To fill out Form N244, work through its ten numbered sections in order: enter the claim number and parties, state the order you want and why, decide whether you need a hearing, and attach either a witness statement or your evidence in the box provided. You then file it at the court handling your case with a fee of £123 or £313, and serve a copy on every other party at least three clear days before the hearing. The form is a free download from GOV.UK, and the sections below walk through each box, the evidence rules, the fee, and what happens after filing.
When Form N244 Is the Right Form
Form N244 is the application notice you use to ask a judge for a specific order during a civil case that’s already underway in England and Wales. Common examples are setting aside a default County Court Judgment, staying enforcement when a bailiff is about to seize property, varying the instalments on a payment order, or adjourning a hearing. It also covers procedural applications such as summary judgment, strike out, and unless orders. If you need the court to do something mid-case, this is almost certainly the form.1GOV.UK. Make an Application to a Court (Application Notice): Form N244
Working Through the Ten Sections
Before Section 1, fill in the header: the claim number exactly as it appears on your court papers, and the full names of all parties. A wrong or missing claim number is one of the easiest ways to have an application returned unprocessed.
Sections 1 and 2: Who You Are
Section 1 takes your full name, or your solicitor’s firm name if you are represented. Section 2 asks whether you are the claimant, defendant, legal representative, or someone else. If you tick “other,” give a short explanation of your role, for example a third party served with a freezing order.
Section 3: The Order You Want and Why
This is the most important box on the form. CPR Part 23 requires you to identify both the order sought and the reasons for seeking it.2Justice UK. Part 23 – General Rules About Applications for Court Orders Keep it direct rather than narrative. Something like: “The defendant asks the court to set aside the default judgment entered on [date] under CPR 13.3 on the grounds that the defendant has a real prospect of defending the claim and did not receive the claim form.” Cite the rule or statute you’re relying on so the judge doesn’t have to guess your legal basis.
If you’re applying to set aside a default judgment, the court looks at whether you have a real prospect of successfully defending the claim, or whether there is another good reason to reconsider the judgment, and whether you applied promptly once you learned about it. Delay hurts your chances.3Justice UK. Part 13 – Setting Aside or Varying Default Judgment
Section 4: Draft Order
Tick “Yes” if you’re attaching a draft order — a separate document setting out the exact wording you want the judge to use. It isn’t mandatory, but it speeds things up and shows the court you’ve thought through what you need. On a consent application, the draft should be signed by both parties or their solicitors.
Section 5: Hearing, Paper, or Remote
You have three options: an in-person hearing, no hearing (decided on paper), or a remote hearing by telephone or video. The court can deal with an application on paper if both parties agree to the order, both agree no hearing is needed, or the court itself decides a hearing would not be appropriate.2Justice UK. Part 23 – General Rules About Applications for Court Orders Consent orders and uncontested adjournments suit paper disposal. Anything with disputed facts usually needs a hearing.
Sections 6 to 9: Time Estimate, Trial Date, Judge Level, Service
Section 6 asks how long the hearing will take and whether the estimate is agreed with the other side. Be realistic; underestimating can leave your hearing adjourned part-heard. Section 7 is for any fixed trial date, so the listing office avoids clashes. Section 8 asks what level of judge is needed (District Judge, Circuit Judge, or High Court Judge). If you’re not sure, leave it blank and the court will allocate. Section 9 lists everyone to be served with the application, with a service address if different from what’s already on the court file.
Section 10: Your Evidence
Section 10 gives three options: rely on an attached witness statement, rely on a statement of case already filed, or write the evidence straight into the box. For simple applications the box is fine. For anything contested, especially setting aside a judgment or applying for summary judgment, a standalone witness statement gives you the space and structure the box can’t.
Preparing a Witness Statement
If your evidence won’t fit in Section 10, prepare a witness statement under Practice Direction 32. Courts take the formatting rules seriously, and a poorly formatted statement can be refused or given less weight.4Justice UK. Practice Direction 32 – Evidence
Head it with the case title and claim number. In the top right of the first page, put the party on whose behalf the statement is made, the witness’s initials and surname, the number of the statement (first, second, and so on), the initials and number of each exhibit referred to, and the date the statement was made. Use numbered paragraphs, follow a chronological order where you can, and keep each paragraph to a single topic.
End with the statement of truth in this form: “I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.”4Justice UK. Practice Direction 32 – Evidence Sign and date it. This is not a formality: a deliberately false statement of truth can lead to contempt of court proceedings, carrying a maximum penalty of up to two years’ imprisonment.
Attach supporting documents as labelled exhibits (for example, “Exhibit AB-1”) and reference each one in the body of the statement so the judge can follow it. Medical certificates, bank statements, correspondence showing you never received the claim form — exhibit them, don’t just describe them.
Filing and the Fee
Make enough copies of the completed N244 and the supporting documents for the court, one for each person to be served, and one for yourself.5Justice UK. Making an Application File at the court office handling your case, by post or in person. Some courts, including the Commercial Court, accept applications through the HMCTS E-Filing service.6GOV.UK. Apply to the Commercial Court for an Order (Application Notice) N244 CC Not all courts have adopted electronic filing, so check first.
Under the Civil Proceedings Fees Order 2008 (as amended), the fees are:7Legislation.gov.uk. Civil Proceedings Fees Order 2008, Schedule 1
- Application on notice: £313
- Application by consent or without notice: £123
If you can’t afford the fee, apply for a reduction or waiver through the Help with Fees scheme using Form EX160 alongside your N244.8GOV.UK. Apply for Help with Court and Tribunal Fees: Form EX160 To qualify, savings generally have to be below £16,000. If savings are under £4,250 and you receive certain means-tested benefits, or earn under £6,000 a year on Universal Credit, you may pay nothing at all. Savings between £4,250 and £15,999 may qualify for a partial reduction. The court won’t process the application until the fee is paid or a valid Help with Fees reference number is supplied, so sort it out before filing.
Serving the Other Party
Unless your application is without notice, you must serve a copy of the N244 and all supporting evidence on every respondent at least three clear days before the court is due to deal with it.2Justice UK. Part 23 – General Rules About Applications for Court Orders “Three clear days” means three full days between service and the hearing; neither the day of service nor the hearing day counts. A judge has discretion to proceed on shorter notice if the respondent still had enough time, but don’t rely on it.
Acceptable service methods under CPR Part 6 include first-class post, document exchange, personal delivery, fax, and email where the receiving party has given an email address for service. After serving, complete a certificate of service (Form N215) and file it with the court.
Without-notice applications are the exception, and a rule, practice direction, or court order has to permit them. Courts grant them sparingly; the classic case is an urgent freezing order where warning the respondent would defeat the purpose. A respondent affected by a without-notice order can later apply to set it aside or vary it.
After You File
Once the fee is paid and the file is complete, a judge decides how to handle the application. Straightforward or consent applications may be dealt with on paper without any listing. Otherwise the court sends a notice with the date, time, and location of the hearing.
At the hearing, you speak first because it is your application. The respondent replies, and you have a brief right of reply. Stick to what’s in your N244 and witness statement rather than reopening the whole case. At the end, the judge will make the order (often in a form close to your draft) or dismiss the application, usually with reasons.
Then comes costs. The default principle is that costs follow the event, so the losing side pays a proportion of the winner’s costs of preparing and arguing the application, typically between 50% and 80%. If a figure is stated in the order, the standard deadline for payment is 14 days from the date of the order, or from the date of a costs officer’s certificate after detailed assessment.9Justice UK. Part 44 – General Rules About Costs A weak application doesn’t just fail; it can leave you paying the other side’s legal bills on top of your own fee. Make sure the merits and evidence are there before you file.