DR WS 5
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.
ü Application to set aside default judgment (part 13)
ü Application for summary judgment (part 24)
ü Application for an interim injunction (part 25.1)
ü Application for an interim payment on account of damages (part 25.6)
ü Security for costs order (r 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 against is the respondent.
Content ü r23.6: An application notice must state what order the applicant is seeking and, briefly, why the
applicant is seeking the order.
Statement of truth
ü 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
ü 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: r23.2.
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 most simple application: PD 23A
® Time limit: service must be at least three clear days before the hearing, unless another time limit is
specified.
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.
ü Application to set aside default judgment (part 13)
ü Application for summary judgment (part 24)
ü Application for an interim injunction (part 25.1)
ü Application for an interim payment on account of damages (part 25.6)
ü Security for costs order (r 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 against is the respondent.
Content ü r23.6: An application notice must state what order the applicant is seeking and, briefly, why the
applicant is seeking the order.
Statement of truth
ü 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
ü 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: r23.2.
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 most simple application: PD 23A
® Time limit: service must be at least three clear days before the hearing, unless another time limit is
specified.
