An Application Notice is a document in which the person completing the document (“the Applicant”) states his intention to seek a Court Order. An Application Notice is required in most instances where a party wishes the Court to make an Order.
Ordinarily the party seeking the Court Order will make the application by completing Form N244, a copy of which can be obtained from the Court or found on the Court Service’s website.
At the top right hand side of the form the name of the appropriate Court should be stated. The general rule is that an application should be made in the Court in which the claim is proceeding. This may not be the same Court in which the proceedings were commenced.
The Claim Number should also be stated. The Claim Number can be found at the top right hand side of the Claim Form. Any Warrant Number should also be stated. There will only be a Warrant Number if enforcement action has been commenced.
The names of the parties should also be stated together with their reference details, where appropriate. The Application Notice should be dated.
At section 1 the name of the person making the application should be stated. If the application is being made by a solicitor, the name of the solicitor’s firm should be stated.
At section 2 the Applicant should confirm the capacity in which they are making the application by ticking the appropriate box.
At section 3 the Applicant should state what Order they are asking the Court to make and why. The appropriate wording to be used at this section will depend upon the nature of the Order sought.
Generally it is considered to be good practice to specify the provision of the Civil Procedure Rules pursuant to which the application is being made. For example if the Applicant is seeking an Order for Summary Judgment appropriate wording may be “The Applicant seeks an Order for Summary Judgment pursuant to Part 24 of the Civil Procedure Rules on the ground that the Defendant has no real prospect of successfully defending the claim or issue and there is no other compelling reason why the case or issue should be disposed of at a trial”.
At section 4 the Applicant should confirm whether they have attached a draft order to the application by ticking the appropriate box. A draft Order should generally be attached unless it is a very straight forward application.
At section 5 the Applicant should confirm how they wish the application to be dealt with by ticking the appropriate box. Applications can be at a hearing, without a hearing or by way of a telephone hearing.
A Court can deal with an application without a hearing if the parties agree to the terms of the Order sought, or if the parties agree that a hearing is not necessary or the Court takes the view that a hearing would be appropriate.
Where the Applicant requests that the application be dealt with without a hearing the Court may still list the matter for a hearing if it considers a hearing to be necessary.
A telephone hearing will not be listed if the application is being made without notice to the other party, if all of the parties are unrepresented or if more than 4 persons wish to make representations at the hearing.
If the Applicant has asked for the application to be dealt with at a hearing or a telephone hearing, at section 6 they should provide an estimate as to the likely length of the hearing or telephone hearing and confirm whether such time estimate has been agreed with the other parties in the case. The length of the hearing will generally depend upon the nature of the application, the volume of evidence and the number of parties involved.
If the case has been listed for trial or a “trial window” has been allocated, at section 7 the Applicant should state the trial date or give details of the trial window.
At section 8 the Applicant is required to specify the level of Judge required. Some types of matters can only be dealt with by Judges of a certain level. The majority of applications will, however, be dealt with by a District Judge.
At section 9 the Applicant is required to state who the application should be served upon. The general rule is that the application should be served upon the Respondent to the application. The Respondent is the person against whom the Order is sought.
At section 10 the Applicant is required to indicate what information it will be relying on, in support of the application by ticking one or more box. An Applicant can rely upon information contained in a witness statement, contained in a “Statement of Case” (for example the Particulars of Claim or Defence), or set out on form N244 itself.
Where an Applicant relies upon information set out on form N244 he should verify the information by signing the “Statement of Truth” and providing his details.
At section 11 the Applicant is required to sign and date the application, confirm his status if signing on behalf or a firm or company, and provide his contact details.
Ask your legal question using the box below and have a response from solicitor or barrister within minutes.