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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.

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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]).

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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).

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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)).

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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).

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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)).

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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.

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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).

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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)).

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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.

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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.

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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.

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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).

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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)).

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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]).

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