Applications to the Court
Interim Applications
Interim applications are applications made after the issue of proceedings and before the trial.
Part 23 of the CPR 1998 sets out the general rules governing applications to the court.
Application to set aside default judgment (CPR 13)
Application for summary judgment (CPR 24)
Application for an interim injunction (CPR 25.1)
Application for an interim payment on account of damages (CPR 25.6)
Security for costs order (CPR 25.12)
Applications to the court – Application Notice
An application to the court is made by an application notice: Form N244 should be used.
The person making the application is the applicant, and the party whom the order is sought is the respondent.
Content CPR23.6: An application notice must state what order the applicant is seeking and, briefly, why the
applicant is seeking the order.
Statement of Truth
If the applicant wishes to rely on matters set out in the applicant notice as evidence at hearing, must
be verified by statement of truth on the second page of N244.
Evidence
PD 23A, para 9.1: where there is no specific requirement to provide evidence, it should be borne in
mind that, as a practical matter, the court will often need to be satisfied by evidence of the facts
relied on.
o This will usually take form of a witness statement.
Procedure Resolving
Can the issue be resolved through agreement without an application to the court?
o Pursuant to the Overriding Objective (CPR Part 1).
o Failure to do, could lead to an adverse costs order being made against you.
Service
If not, notify your opponent (i.e. serve notice) that you intend to make an application (unless
exception in PD 23A Para 3 applies – freezing injunction or search order). 3 days before hearing.
o Para 3 of PD 23A states that it can be done in the circumstances, e.g.
a) where there is exceptional urgency
b) where the overriding objective is best furthered by doing so
c) by consent of all parties
d) with the permission of the court
Complete the application notice (N244): comply with contents requirements above.
Submit the application notice to the court where the claim will be issued/was started/has been
sent/where trial is to take place: CPR 23.2.
Along with:
Requisite fee;
An additional copy of notice for each party;
A copy for the court; and
A copy of the draft order sought, in all but the simplest application: PD 23A
Time limit: service must be at least three clear days before the hearing, unless another time limit is
specified.
Telephone Many district registries now have facilities to deal with interim applications by telephone conferencing
hearings/ PD 23A, para 6.2 = general rule is that at a telephone enabled court all allocation hearings, listing
hearings, interim applications, case management conferences and pre-trial reviews with a time estimate
video of less than an hour will be conducted by telephone.
conference With exception: CPR 6.3
Interim Applications
Interim applications are applications made after the issue of proceedings and before the trial.
Part 23 of the CPR 1998 sets out the general rules governing applications to the court.
Application to set aside default judgment (CPR 13)
Application for summary judgment (CPR 24)
Application for an interim injunction (CPR 25.1)
Application for an interim payment on account of damages (CPR 25.6)
Security for costs order (CPR 25.12)
Applications to the court – Application Notice
An application to the court is made by an application notice: Form N244 should be used.
The person making the application is the applicant, and the party whom the order is sought is the respondent.
Content CPR23.6: An application notice must state what order the applicant is seeking and, briefly, why the
applicant is seeking the order.
Statement of Truth
If the applicant wishes to rely on matters set out in the applicant notice as evidence at hearing, must
be verified by statement of truth on the second page of N244.
Evidence
PD 23A, para 9.1: where there is no specific requirement to provide evidence, it should be borne in
mind that, as a practical matter, the court will often need to be satisfied by evidence of the facts
relied on.
o This will usually take form of a witness statement.
Procedure Resolving
Can the issue be resolved through agreement without an application to the court?
o Pursuant to the Overriding Objective (CPR Part 1).
o Failure to do, could lead to an adverse costs order being made against you.
Service
If not, notify your opponent (i.e. serve notice) that you intend to make an application (unless
exception in PD 23A Para 3 applies – freezing injunction or search order). 3 days before hearing.
o Para 3 of PD 23A states that it can be done in the circumstances, e.g.
a) where there is exceptional urgency
b) where the overriding objective is best furthered by doing so
c) by consent of all parties
d) with the permission of the court
Complete the application notice (N244): comply with contents requirements above.
Submit the application notice to the court where the claim will be issued/was started/has been
sent/where trial is to take place: CPR 23.2.
Along with:
Requisite fee;
An additional copy of notice for each party;
A copy for the court; and
A copy of the draft order sought, in all but the simplest application: PD 23A
Time limit: service must be at least three clear days before the hearing, unless another time limit is
specified.
Telephone Many district registries now have facilities to deal with interim applications by telephone conferencing
hearings/ PD 23A, para 6.2 = general rule is that at a telephone enabled court all allocation hearings, listing
hearings, interim applications, case management conferences and pre-trial reviews with a time estimate
video of less than an hour will be conducted by telephone.
conference With exception: CPR 6.3
