What is an Application Notice and when is it used?
An Application Notice is a document in which the person completing the document (the applicant) states their 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, which can be obtained from the court or found on the Court Service’s website.
How do I complete form N244?
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 under which the application is being made. For example, if the applicant is seeking an order for summary judgement, appropriate wording may be “the applicant seeks an order for summary judgement pursuant to Pt 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.
For more information on:
- Section 5
- Section 6
- Section 7
- Section 8
- Section 9
- Section 10
- Section 11