Making an application
Making an application

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Making an application
  • When and what to file
  • The application notice
  • The fee
  • The evidence
  • The draft order
  • Where the applicant needs to file and how to file
  • Serving the application
  • Amending an application notice
  • Who can make the order
  • more

This Practice Note looks at how to make an interim application under Part 23 of the CPR. It considers what you need to file ie the application notice (Form N244), supporting evidence (by way of verified witness statement), draft order and fee together with when and, where applicable, how these can be electronically filed. It also addresses the way in which the application should be served on the respondents, which level of judge can hear the application and how to restore an application. Finally it offers some practical tips and some ‘universal guidelines’ (set out in Kagazy) on making interim applications.

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further Court specific guidance below.

When and what to file

An application must be made once it is clear it is necessary or desirable. Failure to apply promptly may prejudice the application.

Note: where an application is in fact making a new claim that should properly be set out in a claim form and particulars of claim, the court will dismiss the application.

Wherever possible, an application should be made so that it can be considered at the case management conference, allocation or listing hearing