How to use the N244 builder
- Choose the application. Pick one of the common costs applications to see what the rules require and the court fee, or write your own. Say whether it is made on notice, by consent or without notice.
- Enter the claim. Enter the court, the claim number, the parties with references and the date. Add a fee account (PBA) number or a Help with Fees reference if you have one.
- Say who is applying. Give your name or firm, and say whether you are the claimant, the defendant, a legal representative (and for whom) or someone else.
- State the order and why. Write the order you want and, briefly, why, or start from the suggested wording and fill in every gap in square brackets. Say whether a draft order is attached.
- Hearing, evidence and vulnerability. Ask for a hearing, a remote hearing or a decision without one, give a time estimate, say who should be served, what evidence you rely on and whether anyone is vulnerable.
- Sign and download. Complete the statement of truth and the address for documents, download the filled N244, check it, sign it, then file it with the fee and serve it.
The N244 fee
| Application | Fee | Fee no. |
|---|---|---|
| On notice, where no other fee is specified | £321 | 2.4(a) |
| By consent or without notice, where no other fee is specified | £126 | 2.5(a) |
| To set aside a default costs certificate | £152 | 5.5 |
Fees in force from 13 July 2026 (HMCTS EX50; Civil Proceedings Fees Order 2008, Schedule 1). On notice means the other party has been told of the application, whether or not there is a hearing. An application by consent to adjourn a hearing that reaches the court at least 14 days before it is free. Pay by fee account (PBA) number on the form, or give a Help with Fees reference. Every other civil fee is in the free court fees calculator.
Filing and serving an N244
The general rule is that the application is made to the court where the claim was started or, if it has moved, the court it was transferred or sent to; once the parties have a fixed trial date, to the trial court (CPR 23.2). It is made in time if the court receives the application notice within the time allowed (CPR 23.5). A copy must be served on each respondent as soon as practicable after filing and at least 3 clear days before the court deals with it, with any evidence in support and any draft order attached (CPR 23.4, 23.7 and 2.8). Documents for a hearing are filed and served by 4pm at least 2 days before it, unless the court directs otherwise, and in multi-track cases that includes a case summary and a draft order (PD 23A paras 6.4 and 6.5). To count the days, use the CPR deadline calculator.
Common costs applications
Choose one in the builder to see it alongside the form, with suggested wording for question 3. Each needs your own grounds and, where the rules say so, evidence.
Set aside a default costs certificate (CPR 47.12)
Usually made by the paying party.
- The court must set the certificate aside if the receiving party was not entitled to it (CPR 47.12(1)); otherwise it may set it aside or vary it if there is some good reason why the detailed assessment proceedings should continue (CPR 47.12(2)).
- The application must be supported by evidence, and the court has regard to whether it was made promptly (PD 47 para 11.2(1) and (2)).
- As a general rule, file with it a copy of the bill, a copy of the default costs certificate and a draft of the points of dispute you would serve (PD 47 para 11.2(3)).
- The court may set the certificate aside on conditions, and may order a payment on account of the costs (PD 47 para 11.3).
- In a case at one of the London County Court hearing centres in PD 47 para 4.2, such as Central London, the application is issued and heard at that hearing centre, not the Costs Office (PD 47 para 4.2(2)(b)).
- The court fee is £152 (fee 5.5), not the general application fee.
Interim costs certificate (CPR 47.16)
Usually made by the receiving party.
- Available only after the receiving party has filed its request for a detailed assessment hearing (CPR 47.16(1)), by an application under Part 23 (PD 47 para 15).
- The certificate includes an order to pay the sum certified unless the court orders otherwise, and the court may order it paid into court instead (CPR 47.16(2) and (3)).
- Explain why at least the sum sought is likely to be allowed. Do not refer to any Part 36 offer: it must not be communicated to the judge before the detailed assessment is decided (CPR 36.16(2), as applied by CPR 47.20(4)).
Order the receiving party to start detailed assessment (CPR 47.8)
Usually made by the paying party.
- Available once the receiving party has not started detailed assessment proceedings in time: usually 3 months from the judgment, direction, order, award or other determination giving the right to costs (CPR 47.7), or any other time the court set (CPR 47.8(1)).
- The court may direct that, unless the receiving party starts by the date it sets, all or part of its costs are disallowed (CPR 47.8(2)).
- Without this application, late commencement can cost the receiving party only interest on the costs, unless there is misconduct (CPR 47.8(3) and 44.11).
Security for costs (CPR 25.26 and 25.27)
Usually made by the defendant.
- A defendant may apply for security for its costs of the proceedings, and the application must be supported by written evidence (CPR 25.26(1) and (2)).
- The court may order it only if it is just in all the circumstances and either an enactment permits it or a condition in CPR 25.27 applies: for example, the claimant is resident out of the jurisdiction, or is a company and there is reason to believe it will be unable to pay the defendant’s costs if ordered to.
- If it orders security, the court decides the amount, and how and when it is given (CPR 25.26(3)). The rules are now CPR 25.26 to 25.29, not the old 25.12 to 25.15.
- A costs judge has held that the court conducting a detailed assessment has no power under CPR 25 to order security for the costs of the assessment: Part 47 is a self-contained code whose interim measure is the interim costs certificate (Magomedov v Rabinovich [2026] EWHC 962 (SCCO) at [41] and [44], a first-instance decision). Security covering those costs can still be sought from the court dealing with the claim itself ([31] and [43]).
Wasted costs order (CPR 46.8)
Usually made by any party.
- Apply on Form N244 or orally at a hearing (PD 46 para 5.4). Applications are generally best left until after the trial (PD 46 para 5.2).
- The application and any evidence must identify what the legal representative is alleged to have done or failed to do, and the costs it may be ordered to pay (PD 46 para 5.9).
- An order is appropriate only if the legal representative acted improperly, unreasonably or negligently, that caused a party unnecessary or wasted costs, and it is just to order compensation (PD 46 para 5.5); the legal representative must have a reasonable opportunity to make submissions (CPR 46.8(2)).
Order that a solicitor has ceased to act (CPR 42.3)
Usually made by the solicitor coming off the record.
- The application must be supported by evidence, and notice of it given to the party the solicitor acted for, unless the court directs otherwise (CPR 42.3(2)).
- The order must be served on every party and takes effect when served; anyone serving it other than the court files a certificate of service on Form N215 (CPR 42.3(3); PD 42 para 3.3).
- Until the order is served, or a notice of change is filed and served, the solicitor stays on the record (CPR 42.2(5)), detailed assessment included (HD v North Devon Healthcare Trust [2026] EWHC 2009 (SCCO)).
Extend time (CPR 3.1(2)(a))
Usually made by either party.
- Check first whether you need the court: unless a rule, practice direction or order says otherwise, the parties can vary a time limit by written agreement (CPR 2.11), and the time for points of dispute can be extended that way (PD 47 para 8.1). But the parties cannot agree to move a date the court has fixed for a case management conference, pre-trial review, the pre-trial check list, the trial or the trial period, or any other date if that would mean moving one of those (CPR 28.3 and 29.5).
- Where a rule, practice direction or order sets the consequence of missing the deadline, the parties can extend it only by prior written agreement, by up to 28 days, and only if no hearing date is put at risk (CPR 3.8(3) and (4)).
- Otherwise the court may extend time, even after it has expired (CPR 3.1(2)(a)). Apply before it runs out if you can: an application made in time is decided as an extension, not as relief from sanctions, even if it is heard after the deadline (Hallam Estates Ltd v Baker [2014] EWCA Civ 661).
Relief from sanctions (CPR 3.9)
Usually made by the party in default.
- An application for relief must be supported by evidence (CPR 3.9(2)). Where the sanction is the payment of costs, the only route is to appeal the costs order (CPR 3.8(2)).
- The court considers all the circumstances, including the need for litigation to be conducted efficiently and at proportionate cost, and to enforce compliance with rules, practice directions and orders (CPR 3.9(1)).
- It asks three questions: how serious or significant the failure was, why it happened, and then all the circumstances (Denton v TH White Ltd [2014] EWCA Civ 906). Apply promptly.
Set aside a notice of discontinuance (CPR 38.4)
Usually made by the defendant.
- Where the claimant discontinued without needing permission, the defendant may apply to set the notice aside (CPR 38.4(1)), but not more than 28 days after it was served on the defendant (CPR 38.4(2)).
- Powerful reasons are needed: evidence of abuse of the court’s process or egregious conduct of a similar nature, whether or not qualified one-way costs shifting applies (Excalibur & Keswick Groundworks Ltd v McDonald [2023] EWCA Civ 18).
- If the notice stands, the claimant is liable for the defendant’s costs up to the date of service unless the court orders otherwise (CPR 38.6(1)).
Set aside a default judgment (CPR 13.2 and 13.3)
Usually made by the defendant.
- The court must set aside a judgment that was wrongly entered (CPR 13.2).
- Otherwise it may set aside or vary the judgment if the defendant has a real prospect of successfully defending the claim, or there is some other good reason; it must consider whether the application was made promptly (CPR 13.3).
- An application under CPR 13.3 must be supported by evidence (CPR 13.4(3)).
Related guides and tools
- The terms, defined: default costs certificate, interim costs certificate and detailed assessment
- Every costs form explained: our costs forms and precedents guide
- Related free tools: the detailed assessment deadline calculator, the N254 default costs certificate builder, the N215 certificate of service builder and the N279 notice of discontinuance builder
- Magomedov: security for the costs of detailed assessment
Sources
- Form N244: application notice (HMCTS, GOV.UK)
- CPR Part 23 (rules 23.2 to 23.10) and Practice Direction 23A (paras 2.1, 2.5, 2.6, 3, 6.4, 6.5, 7.1 and 7.5)
- CPR Part 2 (rule 2.8, clear days) and CPR Part 22 (rule 22.1, statements of truth)
- CPR Part 3 (rules 3.1, 3.8 and 3.9), CPR Part 13 (rules 13.2 to 13.4), CPR Part 25 (rules 25.26 and 25.27), CPR Part 38 (rule 38.4) and CPR Part 42 (rules 42.2 and 42.3)
- CPR Part 47 (rules 47.4, 47.7, 47.8, 47.12, 47.16 and 47.20) and Practice Direction 47 (paras 4.1, 4.2, 8.1, 11.1 to 11.3 and 15)
- HMCTS EX50, civil court fees and the Civil Proceedings Fees Order 2008, Schedule 1