defendant has a real prospect of successfully defending the claim because [brief summary of defence — for example, the goods were delivered in accordance with the contract and the Claimant’s complaint was made outside the contractual complaints period]. The Defendant did not file a defence within time because . The Defendant applied to set aside the judgment promptly on 17 February 2026, seven days after becoming aware of it.”

You can set this out in the body of the form or, for longer applications, in a separate witness statement (see below).

4. What Evidence Do You Rely On?

You have three options:

  • Evidence set out in the box on the form — suitable for short, simple applications (such as an extension of time where the facts are straightforward).
  • A witness statement filed with the application — suitable for most substantive applications. The witness statement should set out the relevant facts in numbered paragraphs, exhibit any documents you rely on, and be verified by a statement of truth.
  • Evidence already filed in the proceedings — if the evidence you need is already on the court file (for example, in previously filed witness statements), you can refer to it. But make sure the court and the other party can easily locate it.

For applications for summary judgment, strike out, and set aside, a witness statement is almost always required. Do not try to squeeze a complex factual argument into the small box on the form — prepare a proper witness statement.

5. How Do You Want the Application to Be Dealt With?

You can request:

  • At a hearing — this is the default for most contested applications. The court will list a hearing, usually 15 to 60 minutes depending on the complexity.
  • Without a hearing — if you believe the application can be decided on the papers (for example, a consent order or a straightforward extension), you can request this. The court may still list a hearing if it considers one necessary.
  • By telephone — in urgent cases, the court can hear applications by telephone. This is rare and usually reserved for genuine emergencies (such as urgent injunctions).

6. Notice

Most applications must be made on notice — meaning you must serve Form N244 on every other party at least three clear days before the hearing (CPR r.23.7(1)). “Clear days” means you do not count the day of service or the day of the hearing. So if the hearing is on Friday, you must serve by Monday at the latest.

Some applications can be made without notice. These include:

  • Applications where delay would cause serious prejudice — for example, a freezing injunction to prevent the defendant from dissipating assets.
  • Applications where the rules specifically allow without-notice applications — for example, certain interim injunctions under CPR Part 25.
  • Applications by consent — where both parties agree to the order, a without-notice application is appropriate because there is no opposition.

If you make a without-notice application, you have a duty to make full and frank disclosure — you must tell the court everything relevant, including points that go against you. Failure to comply with this duty can result in the order being set aside.

7. Service

State when and how you will serve the application on the other parties. Under CPR r.23.7, you must serve the application notice, any witness statement in support, and a draft of the order you are seeking at least three clear days before the hearing.

If you have already served the other party (for example, by email with their consent), confirm this on the form and attach proof of service.

8. Payment of Court Fee

State the fee paid. Attach the fee payment or confirm that you have applied for Help with Fees. The court will not list the hearing until the fee is paid or a Help with Fees application is processed.

9. Statement of Truth

If the form contains evidence (in the box at section 4), it must be verified by a statement of truth. Sign and date the form. If your evidence is in a separate witness statement, the witness statement will have its own statement of truth, and the form itself does not need one for the evidence — but the form still needs to be signed.


The Most Common N244 Applications in Detail

Summary Judgment (CPR Part 24)

Summary judgment is an application to determine a claim or issue without a full trial. The test under CPR r.24.2 is:

  • The respondent (the party against whom summary judgment is sought) has no real prospect of succeeding on the claim or defence.
  • There is no other compelling reason why the case should be disposed of at a trial.

“No real prospect” means more than merely arguable but less than probable. If the respondent has a realistic (not fanciful) prospect of success, summary judgment will be refused.

You can apply for summary judgment as a claimant (seeking judgment on the claim) or as a defendant (seeking dismissal of the claim). Defendants applying for summary judgment are essentially arguing that the claim is so weak it should not proceed to trial.

When preparing the application:

  • File a witness statement setting out the facts and exhibiting key documents.
  • Identify the specific claim, defence, or issue you want the court to determine.
  • Address any potential arguments the other party might raise.
  • Serve the application and evidence at least 14 days before the hearing (CPR r.24.4(3)), not just the standard three clear days.

The court fee is £303 (with notice, 2026).

Strike Out (CPR r.3.4)

A strike out application asks the court to remove all or part of a statement of case. The grounds under CPR r.3.4(2) are:

  • (a) The statement of case discloses no reasonable grounds for bringing or defending the claim — the claim or defence is legally unsustainable even if every fact alleged is true.
  • (b) The statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings — for example, a claim brought for an improper purpose or a defence that is deliberately obstructive.
  • (c) There has been a failure to comply with a rule, practice direction, or court order — for example, a party has failed to comply with a direction and the court strikes out their statement of case as a sanction.

Strike out is a drastic remedy. The court will not strike out a claim or defence unless it is satisfied that no amount of amendment could save it (ground (a)) or the conduct is sufficiently serious (grounds (b) and (c)).

Set Aside Default Judgment (CPR Part 13)

If a default judgment has been entered against you, you can apply to set it aside using Form N244. There are two grounds:

Mandatory set aside (CPR r.13.2): The court must set aside the judgment if it was entered prematurely, the claim form was not properly served, or an acknowledgment of service or defence was filed before judgment was entered.

Discretionary set aside (CPR r.13.3): The court may set aside the judgment if:

  • You have a real prospect of successfully defending the claim (the same test as for resisting summary judgment), or
  • There is some other good reason why the judgment should be set aside or you should be allowed to defend.

The court also considers whether you applied promptly after learning of the judgment. Delay counts against you — the longer you wait, the harder it becomes.

When applying to set aside, you should:

  • File a witness statement explaining why you did not respond to the claim in time.
  • Set out your proposed defence in sufficient detail for the court to assess whether it has a real prospect of success.
  • Act quickly — the court’s expectation is that you apply within days or weeks of learning about the judgment, not months.

The court fee is £303 (with notice, 2026).

Relief from Sanctions (CPR r.3.9)

If you have failed to comply with a rule, practice direction, or court order and a sanction has been imposed (or will apply automatically — for example, under an unless order), you can apply for relief from sanctions.

The court applies the three-stage test from Denton v TH White Ltd [2014] EWCA Civ 906:

  1. Was the breach serious or significant? — trivial breaches are readily excused. Serious breaches require more justification.
  2. Why did the breach occur? — the court considers the reason for the failure. Incompetence, negligence, or indifference are poor reasons. Illness, unexpected events, or circumstances beyond your control are more sympathetically treated.
  3. Considering all the circumstances, should relief be granted? — the court weighs the need for compliance with rules against the consequences of refusing relief. Relevant factors include the effect of the breach on the other party and the administration of justice.

Relief from sanctions applications are among the most difficult in civil litigation. The courts have been strict since the Jackson reforms, and litigants in person are held to the same standards as represented parties (though the court may give some latitude for genuine lack of understanding).

When applying:

  • File a full and honest witness statement explaining the breach and why it occurred.
  • Apply promptly — delay in seeking relief is itself a factor the court considers.
  • Offer to pay the other party’s costs caused by the breach.
  • Show that you have now complied (or will comply immediately if relief is granted).

Extension of Time

This is one of the simplest applications but also one of the most frequently needed. If you need more time to take a procedural step — filing a defence, serving witness statements, exchanging disclosure — you can apply on Form N244.

If the deadline has not yet passed, the application is straightforward: explain why you need more time and propose a new deadline. The court will usually grant a reasonable extension if the other party does not object.

If the deadline has already passed, you are in relief-from-sanctions territory (see above), which is much harder. This is why applying for extensions before deadlines expire is critical.

The court fee is £119 if made by consent or without notice, or £303 if a hearing is needed.

Amendment of Statement of Case

After the deadline for amendment without permission (CPR r.17.1(2) — any time before the case management conference in most cases), you need the court’s permission to amend. The court will grant permission unless the amendment would cause prejudice to the other party that cannot be compensated by costs.

File a witness statement exhibiting the proposed amended statement of case (showing the amendments in red or tracked changes). The court assesses whether the amendment has a real prospect of success and whether allowing it would be fair to all parties.


Key Deadlines

Event Deadline CPR Reference
Serve N244 on other parties At least 3 clear days before hearing CPR r.23.7(1)
Serve summary judgment application At least 14 days before hearing CPR r.24.4(3)
Respondent to file evidence in reply At least 7 days before hearing (summary judgment) CPR r.24.5(1)
Applicant to file evidence in response At least 3 days before hearing (summary judgment) CPR r.24.5(2)
Apply for relief from sanctions As soon as possible after the breach Denton v TH White Ltd
Without-notice application — full and frank disclosure At the hearing CPR r.25.3(3)

These deadlines are strictly enforced. Missing the service deadline for an application can result in the hearing being adjourned (at your cost) or the application being dismissed.


What Happens After You File Form N244

Once you file Form N244 and pay the court fee:

  1. The court lists a hearing — for applications with notice, the court allocates a hearing date and time. You will receive a notice of hearing. Hearing times depend on the complexity of the application — straightforward matters may be listed for 15 to 30 minutes; summary judgment or strike out applications may be listed for 30 to 60 minutes or longer.

  2. You serve the application on the other parties — you must serve the application notice, any supporting evidence (witness statement and exhibits), and a draft of the order you are seeking. Do this at least three clear days before the hearing (or 14 days for summary judgment).

  3. The other party responds — the respondent may file and serve evidence in reply. For summary judgment, the respondent must file evidence at least seven days before the hearing. For other applications, there is no fixed deadline, but evidence should be filed in good time.

  4. The hearing takes place — both parties attend (in person or by video). You (or your representative) present your application, the other party responds, and the judge makes a decision. The judge may give judgment immediately or reserve judgment for a later date.

  5. The court makes an order — if the application succeeds, the court makes the order requested (or a modified version). If it fails, the application is dismissed. The court will also deal with costs — the losing party usually pays the successful party’s costs of the application.
  6. Costs — the general rule is that the unsuccessful party pays the successful party’s costs. For applications on the fast track and multi-track, costs can be significant. On the small claims track, costs are limited. The court may summarily assess costs at the end of the hearing or order them to be assessed later.

Common Mistakes to Avoid

  1. Not stating the order clearly — the most common error on Form N244 is failing to specify the exact order sought. If the court cannot tell what you are asking for, your application will fail or be adjourned for clarification. Draft the order you want as precisely as possible.
  2. Filing without evidence — for substantive applications (summary judgment, strike out, set aside, relief from sanctions), you almost always need a supporting witness statement. The box on the form is not enough for complex applications. Prepare a proper witness statement with numbered paragraphs and exhibits.
  3. Missing the service deadline — three clear days before the hearing is the minimum. If you serve late, the other party may ask for an adjournment, and the court is likely to grant it — with costs against you. For summary judgment applications, the deadline is 14 days.
  4. Not paying the court fee — the court will not process the application without the fee. If you cannot afford it, apply for Help with Fees at the same time. Do not file the form without the fee and hope the court will process it anyway — it will not.
  5. Making the wrong type of application — applying for summary judgment when you should be applying for strike out (or vice versa) can result in failure. The tests are different: summary judgment asks whether the respondent has a real prospect of success; strike out under r.3.4(2)(a) asks whether the statement of case discloses reasonable grounds. Make sure you are using the right legal basis.
  6. Not addressing the legal test — every application is assessed against a specific legal test. If you do not address the test in your application, the judge has no basis for granting your order. For summary judgment, address the “no real prospect” test. For relief from sanctions, address the Denton three-stage test. For set aside, address the CPR r.13.3 criteria.
  7. Applying for relief from sanctions too late — the longer you wait after the breach, the harder it is to obtain relief. The court in Denton emphasised the importance of promptness. Apply as soon as you become aware of the breach — ideally within days.
  8. Not preparing for costs consequences — if your application fails, you will usually be ordered to pay the other party’s costs. For a summary judgment hearing, those costs can run into hundreds or even thousands of pounds (on the multi-track). Make sure your application has a realistic prospect of success before incurring those costs and that risk.
  9. Filing a without-notice application when notice is required — if you make a without-notice application without good reason, the court will either refuse to hear it or hear it and then order it to be re-heard on notice — wasting time and potentially costs. Only use the without-notice route when the rules permit it and there is genuine urgency or a specific procedural basis.
  10. Forgetting the draft order — CPR Practice Direction 23A paragraph 12 requires you to file a draft of the order you are seeking with your application. The draft order helps the court and the other party understand exactly what you want. If you do not include one, the court may adjourn the application.

The Rules That Apply

Form N244 operates under a wide range of CPR provisions, depending on the type of application:

  • CPR Part 23 — the core rules on applications. Rule 23.1 defines what an application notice is. Rules 23.3 to 23.11 govern the procedure: filing, serving, evidence, hearings, and orders.
  • Practice Direction 23A — supplements Part 23 with detailed procedural requirements, including the draft order requirement and rules on consent orders.
  • CPR Part 24 — summary judgment.
  • CPR r.3.4 — strike out of statements of case.
  • CPR Part 13 — setting aside default judgment.
  • CPR r.3.9 — relief from sanctions.
  • CPR r.17.1 — amendment of statements of case.
  • CPR r.31.12 — specific disclosure.
  • CPR Part 25 — interim remedies, including injunctions, interim payments, and security for costs.
  • CPR Part 44 — costs.

The court fees for N244 applications are set by the Civil Proceedings Fees Order 2008 (as amended). The current fees (2026) are £119 for consent/without-notice applications not requiring a hearing, and £303 for applications with notice.

If court fees are a barrier, the Help with Fees scheme (form EX160) provides full or partial remission for eligible applicants. Contact hello@elitigant.com for guidance.


How Chris Can Help

Form N244 is the workhorse of civil litigation — and getting it right can determine the outcome of your entire case. A well-prepared application for summary judgment can end a claim in your favour without the expense and uncertainty of a trial. A properly drafted set-aside application can rescue a case that appeared lost. A strong relief-from-sanctions application can save you from the consequences of a procedural default.

Equally, a poorly prepared N244 application wastes the court fee, risks an adverse costs order, and may prejudice your position for the rest of the case.

Chris prepares your Form N244 application from start to finish:

  • Identifies the correct legal basis for your application and ensures the right test is addressed.
  • Drafts the order you are seeking with precision — so the court knows exactly what you want.
  • Prepares a supporting witness statement with numbered paragraphs, proper exhibits, and a clear narrative that addresses every element of the legal test.
  • Drafts the draft order for filing with the application.
  • Calculates the correct court fee and advises on Help with Fees eligibility.
  • Ensures the application is served within the required timeframe, with proper proof of service.
  • Anticipates the other party’s arguments and addresses them in the witness statement.

Whether you are applying for summary judgment to end a weak defence, seeking to set aside a default judgment that was entered against you, or asking for relief from sanctions after missing a deadline, Chris ensures your application is properly prepared, properly supported, and filed on time.

You present the case. Chris prepares the ammunition.

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Frequently Asked Questions

Q: How much does it cost to file Form N244?

A: The court fee depends on the type of application. For a consent order or without-notice application not requiring a hearing, the fee is £119 (2026). For an application with notice that requires a hearing, the fee is £303 (2026). If you are on a low income or receiving qualifying benefits, you may be eligible for a fee remission through the Help with Fees scheme.

Q: Can I make an application without telling the other party?

A: Yes, but only in limited circumstances. Without-notice applications are permitted where the rules specifically allow them (for example, urgent injunctions under CPR Part 25), where there is exceptional urgency, or where giving notice would defeat the purpose of the application (for example, a freezing order). If you make a without-notice application, you have a duty of full and frank disclosure — you must tell the court everything relevant, including points against you. The court may later order the application to be re-heard on notice.

Q: What if my application is refused?

A: If your application is refused, you will receive the court’s reasons (either orally at the hearing or in a written order). You may be able to appeal the decision, but permission to appeal is usually required. The test for permission is whether the appeal has a real prospect of success or there is some other compelling reason for it to be heard. You will also usually be ordered to pay the other party’s costs of the application.

Q: Can I apply for summary judgment as a defendant?

A: Yes. CPR r.24.2 allows both claimants and defendants to apply for summary judgment. As a defendant, you are arguing that the claimant’s claim has no real prospect of success. This is sometimes called “reverse summary judgment.” The test is the same — the applicant must show that the respondent has no real prospect of succeeding.

Q: How long before the hearing must I serve the application?

A: For most applications, at least three clear days before the hearing (CPR r.23.7(1)). For summary judgment applications, at least 14 days before the hearing (CPR r.24.4(3)). “Clear days” means you do not count the day of service or the day of the hearing. If you serve by post, you must also allow for deemed service (two business days for first class post).

Q: What is the difference between summary judgment and strike out?

A: Summary judgment under CPR Part 24 is about whether the respondent has a “real prospect of success” — it looks at the merits of the case, including evidence. Strike out under CPR r.3.4(2)(a) is about whether the statement of case itself “discloses reasonable grounds” — it looks at the document as drafted, without considering evidence beyond the statements of case. In practice, many applications combine both: “strike out the defence and/or summary judgment in favour of the claimant.” The court considers both tests and grants whichever is appropriate.

Q: Can I apply for multiple orders on one Form N244?

A: Yes. You can ask for multiple orders on a single application — for example, “An order striking out the defence and entering judgment for the Claimant; alternatively, summary judgment under CPR Part 24.” List each order separately and in order of priority. However, if the applications involve different issues or different parties, it may be clearer (and procedurally neater) to file separate applications.

Q: What happens at the hearing?

A: The applicant speaks first, setting out the application and the evidence supporting it. The respondent then replies. The applicant may have a brief opportunity to respond to new points raised by the respondent. The judge then makes a decision — either granting the application, refusing it, or making a different order. The judge also deals with costs. The entire hearing is usually 15 to 60 minutes, depending on complexity.

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