How Do You Make an Application in Court Proceedings?
Civil litigation has a set procedure for all claims detailed in the Civil Procedure Rules (CPR). The court also provides directions to the parties throughout the proceedings as to what they are required to do. Applications allow litigating parties to ask the court to make an order to either vary or adjust what the court has said they must do or require something new to be done.
A party to litigation (called a litigant) can ask the court to do something by applying with a draft order. Applications are used for a range of different purposes during the litigation process. If the court grants the application, it leads to a court order.
A litigant must use the standard form, N244, to make an application. Form N244 requires the applicant to explain what they want and why. The document must detail the order sought, the reason, and the evidence to support it. Section 10 of the form contains space for evidence. Depending on what the application is asking for, it can be necessary to provide a witness statement to support the applicant’s request. The applicant would usually need to provide a draft order of what they are asking the court to do.
Applications can be with or without notice, but in court proceedings they should usually be made on notice and at the time of writing the court fee for an on notice application is £255, but you will need to check and make sure you pay the right fee otherwise the court will not process your application.
There are numerous reasons to apply to the court. Some examples include extending the time available to file a defence in a claim, an application to vary or set aside a previous order, or to strike out the particulars of a claim.
On the application form you will need to say whether you want the application dealt with at a hearing or without a hearing.
If the parties have agreed to a draft order, no hearing is required, and a consent order is sent to the court for approval. The court still issues the order even if the respondent agrees with an application. After an order is sealed, another application will be required to vary it.
The respondent can negotiate, oppose, or consent to the application. If they contest it, they must file their own evidence, to which the applicant might reply again.
Where an application is opposed, while the court can decide it on the documents, usually the court will list the application for a hearing and usually whoever wins or loses that application will pay the other side’s costs.
It is really important that you carefully consider the implications before making an application, as solicitors who specialise in litigation, we are well-placed to guide you through this process and if you think you might need help please contact us- we act in disputes across the country and would love to assist you.