Form N244 UK: How to Apply to Court (Application Notice Guide)

At a glance

• What it is: Form N244 is the CPR Part 23 application notice used to ask a court for almost any order within an existing civil case. GOV.UK's plain description: "Use the N244 form to ask a court to set aside or vary a judgment or suspend an enforcement process."
• What the notice must say: Under CPR 23.6, it must state what order you are seeking and briefly why. If you rely on the notice itself as evidence, it must carry a statement of truth (Part 22).
• Setting aside a default judgment: Governed by CPR 13.3 — the court may set aside or vary the judgment if you have a real prospect of successfully defending the claim, or there is some other good reason, and it must have regard to whether you applied promptly.
• Missed a deadline instead? You need relief from sanctions under CPR 3.9, decided using the three-stage Denton test (seriousness of the breach; reason for it; all the circumstances, weighted towards efficient litigation and enforcing compliance).
• Court fee (EX50A schedule): £313 for a general application made on notice; £123 by consent or without notice; £15 specifically to vary a judgment or suspend enforcement. Fees change — verify the current amount on GOV.UK before paying.
• Service deadline: Unless the application is without notice, a copy must be served on every respondent at least 3 clear days before the hearing (CPR 23.7(1)(b)).
• Help with fees: Fee remission is available through GOV.UK's online service or Form EX160 if you are on a low income or certain benefits.

What Form N244 is — and when you need it

Form N244 sits inside an existing civil claim and asks the court to make a specific order or direction, rather than starting fresh proceedings. It is the application notice referred to throughout Part 23 of the Civil Procedure Rules, which governs how any application for a court order is made in the County Court and High Court.

People reach for N244 for a wide range of reasons: to apply to set aside a default judgment, to seek relief from sanctions after missing a deadline, to vary instalment payments on an existing order, to suspend a warrant of control, to request an adjournment of a hearing, to add or remove a party, or to ask for permission to do something the rules would otherwise prevent. GOV.UK's own summary of the form keeps it simple: it is used "to ask a court to set aside or vary a judgment or suspend an enforcement process" — though in practice its use extends to any interim application within a live case.

Some more specialised applications use a different variant of the form — N244(CC) for the Commercial Court, N244(CCFL) for the Commercial Court Financial List, and N244(CHFL) for the Chancery Division Financial List — and applications for a domestic abuse protection order follow a separate route. For most County Court litigants in person, the standard N244 is the correct form.

The legal framework: CPR Part 23

Part 23 sets out the general rules that apply to any application for a court order once proceedings have started. A few provisions matter most in practice.

What the application notice must contain

CPR rule 23.6 requires the application notice to state two things: what order the applicant is seeking, and briefly, why. This maps directly onto Question 3 of the current N244 form, where GOV.UK's guidance instructs applicants to set out what order they are applying for and why — for example, "to adjourn the hearing because…" or "to set aside a judgment against me because…". If you intend to rely on the application notice itself as evidence, rule 23.6 cross-refers to Part 22, which requires it to be verified by a statement of truth.

Serving the application: the 3-clear-days rule

Under CPR 23.4, a copy of the application notice must be served on each respondent unless a rule, practice direction or court order says otherwise. CPR 23.7(1)(b) fixes the minimum notice period: service must happen as soon as practicable after filing, and at least 3 clear days before the court is to deal with the application, unless a different period is stated. If notice given is shorter than required, CPR 23.7(4) gives the court discretion to proceed anyway if it considers sufficient notice has been given in the circumstances — but that discretion is not something to rely on by default.

With notice, without notice, and by consent

These three routes carry different procedures and different court fees.

• On notice is the default: the other party is served and has an opportunity to respond, generally with a hearing listed.
• Without notice applications are decided without alerting the respondent in advance — appropriate only for genuinely urgent matters, or where notice would defeat the purpose of the application (for example, a without-notice freezing order). If the court makes an order on a without-notice application, CPR 23.9 requires the order, application notice and evidence to be served on the affected party afterwards, and CPR 23.10 lets that party apply to have the order set aside or varied, generally within 7 days of service.
• By consent applications, where both parties agree the terms of the order, can often be dealt with under CPR 23.8 without a hearing at all — which is faster and, as set out below, cheaper.

Setting aside a default judgment: CPR 13.3

If judgment was entered against you in default — typically because you missed the deadline to file an acknowledgment of service or a defence — Form N244 is the vehicle for applying to have it set aside. The applicable rule depends on why judgment was entered.

Under CPR 13.2, the court must set aside a default judgment that was wrongly entered — for example, where the conditions for entering default judgment under Part 12 were not actually satisfied, or the whole claim had already been paid before judgment was entered. There is no discretion here.

Where judgment was correctly entered, CPR 13.3 gives the court a discretionary power to set aside or vary it. Under rule 13.3(1), the court may do so if:

• (a) the defendant has a real prospect of successfully defending the claim; or
• (b) it appears to the court that there is some other good reason why the judgment should be set aside or varied, or the defendant should be allowed to defend the claim.

Critically, rule 13.3(2) requires the court to have regard to whether the application to set aside was made promptly. Delay does not automatically defeat an otherwise strong application, but it counts against the applicant, and courts expect defendants to act as soon as they become aware of the judgment. An application under rule 13.3 must be supported by evidence (CPR 13.4(3)) — in practice, a witness statement setting out why the defence was missed and what the intended defence is.

Worked example

A fictional defendant, Priya, is served with a claim form and particulars of claim but, due to a change of address, does not see them until after the 14-day deadline for filing a defence has passed. The claimant obtains default judgment. Priya discovers this within a few days, immediately instructs a legal adviser, and files Form N244 with a witness statement explaining the missed service, exhibiting a draft defence that sets out a genuine dispute over the amount claimed.

Because Priya acted promptly on discovering the judgment, and her draft defence shows a real prospect of success, her application falls within CPR 13.3(1)(a). Had she waited several months before applying, the promptness factor in rule 13.3(2) would have counted heavily against her, even with an otherwise strong defence.

Relief from sanctions: CPR 3.9 and the Denton test

A different problem arises when you have already missed a deadline set by a rule, practice direction or court order, and a sanction has taken effect — for example, a statement of case being struck out, or evidence being excluded. Here you need relief from sanctions under CPR 3.9, not a straightforward application to set aside.

The rule itself, in full, says:

"On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order, the court will consider all the circumstances of the case, so as to enable it to deal justly with the application, including the need — (a) for litigation to be conducted efficiently and at proportionate cost; and (b) to enforce compliance with rules, practice directions and orders. An application for relief must be supported by evidence."

The leading case on how courts apply this rule is the Court of Appeal's decision in Denton v TH White Ltd [2014] EWCA Civ 906, which set out a three-stage approach:

The three-stage Denton test

1. Identify and assess the seriousness or significance of the breach. A trivial breach is treated differently from one that disrupts the litigation or the court's business.
2. Consider why the default occurred. Was there a good reason — illness, an external event outside the party's control — or was it simply an oversight or a resourcing failure?
3. Evaluate all the circumstances of the case, so the court can deal justly with the application. This stage gives particular weight to the two factors rule 3.9(1) itself singles out — conducting litigation efficiently and at proportionate cost, and enforcing compliance with rules and orders — but is not limited to them.

As with an application under CPR 13.3, an application for relief from sanctions must be supported by evidence — typically a witness statement addressing each of the three stages directly.

Court fees for N244 applications

The fee that applies depends on how the application is made. Under the current civil court fees schedule (EX50A):

| Fee | Applies to | Amount | |-----|-----------|--------| | 2.4(a) | General application within proceedings, made on notice | £313 | | 2.5(a) | General application within proceedings, made by consent or without notice | £123 | | 2.7 | Application specifically to vary a judgment or suspend enforcement | £15 |

Two things are worth noting. First, making an application by consent or without notice is materially cheaper than making it on notice — one more reason to try to agree terms with the other party before filing where that is realistic. Second, the narrower £15 fee for varying a judgment or suspending enforcement is a different fee code from the general application fees, so do not assume the higher figure automatically applies. Court fees are reviewed periodically by HM Courts & Tribunals Service, so always check the current EX50A schedule on GOV.UK before paying, and confirm the fee code that matches your specific application with the court if you are unsure.

If paying the fee would cause undue hardship, you can apply for a full or partial fee remission. Eligibility depends on your savings, income and benefits — broadly, you may qualify if you receive Universal Credit and earn less than £6,000 a year, or another qualifying benefit, or if your income is £1,420 or less as a single applicant (higher thresholds apply if you have a partner or children), provided your savings are below the relevant limit. Apply online at the same time as your court application, or use Form EX160 by post.

Completing Form N244: question by question

GOV.UK's current guidance on completing the form (updated March 2026) numbers the key sections as questions rather than sections. The ones that matter most:

• Question 3 — set out what order you are applying for and why, in your own words: "to adjourn the hearing because…" or "to set aside a judgment against me because…".
• Question 5 — indicate whether you want the application dealt with at a hearing, without a hearing, or remotely. GOV.UK's guidance is explicit that most applications will require a hearing and you should expect to attend; the court will only deal with an application without a hearing where all parties agree the terms of the order, all parties agree to dispense with a hearing, or the court does not consider a hearing appropriate. A remote (telephone) hearing is only available where at least one party is legally represented, and not every application is suitable for one.
• Question 6 — a time estimate for the hearing. If you do not know, GOV.UK's guidance says leave it blank rather than guessing.
• Question 7 — details of any hearing date or trial period already fixed in your case.
• Question 8 — for High Court or District Registry cases, whether the application should be dealt with by a Master, District Judge or Judge.
• Question 9 — who the court should send a copy of the application to, and their address for service.
• Question 10 — the evidence in support of your application: tick which route you are relying on (a witness statement, your existing statement of case, or written evidence entered directly on the form), and complete the statement of truth. GOV.UK's guidance carries a direct warning here: proceedings for contempt of court may be brought against anyone who signs a statement of truth without an honest belief in its truth.
• Question 11 — whether you or a witness are vulnerable in a way the court needs to take into account, and what adjustments you are asking for.
• Question 12 — your signature, current address and contact details.

Before returning the form, make sure it is signed, the correct fee (or a fee remission application) is enclosed, and you have made enough copies — one for each party to be served, plus one for the court.

What happens after you file

Once the court receives your application, fee and evidence, it will either list a hearing or deal with the application on the papers, depending on what you have asked for in Question 5 and what the rules require. If a hearing is listed, both sides are notified of the date, time and venue — GOV.UK's guidance recommends flagging any dates you are unavailable within the next six weeks in a covering letter. If the judge needs more before deciding, directions may be issued asking for further evidence or written submissions. Where the application was made without notice and an order is made, that order and the supporting papers must then be served on the affected party, who has the right to apply to have it set aside or varied.

Common mistakes to avoid

• Leaving Question 10 vague. "Please help me with my case" is not a proper basis for an order. State precisely what you want and why, and back it with evidence.
• Missing the statement of truth. An application notice or witness statement without a properly completed statement of truth is incomplete, and signing one without an honest belief in its truth can expose you to contempt of court proceedings.
• Assuming no hearing is needed. Most applications are listed for a hearing. Do not plan around a paper decision unless the conditions in CPR 23.8 are actually met.
• Serving late. The 3-clear-days minimum in CPR 23.7 is just that — a minimum. Serve as early as you can, particularly if the other side needs time to instruct representation.
• Delaying before applying. Promptness is an express factor under CPR 13.3(2) for setting aside a judgment, and a central strand of the Denton test for relief from sanctions. Act as soon as you become aware of the issue.

What to do next

1. Work out exactly what order you want. Before touching the form, be precise about the outcome you are asking the court for — "set aside the judgment dated [date]" is a proper order; "help with my case" is not.
2. Identify which CPR rule applies. A default judgment you want set aside points to CPR 13.3; a missed deadline with a sanction already in effect points to CPR 3.9 and the Denton test; anything else falls under the general Part 23 framework.
3. Gather your evidence. Prepare a witness statement (or identify the parts of your statement of case you will rely on) addressing the relevant test directly — real prospect of defending the claim and promptness for CPR 13.3; seriousness, reason and all the circumstances for CPR 3.9.
4. Complete the form accurately. Fill in the claim number, the parties, what you are applying for in Question 3, your position on a hearing in Question 5, and your evidence and statement of truth in Question 10. Do not leave boxes blank.
5. Pay the correct fee, or apply for remission. Check whether the on-notice (£313), without-notice/by-consent (£123), or vary-judgment/suspend-enforcement (£15) fee applies to your application, and confirm the current amount on GOV.UK. Apply for fee remission via Form EX160 or online if eligible.
6. File and serve. Send the completed form, evidence and fee (or remission application) to the court dealing with your case. Unless the application is without notice, serve a copy on the other parties at least 3 clear days before any hearing.

This guide provides general information about Form N244 and the underlying Civil Procedure Rules in England and Wales. It is not legal advice and is not a substitute for advice tailored to your specific circumstances. The law and fees described were accurate as at July 2026 and are subject to change — always check GOV.UK and legislation.gov.uk for the most current position, and confirm current court fees before you pay.