Form N244 Application Notice
Form N244 is the general-purpose application notice used to ask the court for an order, permission, or direction during civil proceedings. Whether you need to set aside a default judgment, extend a time limit, or apply for permission to appeal, Form N244 is the form you need.
What is Form N244?
Form N244 is the standard application notice used in civil court proceedings in England and Wales. It is the form you complete when you need to ask the court to make an order or give a direction that is not part of the normal progress of your case. Think of it as a formal written request to a judge.
The form is governed by Part 23 of the Civil Procedure Rules (CPR), which sets out the general rules about applications in civil proceedings. Almost any request you make to the court during ongoing proceedings will require an N244 application notice.
Form N244 can be used by either the claimant or the defendant. It is one of the most commonly used court forms because it covers such a wide range of applications.
Who Can Use It?
- - Claimants
- - Defendants
- - Third parties with court permission
- - Solicitors acting on behalf of parties
Key Features
- - General-purpose application form
- - Can be used at any stage of proceedings
- - Requires a court fee (unless exempt)
- - Must be served on all other parties
When Do You Need Form N244?
You need Form N244 whenever you want to ask the court to do something outside the normal course of proceedings. Below are the most common scenarios where an N244 application notice is required:
Set Aside a Default Judgment
If judgment has been entered against you because you failed to respond to the claim in time, you can apply to have it set aside. This is one of the most common uses of Form N244. You must show you acted promptly, have a real prospect of successfully defending the claim, and had a good reason for not responding.
Extend a Time Limit
If you have missed a deadline set by the court or need more time to comply with an order, you can use N244 to apply for an extension. The court will consider whether granting the extension is just and proportionate, and whether other parties would be prejudiced.
Permission to Appeal
If you want to appeal a court decision, you usually need permission first. Form N244 is used to apply for permission to appeal to the court that made the original decision (if you did not request permission at the hearing). You must file this within 21 days of the decision.
Vary or Discharge an Existing Order
If circumstances have changed since a court order was made, you can apply to vary (change) or discharge (cancel) the order. For example, changing the rate of instalment payments in a judgment, or varying the terms of an injunction.
Obtain Specific Disclosure
If the other party has failed to disclose relevant documents, you can apply for an order requiring specific disclosure. This is governed by CPR Part 31 and can be crucial for building your case.
Adjourn a Hearing
If you cannot attend a hearing and need to postpone it, you must apply to the court as early as possible using Form N244. The court will only grant an adjournment if there is a good reason, such as illness, unavailability of a key witness, or the need for more preparation time.
Relief from Sanctions
If a sanction has been imposed on you for failing to comply with a court order, rule, or practice direction (for example, your case has been struck out), you can apply for relief from sanctions under CPR 3.9. The court considers the Denton v White three-stage test: was the breach serious or significant, was there a good reason, and is it just to grant relief considering all the circumstances.
Summary Judgment
Either party can apply for summary judgment under CPR Part 24 if they believe the other side has no real prospect of success. This can end the case early without a full trial. You would use Form N244 to make this application, supported by evidence.
Strike Out a Claim or Defence
You can apply to strike out the other side's statement of case under CPR 3.4 if it discloses no reasonable grounds, is an abuse of process, or there has been a failure to comply with a rule or court order.
N244 Application Fees
| Application Type | Fee |
|---|---|
| Application with a hearing | £275 |
| Application without a hearing | £119 |
| Application by consent | £119 |
| Set aside default judgment (mandatory grounds) | £0 |
You may be eligible for fee remission (Help with Fees) if you are on a low income or receive certain benefits. Apply using Form EX160 before submitting your N244.
How to Complete Form N244
Form N244 can seem daunting at first, but it is relatively straightforward once you understand what each section requires. Below is a step-by-step guide to completing each part of the form.
Section 1: Case Details
At the top of the form, enter the basic case information:
- Claim number: The reference number assigned to your case by the court (e.g., A12YX345)
- Claimant's name: The full name of the person or company who brought the claim
- Defendant's name: The full name of the person or company being claimed against
- Warrant number (if applicable): Only needed if your application relates to enforcement
Section 2: Applicant Details
Provide your personal details as the person making the application:
- Your full name: As the applicant (this may be different from the claimant or defendant)
- Your role: State whether you are the claimant, defendant, or other party
- Address for service: Where the court and other parties should send documents to you
- Contact details: Phone number and email address
Section 3: What Order Are You Asking For?
This is one of the most important parts of the form. You must clearly state the order you are asking the court to make. Be specific and precise.
Examples of Orders
- "That the default judgment entered on [date] be set aside."
- "That the defendant be given an extension of time until [date] to file a defence."
- "That the claimant be granted permission to appeal the order of [Judge] dated [date]."
- "That the hearing listed for [date] be adjourned to a date to be fixed."
- "That the claimant's claim be struck out for failure to comply with the order dated [date]."
- "That the defendant do provide specific disclosure of [documents] within 14 days."
Tip: It is good practice to attach a draft of the order you are asking for. This helps the judge understand exactly what you want and speeds up the process. Use the court's standard order template if available.
Section 4: Why Are You Making This Application?
Here you set out the reasons and grounds for your application. You should explain:
- 1.The factual background: What happened and why you are making this application
- 2.The legal basis: Which rule, CPR provision, or legal principle supports your application
- 3.Why the court should grant it: Why it is just and proportionate for the court to make the order you are seeking
If the space on the form is not enough, you can continue on a separate sheet. Many applicants attach a witness statement setting out their evidence in detail, which is referenced on the form.
Section 5: How Do You Want the Application to Be Dealt With?
You must indicate how you want the court to deal with your application. There are three options:
At a Hearing
The application is heard by a judge in open court. You and the other party attend. Fee: £275.
Without a Hearing
The judge decides on paper based on the written evidence. Neither party attends. Fee: £119.
At a Telephone Hearing
The hearing takes place by telephone conference. Useful for straightforward applications. Fee: £275.
The court may decide to deal with the application differently from what you request. For example, if you ask for a decision without a hearing, the judge may decide a hearing is necessary.
Section 6: Supporting Evidence
You need to indicate what evidence you are relying on. Options include:
- The evidence set out in the box on the form: If your evidence is brief, you can write it directly on the form in the space provided
- A witness statement: A separate document setting out your evidence in detail, signed with a statement of truth
- A statement of case: If the application relates to issues already set out in your particulars of claim or defence
For most applications, a witness statement is the best way to present your evidence. It should be numbered, dated, signed, and contain a statement of truth.
Section 7: Statement of Truth and Signature
The form must be signed with a statement of truth. By signing, you confirm that:
- - The facts stated in the application and any supporting evidence are true
- - You understand that proceedings for contempt of court may be brought against you if you make a false statement
Warning: Making a false statement of truth is a contempt of court and can result in fines or even imprisonment. Make sure everything in your application is accurate and truthful.
Section 8: Fee Payment
You must pay the court fee when filing the application. Indicate on the form:
- Amount enclosed: The fee being paid (£275 with hearing, £119 without hearing)
- Help with Fees reference: If you have applied for fee remission, enter your HWF reference number
- Payment method: Cheque, postal order, debit/credit card (if filing in person), or online payment (if using CE-File)
Filing and Serving the Application
Once you have completed Form N244, you need to file it with the court and serve it on the other parties. Here is how to do both:
How to File
By Post
Send the completed form, any supporting documents, and the court fee (cheque or postal order made payable to HMCTS) to the court dealing with your case.
In Person
Take the form to the court office counter. You can pay the fee by debit or credit card, cheque, or cash. Bring copies for the court and for service on the other parties.
Online (CE-File)
You can file online using the CE-File system at efile.cefile-app.com. Upload the completed form and pay the fee online. Available 24/7.
Service Requirements
You must serve the application notice on all other parties to the proceedings. The general rules are:
Timing: The application notice must be served at least 3 clear days before the hearing date. "Clear days" means you do not count the day of service or the day of the hearing.
Method: Serve by first class post, hand delivery, email (if previously agreed), or DX (Document Exchange). Service by email requires prior written agreement from the other party.
What to serve: Serve a copy of the application notice, any supporting evidence (witness statement), and a copy of the draft order if you have one.
Certificate of service: After serving, you should file a certificate of service (Form N215) with the court to prove when and how you served the application.
Applications Without Notice
In urgent cases, you can make an application without giving notice to the other party. However, the court will usually require you to serve the application as soon as possible after it is made, and the other party will have the right to apply to set aside any order made without notice. You must explain in the form why notice was not given.
Using N244 to Set Aside a Default Judgment
One of the most common uses of Form N244 is to apply to set aside a default judgment. A default judgment is entered when a defendant fails to respond to a claim or file a defence within the required time limit (usually 14 days from service of the claim).
If a default judgment has been entered against you, it does not necessarily mean you have lost the case permanently. You can apply to have the judgment set aside, which means the court cancels the judgment and allows you to defend the claim.
Mandatory Set Aside (CPR 13.2)
The court must set aside a default judgment if:
- The judgment was entered too early (before the time for responding had expired)
- The claim form was not properly served on the defendant
- The defendant had already filed an acknowledgment of service or defence before judgment was entered
- The defendant had already satisfied the claim in full
No court fee is payable when the judgment must be set aside on mandatory grounds.
Discretionary Set Aside (CPR 13.3)
If the judgment was validly entered, you can still apply for it to be set aside at the court's discretion. Under CPR 13.3, the court will consider the following factors:
1. Promptness of Application
Did you act quickly once you became aware of the judgment? The court expects you to apply as soon as reasonably possible. Delays of weeks or months will count against you, unless you can explain why (e.g., you were abroad, in hospital, or did not receive the documents).
2. Real Prospect of Success
Do you have a defence that has a real (not fanciful) prospect of success? You do not need to prove that you will definitely win, but you must show that your defence has a realistic chance of succeeding at trial. Set out the key points of your defence in your witness statement.
3. Good Reason for Failure to Respond
Was there a good reason why you did not respond to the claim in time? Examples include: not receiving the claim form, being ill, being abroad, confusion about the deadline, or problems with your address. The court will assess this on the facts of each case.
Conditions on Set Aside
Even if the court sets aside the judgment, it may impose conditions. Common conditions include requiring the defendant to pay the judgment sum (or part of it) into court as security, filing a defence within a specified period, or paying the claimant's costs of the application.
What to Include in Your Set Aside Application
- 1.Completed Form N244 asking for the default judgment to be set aside
- 2.A witness statement explaining why you did not respond, when you found out about the judgment, and the facts supporting your defence
- 3.A draft defence showing the court the defence you intend to file if the judgment is set aside
- 4.A draft order setting out the order you want the court to make (e.g., judgment set aside, defendant to file defence within 14 days, costs reserved)
- 5.The court fee (£275 if with a hearing) or a Help with Fees reference
Court Fees for N244 Applications
The court fee for an N244 application depends on whether you request a hearing. Here is the full breakdown of fees:
| Type of Application | Court Fee | Notes |
|---|---|---|
| Application with a hearing | £275 | Judge hears arguments from both parties |
| Application without a hearing | £119 | Judge decides on paper |
| Application by consent | £119 | Both parties agree to the order |
| Set aside (mandatory grounds under CPR 13.2) | £0 | No fee if judgment was wrongly entered |
Help with Fees (Fee Remission)
If you are on a low income or receive certain benefits, you may be able to get help paying court fees. This is called fee remission or "Help with Fees."
Who Qualifies?
- - People receiving Income Support, JSA, ESA, or Universal Credit
- - People with savings under £3,000 (or £16,000 if over 61)
- - People with a gross monthly income below a certain threshold
How to Apply
- - Complete Form EX160 (Help with Fees application)
- - Apply online at gov.uk/get-help-with-court-fees
- - Submit before or at the same time as your N244
- - You will receive an HWF reference number to put on the form
Tips for a Successful N244 Application
The success of your application often depends on how well you prepare it. Follow these practical tips to give yourself the best chance:
Attach a Draft Order
Always prepare a draft of the order you are asking the judge to make. This shows the judge exactly what you want and makes it easier for them to grant your application. If the judge agrees, they can simply approve your draft rather than drafting an order from scratch.
File a Strong Witness Statement
Your witness statement is your main opportunity to persuade the judge. It should be clear, concise, and focused on the relevant facts. Include exhibits (attached documents) that support your case. Number each exhibit and refer to them in your statement.
Know the Relevant CPR Rules
Reference the specific CPR rule or practice direction that supports your application. For example, cite CPR 13.3 for set aside applications, CPR 3.1(2)(a) for extensions of time, or CPR 3.9 for relief from sanctions. This shows the judge you understand the legal test.
Act Promptly
Many applications have time limits, and even where they do not, the court will consider whether you acted promptly. Delay can be fatal to your application, particularly for set aside applications and relief from sanctions. File your application as soon as possible.
Consider Costs
If your application is unsuccessful, you may be ordered to pay the other side's costs. In small claims, costs orders are limited, but in fast track and multi-track cases, costs can be significant. Consider whether you want to make an offer to pay costs in your application.
Serve Correctly and on Time
Failure to serve the application properly can result in the hearing being adjourned or your application being dismissed. Serve at least 3 clear days before the hearing and file a certificate of service. Keep proof of posting or delivery.
Prepare for the Hearing
If your application will be heard at a hearing, prepare a short skeleton argument or list of key points you want to make. Bring copies of all documents, including the application, witness statement, draft order, and any case law you are relying on. Arrive early and dress appropriately.
Consider a Consent Order
Before filing an N244, consider whether the other party might agree to the order you are seeking. If both parties agree, you can submit a consent order, which costs £119 instead of £275 and does not require a hearing. This saves time, money, and reduces conflict.
Common Mistakes to Avoid
Being Vague About What You Want
Do not write generic requests like "I want justice" or "I want the court to help me." Be specific about the exact order you are seeking. The judge needs to know precisely what you want them to do.
Failing to Provide Evidence
An application without supporting evidence is unlikely to succeed. Always file a witness statement setting out the facts, and exhibit relevant documents. The judge can only decide based on the evidence before them.
Missing the Deadline to Serve
Failing to serve the application at least 3 clear days before the hearing can result in an adjournment or the application being refused. Allow time for postal delivery when calculating your service deadline.
Not Paying the Correct Fee
If you pay the wrong fee or forget to include payment, the court will not process your application. Double-check whether you need the £275 (with hearing) or £119 (without hearing) fee, and apply for Help with Fees in advance if needed.
Delaying the Application
For many applications, timing is critical. For set aside applications, the court specifically considers whether you acted promptly. For relief from sanctions, delay can be fatal. File your application as soon as you identify the need.
Related Court Forms
Depending on your situation, you may also need to use these related forms alongside or instead of Form N244:
Form N1 - Claim Form
The form used to start a civil claim in the county court. This is the first step in bringing a claim for money or other remedies.
Form N225 - Request for Judgment
Used to request default judgment when the defendant has not responded to the claim. The counterpart to using N244 to set aside judgment.
Form N279 - Notice of Discontinuance
Used when a claimant wants to discontinue (withdraw) all or part of their claim. May be relevant after a set aside application succeeds.
Form N150 - Allocation Questionnaire
Filed after the defence is submitted to help the court allocate the claim to the appropriate track (small claims, fast track, or multi-track).
Important Notes
- - This guide is for general information only and does not constitute legal advice
- - Court fees and procedures may change - always check the latest GOV.UK guidance
- - If your case is complex or involves a large sum, consider seeking legal advice
- - Keep copies of everything you file and serve
- - Note all deadlines in your diary and act well before they expire
- - If you are unsure which form to use, contact the court office for guidance
Interactive Legal Chatbot
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Quick Info
Form
N244 Application Notice
Fee (with hearing)
£275
Fee (without hearing)
£119
Fee (consent order)
£119
Filing Methods
Post, in person, or CE-File online
Service Deadline
3 clear days before hearing
CPR Reference
Part 23
Related Forms
Need Help?
Our step-by-step guide walks you through the entire small claims process, from start to finish.
View Small Claims Guide →Common Uses
- - Set aside default judgment
- - Extend time limits
- - Permission to appeal
- - Adjourn a hearing
- - Relief from sanctions
- - Summary judgment
- - Strike out claim/defence
- - Specific disclosure