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Free N244 Application Notice Builder

Led by Diellza Nika Hyseni and Mentor Nika · Updated 22 October 2026

Fill in the official HMCTS application notice in minutes, with the court fee, the checks from CPR Part 23, and starting points for the applications solicitors make most: setting aside a default judgment, relief from sanctions, an extension of time, summary judgment, strike out, and the costs applications, from setting aside a default costs certificate to an interim costs certificate. From DMD Costs, law costs draftsmen in Westhoughton, Bolton.

  • Free, with no sign-up
  • No paywall, no watermark
  • The official HMCTS form
  • Nothing leaves your browser

Start with the application, or skip straight to the form. The checks, the court fee and what to file with it update as you type.

The application
Choosing one fills in how it is usually made, the hearing and the evidence tick where they are blank. Nothing you have typed is replaced.
How is it made?
The claim
The applicant
Are you
The order
State the order and, briefly, why (CPR 23.6). The box on the form is small: put the full terms in a draft order.
Is a draft of the order attached?
The hearing and service
How should it be dealt with?
Is the time estimate agreed by all parties?
For the last day to serve the application, counted under CPR 2.8 and 6.26 (14 clear days for summary judgment and interim payments).
The evidence
Facts set out here are evidence only if the statement of truth is signed (CPR 22.1(3)).
Vulnerability
Are you, or a witness, vulnerable in a way the court needs to consider?
Statement of truth and signature
Who signs?
Address for documents

The builder applies CPR Parts 2, 3, 6, 7, 12, 13, 15, 18, 22, 23, 24, 25, 31, 36, 38, 42, 44, 46, 47 and 52, Practice Directions 3A, 5B, 5C, 18, 22, 23A, 42, 46, 47, 51R, 51ZB, 52B and 52C, and the court fees in force from 13 July 2026, as they stood on 22 October 2026, to the official form N244 (06.22). The suggested wording is a starting point, not a pleading: the grounds and the evidence are yours. Check every box against your file before filing. It is a guide, not legal advice.

Key points

  • DMD Costs’ N244 builder is a free online tool that fills in the official HMCTS Form N244, the application notice, and downloads it as a PDF ready to sign, file and serve.
  • It is completely free, with no sign-up or paywall, and runs in your browser; nothing you enter is sent to DMD Costs.
  • An application notice must state what order the applicant is seeking and, briefly, why (CPR 23.6). It must be signed and include the title and number of the claim, the applicant’s full name and either a request for a hearing or a request that it be dealt with without one (PD 23A para 2.1).
  • The court fee, from 13 July 2026, is £321 for an application on notice (fee 2.4(a)) and £126 for one by consent or without notice (fee 2.5(a)), where no other fee is specified; setting aside a county court judgment on notice is £321. An application to set aside a default costs certificate is £152 (fee 5.5).
  • A copy must be served 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 23.7 and 2.8). Summary judgment and interim payment applications need at least 14 days’ notice of the hearing (CPR 24.4(5) and 25.21(3)).
  • The builder has presets for setting aside a default judgment (CPR 13.2 and 13.3), relief from sanctions (CPR 3.9), an extension of time (CPR 3.1(2)(a)), summary judgment (CPR Part 24), strike out (CPR 3.4), an interim payment, pre-action disclosure, a Part 18 order and the costs applications, each with the rule, what the evidence should cover, the fee and suggested wording for question 3.

How to use the N244 builder

  1. Choose the application. Pick one of the common applications, such as setting aside a default judgment, relief from sanctions or summary judgment, to see what the rules require, what the evidence should cover and the court fee, or write your own. Say whether it is made on notice, by consent or without notice.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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

ApplicationFeeFee no.
On notice, where no other fee is specified£3212.4(a)
By consent or without notice, where no other fee is specified£1262.5(a)
To set aside a default costs certificate£1525.5

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 applications

Choose one in the builder to see it alongside the form, with suggested wording for question 3, or open it straight from the list below. Each needs your own grounds and, where the rules say so, evidence. For setting aside a default judgment, relief from sanctions and extensions of time, the free relief from sanctions checker works through the Denton stages and the CPR 13 grounds first.

Set aside, relief from sanctions and more time

Extension of 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).
  • The claimant and defendant may agree to extend the time for filing a defence by up to 28 days, and the defendant must notify the court in writing (CPR 15.5).
  • Where a rule, practice direction or order sets both the time and the consequence of missing it, 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, unless the court orders otherwise (CPR 3.8(3) and (4)). Parties should be ready to agree limited but reasonable extensions of up to 28 days; unreasonable refusal can be penalised in costs (Denton v TH White Ltd [2014] EWCA Civ 906 at [41] and [43]).
  • 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 filed in time is an application for an extension, not for relief from sanctions, even if the court deals with it after the deadline (Hallam Estates Ltd v Baker [2014] EWCA Civ 661 at [26]). Once a sanction has applied, CPR 3.9 and the Denton tests govern.
  • Extending the time for serving a claim form has its own stricter test once the time has run out (CPR 7.6(3)).

The evidence should cover:

  • The step, the time limit and where it comes from: the rule, or the paragraph of the order.
  • Why more time is needed, what has been done so far, and the new date asked for.
  • Whether the application is filed before the time expires (Hallam Estates at [26]).
  • Whether the other side was asked to agree, and its answer (Denton at [41]).
  • That no hearing date is put at risk, or how the timetable can still be kept.

Start an N244 for this application

Relief from sanctions (CPR 3.9)

Usually made by the party in default.

  • Any sanction in a rule, practice direction or order has effect unless the party in default applies for and obtains relief (CPR 3.8(1)). 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 of the case, so as to deal justly with the application, 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 does so in three stages: how serious or significant the failure was, why it occurred, and then all the circumstances, giving particular weight to the two factors in the rule (Denton v TH White Ltd [2014] EWCA Civ 906 at [24] and [32]). The promptness of the application is one of those circumstances (Denton at [36]).
  • The same approach applies to a late appellant’s notice or respondent’s notice, where the rules state no sanction but the late step needs the court’s permission (R (Hysaj) v Secretary of State for the Home Department [2014] EWCA Civ 1633 at [36]; Altomart Ltd v Salford Estates (No 2) Ltd [2014] EWCA Civ 1408 at [16]). For an appeal, the extension is applied for in the appellant’s or respondent’s notice, not on an N244 (PD 52B para 3.2; PD 52C paras 4 and 12).

The evidence should cover:

  • The failure: the rule, practice direction or order, what it required, by when, and the sanction.
  • How serious or significant it was: whether a hearing date was lost or put at risk, and its effect on the litigation (Denton at [25] to [28]).
  • Why it occurred, with dates and documents (Denton at [29] and [30]).
  • What has been done since and when: the step taken late, and how promptly the application followed (Denton at [36]).
  • Any other circumstances, including the history of compliance on both sides (Denton at [27] and [36]).

Start an N244 for this application

Set aside a default judgment (including a CCJ) (CPR 13.2 and 13.3)

Usually made by the defendant.

  • The court must set aside a judgment that was wrongly entered: in default of an acknowledgment of service or a defence when a condition in CPR 12.3 was not met (for example, the time for filing had not expired, or the defendant’s application to strike out or for summary judgment was still undecided), or where the whole claim had been paid before judgment (CPR 13.2).
  • In any other case 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 why it should be set aside or varied or the defendant allowed to defend; and it must have regard to whether the application was made promptly (CPR 13.3).
  • A real prospect is realistic rather than fanciful and better than merely arguable, and the burden is on the defendant (ED&F Man Liquid Products Ltd v Patel [2003] EWCA Civ 472 at [8] and [9]).
  • An application under CPR 13.3 must be supported by evidence (CPR 13.4(3)). After the merits and promptness, the Denton tests apply in full, to the default that led to the judgment (FXF v English Karate Federation Ltd [2023] EWCA Civ 891 at [67] and [72]). Promptness runs from when the defendant knew of the judgment, or could with reasonable diligence have known enough to apply (Gentry v Miller [2016] EWCA Civ 141 at [33]).
  • The court fee is £321 on notice (fee 2.4(a)), the figure GOV.UK gives for setting aside a county court judgment. If the claim is for a specified sum of money, the defendant is an individual, the judgment was obtained in a court that is not the defendant’s home court, and the claim has not been transferred or sent to another defendant’s home court, the application is transferred or sent to the defendant’s home court (CPR 13.4(1)); this does not apply in a specialist list (CPR 13.4(2)). Where the claim was started in the Civil National Business Centre and the defendant is not an individual, it goes to the preferred hearing centre (CPR 13.4(1B)).

The evidence should cover:

  • How and when the claim form and particulars of claim were served, and when the defendant learned of the judgment (Gentry at [33]).
  • Why no acknowledgment of service or defence was filed in time (the Denton second stage).
  • The defence: exhibit a draft defence and the facts that give it a real prospect of success. A draft defence is the usual way to show it (practice, not a rule).
  • When the application was made, and anything that explains the time taken (CPR 13.3(2)).
  • If the judgment was wrongly entered: which condition in CPR 12.3 was not met, with the documents (CPR 13.2).

Start an N244 for this application

Summary judgment, strike out and other applications

Summary judgment (CPR Part 24)

Usually made by either party.

  • The court may give summary judgment on the whole of a claim or on an issue if the party has no real prospect of succeeding on the claim, defence or issue, and there is no other compelling reason why it should be disposed of at a trial (CPR 24.3). It is available against a claimant in any proceedings, and against a defendant except in some possession claims for residential premises (CPR 24.2).
  • The application notice must state that it is for summary judgment, identify concisely any point of law or document relied on, set out or attach the written evidence relied on, state the applicant’s belief that the respondent has no real prospect of succeeding and that it knows of no reason why disposal should await trial, and draw the respondent’s attention to its right to rely on evidence opposing the application (CPR 24.5(1)).
  • A claimant may not apply until the defendant has filed an acknowledgment of service or a defence, unless the court gives permission or a rule or practice direction says otherwise (CPR 24.4(1)). If the application is made before a defence is filed, the defendant need not file one before the hearing (CPR 24.4(4)).
  • The respondent must have at least 14 days’ notice of the hearing date and the issues to be decided (CPR 24.4(5)). Written evidence: the respondent’s at least 7 days before the hearing, the applicant’s reply at least 3 days before (CPR 24.5(3)).
  • The court may make its order subject to conditions, such as a payment into court (CPR 24.6(c) and 3.1(3)).

The evidence should cover:

  • The point of law or the documents relied on, identified concisely (CPR 24.5(1)(b)).
  • Why the respondent has no real prospect of succeeding on the claim, defence or issue (CPR 24.3(a)).
  • Why there is no other compelling reason for a trial (CPR 24.3(b)).

Start an N244 for this application

Strike out a statement of case (CPR 3.4)

Usually made by either party.

  • The court may strike out a statement of case, or part of one, if it discloses no reasonable grounds for bringing or defending the claim, if it is an abuse of the court’s process or otherwise likely to obstruct the just disposal of the proceedings, or if there has been a failure to comply with a rule, practice direction or court order; or, for a claimant’s statement of case, if the claim is a SLAPP claim (s.195 Economic Crime and Corporate Transparency Act 2023) and the claimant has not shown it is more likely than not to succeed at trial (CPR 3.4(1) and (2), with (2)(d) in force from 18 June 2025).
  • Many applications under CPR 3.4(2) can be made without evidence in support, but consider whether facts need to be proved (PD 3A para 5.2). The same points may be taken on an application for summary judgment, or both together (PD 3A para 1.5).
  • A defendant who applies to strike out all or part of the claim form or particulars of claim need not file a defence before the hearing (CPR 3.4(7)).
  • Where a claimant’s statement of case is struck out with an order to pay costs, a second claim on the same or substantially the same facts can be stayed, on the defendant’s application, until those costs are paid (CPR 3.4(4)).

The evidence should cover:

  • Which statement of case, or which paragraphs, and which limb of CPR 3.4(2) is relied on.
  • For a failure to comply: the rule, practice direction or order, and what was not done (CPR 3.4(2)(c)).
  • Any facts that need proving (PD 3A para 5.2).

Start an N244 for this application

Interim payment (damages) (CPR 25.20 to 25.25)

Usually made by the claimant.

  • Not before the end of the period for filing an acknowledgment of service by the defendant concerned (CPR 25.21(1)). Serve the application notice at least 14 days before the hearing, supported by evidence; the respondent’s evidence is due at least 7 days before and any reply at least 3 days before (CPR 25.21(3) to (5)).
  • The court may order it only if a condition in CPR 25.23 applies: for example, the defendant has admitted liability to pay damages or another sum, the claimant has judgment for damages to be assessed, or the court is satisfied that the claimant would obtain judgment for a substantial amount of money (other than costs) at trial.
  • It must not order more than a reasonable proportion of the likely amount of the final judgment, and must take into account contributory negligence and any relevant set-off or counterclaim (CPR 25.20(1) and (2)).
  • In a personal injury claim to which the Social Security (Recovery of Benefits) Act 1997 applies, a defendant contesting the application must obtain a certificate of recoverable benefits and file it at the hearing (CPR 25.24). The trial judge is not told of an interim payment until liability and amount are decided, unless the defendant agrees (CPR 25.25).
  • An interim payment is on account of a sum other than costs (CPR 25.1(1)(l)). A payment on account of costs is a different order: where the court orders a party to pay costs subject to detailed assessment, it will order a reasonable sum on account unless there is good reason not to (CPR 44.2(8)).

The evidence should cover:

  • The sum sought, the items or matters it is for, and the sum for which final judgment is likely to be given (CPR 25.22(1)(a) to (c)).
  • The reasons for believing a condition in CPR 25.23 is met (CPR 25.22(1)(d)).
  • In a personal injury claim, details of special damages and past and future loss, with the medical reports exhibited (CPR 25.22(1)(f) and (2)).

Start an N244 for this application

Pre-action disclosure (CPR 31.16)

Usually made by a likely party, before proceedings start.

  • The application must be supported by evidence (CPR 31.16(2)). The court may order disclosure only where the respondent and the applicant are both likely to be parties to subsequent proceedings, the respondent’s duty of standard disclosure would extend to the documents sought, and disclosure before proceedings is desirable to dispose fairly of the anticipated proceedings, assist the dispute to be resolved without proceedings, or save costs (CPR 31.16(3)).
  • The order must specify the documents or classes of documents, and require the respondent to say which are no longer in its control and which it claims a right or duty to withhold from inspection (CPR 31.16(4)).
  • Costs: the general rule is that the court awards the respondent its costs of the application and of complying with any order, though it may order otherwise, having regard to how reasonable the opposition was and compliance with any relevant pre-action protocol (CPR 46.1).
  • Before a claim is started, apply to the court where the claim is most likely to be started, unless there is good reason to apply elsewhere; in the County Court, at any hearing centre (CPR 23.2(4) and (5)).
  • On our reading the general application fee applies (£321 on notice, fee 2.4(a)): the Fees Order specifies no other fee for it.

The evidence should cover:

  • Why the respondent and the applicant are each likely to be parties to proceedings, and what the dispute is about (CPR 31.16(3)(a) and (b)).
  • The documents or classes of documents, and why standard disclosure would extend to them (CPR 31.16(3)(c)).
  • Why disclosure now is desirable (CPR 31.16(3)(d)), and the request made before applying.

Start an N244 for this application

Order for further information (Part 18) (CPR 18.1)

Usually made by either party.

  • Serve a written Request first, stating a date for the response that allows a reasonable time (PD 18 para 1.1); keep it concise and confined to what is reasonably necessary and proportionate (PD 18 para 1.2).
  • The application notice should set out or attach the text of the order sought, specifying the matters on which clarification or information is sought; if no Request was made it should explain why, and if one was, the notice or evidence should describe any response (PD 18 paras 5.2 and 5.3).
  • If there has been no response at all, at least 14 days have passed since the Request was served and the time it gave has expired, the application notice need not be served and the court may deal with it without a hearing (PD 18 para 5.5): on our reading an application without notice, fee 2.5(a). Otherwise it must be served on the other party and all other parties (PD 18 para 5.6).
  • The order must be served on all parties (PD 18 para 5.7). If an order does not mention costs, the general rule is that no party is entitled to costs relating to it (CPR 44.10(1); PD 18 para 5.8(2)). An order made on an application without notice that does not mention costs is deemed to include an order for the applicant’s costs in the case (CPR 44.10(2)(c)). Ask for the order you want on costs in the draft order.

The evidence should cover:

  • The Request: when it was served and the date it gave for a response (PD 18 para 1.1).
  • Any response, and why it does not answer the Request (PD 18 para 5.3(2)).
  • Why the information is reasonably necessary and proportionate (PD 18 para 1.2).

Start an N244 for this application

Costs applications

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)).
  • An application under CPR 47.12(2) 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.

The evidence should cover:

  • If the receiving party was not entitled to the certificate, why: for example, points of dispute were served before it was issued, so the court could not issue it (CPR 47.9(5)); on our reading the receiving party was then not entitled to it (CPR 47.12(1)). Give the dates and the proof of service.
  • Otherwise, the good reason why the detailed assessment proceedings should continue (CPR 47.12(2)).
  • When the certificate came to the paying party’s attention, and how promptly it applied (PD 47 para 11.2(2)).
  • Exhibit a copy of the bill, the default costs certificate and the draft points of dispute (PD 47 para 11.2(3)).

Start an N244 for this application

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: on our reading, the bar on telling the trial judge before the case is decided (CPR 36.16(2), applied to detailed assessment by CPR 47.20(4)) covers this application too, since the same costs judge may hear the assessment.

The evidence should cover:

  • The date the request for a detailed assessment hearing was filed (CPR 47.16(1)).
  • The sum sought, and why at least that sum is likely to be allowed on assessment.
  • Nothing about any Part 36 offer. On our reading, the bar on telling the judge about a Part 36 offer before the case is decided (CPR 36.16(2), applied to detailed assessment by CPR 47.20(4)) covers this application too, since the same costs judge may hear the assessment.

Start an N244 for this application

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).

The evidence should cover:

  • The date of the judgment, direction, order or other determination that gave the right to costs, and when the time for commencing detailed assessment proceedings expired (CPR 47.7).
  • That no notice of commencement has been served.

Start an N244 for this application

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]).

The evidence should cover:

  • The condition in CPR 25.27(b) relied on, or the enactment, with the facts that show it.
  • Why an order is just in all the circumstances (CPR 25.27(a)).
  • Practice form PF43 says a draft statement of the defendant’s costs of the proceedings should be filed with the application notice.

Start an N244 for this application

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)).

The evidence should cover:

  • 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).

Start an N244 for this application

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)).

The evidence should cover:

  • Why the firm has ceased to act, without disclosing privileged material.
  • That notice of the application has been given to the client, unless the court directs otherwise (CPR 42.3(2)).

Start an N244 for this application

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 at [38]).
  • 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)).

The evidence should cover:

  • The date the notice of discontinuance was served on the defendant: the application must be made within 28 days after that (CPR 38.4(2)).
  • The reasons, which need to be powerful: abuse of the court’s process or egregious conduct of a similar nature (Excalibur & Keswick Groundworks Ltd v McDonald [2023] EWCA Civ 18 at [38]).

Start an N244 for this application

Sources

Frequently asked questions

Yes. It is completely free, with no sign-up, no paywall and no limit. It fills in the official HMCTS form in your browser, and nothing you type is sent to DMD Costs.
From 13 July 2026, £321 for an application on notice (fee 2.4(a)) and £126 for an application by consent or without notice (fee 2.5(a)), where no other fee is specified. Some applications have their own fee: setting aside a default costs certificate is £152 (fee 5.5). An application by consent to adjourn a hearing that reaches the court at least 14 days before it is free, and if an application by consent or without notice is refused and ordered to be made on notice, the balance of the on-notice fee is paid. Help with Fees can reduce or waive the fee for a litigant who qualifies.
As soon as practicable after it is filed, and at least 3 days before the court is to deal with the application, unless a rule, practice direction or order sets a different time (CPR 23.7(1)). The 3 days are clear days, so neither the day of service nor the day of the hearing counts, and because the period is 5 days or less, weekends and bank holidays do not count either (CPR 2.8). The rule’s own example: for a hearing on Friday 20 October, the last day for service is Monday 16 October. Serve the evidence in support and any draft order with it (CPR 23.7(3)).
Yes. The court may deal with an application without a hearing if the parties agree the terms of the order, if they agree to dispense with a hearing, or if the court does not consider a hearing appropriate (CPR 23.8(1)). Where the parties agreed to dispense with a hearing, a party needs the court’s permission to have the order set aside, varied or stayed (CPR 23.8(2)). Where the court decided without a hearing of its own accord and a party had no chance to make representations, that party may apply to set aside, vary or stay the order within the period the order gives or, if none, 7 days after it was served (CPR 23.8(3)).
Only where there is exceptional urgency, where the overriding objective is best furthered by it, by consent of all parties, with the court’s permission, where the applicant asks that their address not be given to a party, where there is not enough time to serve before a hearing already fixed, or where an order, rule or practice direction permits (PD 23A para 3). A person who was not served can apply to set aside or vary the order within 7 days after it was served on them, unless the court directs otherwise (CPR 23.10).
Some applications must be supported by evidence: relief from sanctions (CPR 3.9(2)), setting aside a default judgment under CPR 13.3 (CPR 13.4(3)), an interim payment (CPR 25.21(3)), pre-action disclosure (CPR 31.16(2)), setting aside a default costs certificate (PD 47 para 11.2(1)), security for costs (CPR 25.26(2)) and an order that a solicitor has ceased to act (CPR 42.3(2)), for example. Evidence not in the application itself should be served with it (PD 23A para 7.1). Facts set out in section 10 of the form count as evidence only if the application notice is verified by a statement of truth (CPR 22.1(3) and PD 23A para 7.5).
On Form N244, supported by evidence (CPR 13.4(3)). The court must set the judgment aside if it was wrongly entered, for example because the time for an acknowledgment of service or defence had not expired, or the whole claim had been paid (CPR 13.2). Otherwise it may set it aside if the defendant has a real prospect of successfully defending the claim, or there is some other good reason, and it must have regard to whether the application was made promptly (CPR 13.3). The Court of Appeal has held that the Denton tests then apply in full (FXF v English Karate Federation [2023] EWCA Civ 891 at [72]). Exhibit a draft defence to the evidence.
An application to set aside a county court judgment is made on Form N244. On notice to the claimant the court fee is £321 (fee 2.4(a)), the figure GOV.UK gives; by consent it is £126 (fee 2.5(a)). Help with Fees can reduce or waive it for a litigant who qualifies. A default costs certificate is different: setting one aside is £152 (fee 5.5).
On Form N244, supported by evidence (CPR 3.9(2)), as promptly as possible. The court considers all the circumstances so as to deal justly with the application, 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 does so in three stages: the seriousness and significance of the failure, why it occurred, and all the circumstances (Denton v TH White [2014] EWCA Civ 906 at [24]). Where the sanction is the payment of costs, the only route is an appeal (CPR 3.8(2)).
Often, yes. Unless a rule, practice direction or order says otherwise, time limits can be varied by written agreement (CPR 2.11). The time for a defence can be extended by agreement by up to 28 days, and the defendant must notify the court in writing (CPR 15.5). Where a rule, practice direction or order also sets the consequence of missing the deadline, the parties can agree in writing beforehand to extend it by up to 28 days, provided no hearing date is put at risk (CPR 3.8(3) and (4)). A party must apply to the court to move a date fixed for a case management conference, a pre-trial review, the pre-trial check list, the trial or the trial period (CPR 28.3 and 29.5). Appeal time limits cannot be extended by agreement at all (CPR 52.15(2)).
That it is an application for summary judgment; the points of law or documents relied on; the written evidence relied on; that the applicant believes the respondent has no real prospect of succeeding on the claim, defence or issue and knows of no reason why its disposal should await trial; and that the respondent may rely on evidence opposing it (CPR 24.5(1)). The respondent must have at least 14 days’ notice of the hearing (CPR 24.4(5)); its evidence is due 7 days before and the applicant’s reply 3 days before (CPR 24.5(3)).
Sometimes you must. On the online Damages Claims Portal, where every party is represented, applications are made online and the online application is treated as the application notice (PD 51ZB para 7A.1); a represented party in an online civil money claim must also apply online (PD 51R para 16B.1). In the Senior Courts Costs Office and the other CE-File courts, a represented party files on CE-File, with any draft order in Word format (PD 5C paras 2.1 and 3.1).
At the appropriate office (CPR 47.4(1)): usually the court or hearing centre where the case was when the right to costs arose (PD 47 para 4.1). For the London County Court hearing centres listed in PD 47 para 4.2, such as Central London, the Costs Office deals with the assessment, but default costs certificates are issued, and applications to set them aside are issued and heard, at the hearing centre (PD 47 para 4.2(2)).
Not if the parties agree: the time for points of dispute may be extended by written agreement (CPR 2.11) or by the court (PD 47 para 8.1). Where a rule, practice direction or order sets the consequence of missing a deadline, an extension agreed in writing beforehand is limited to 28 days and must not put a hearing date at risk (CPR 3.8(3) and (4)).
On Form N244, with a fee of £152 (fee 5.5). 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, the court has regard to whether it was made promptly, and as a general rule the applicant files with it a copy of the bill, a copy of the default costs certificate and a draft of the points of dispute it proposes to serve (PD 47 para 11.2). The court may set the certificate aside on conditions and may order a payment on account of the costs (PD 47 para 11.3).
By application, once the receiving party has filed its request for a detailed assessment hearing: the court may then issue an interim costs certificate for such sum as it considers appropriate (CPR 47.16(1)). The certificate includes an order to pay unless the court orders otherwise, and the court may order the sum paid into court instead (CPR 47.16(2) and (3)). Do not refer to any Part 36 offer: on our reading, the bar on telling the trial judge before the case is decided (CPR 36.16(2), applied to detailed assessment by CPR 47.20(4)) covers this application too, since the same costs judge may hear the assessment.
Detailed assessment proceedings must usually be commenced within 3 months of the judgment, direction, order, award or other determination giving the right to costs (CPR 47.7). If they are not, the paying party may apply for an order that the receiving party commence them within a time the court specifies, and the court may direct that, unless it does, all or part of the costs are disallowed (CPR 47.8(1) and (2)). Without such an application, late commencement can cost the receiving party only interest on the costs, unless there is misconduct (CPR 47.8(3)).

Costs disputes are what we draft for

We work for claimant solicitor firms: we draft the bill, the replies to Points of Dispute and the offers on costs, and negotiate the costs to settlement. The fee is fixed and agreed before any work begins.