Start with the exact order required
Write the outcome as an order the court could actually make. Identify whether the request concerns a stay, variation, set aside, extension, relief from sanctions, disclosure, case management or another specific step. A broad request that the court should 'review the matter' does not define the decision required.
Compare the proposed order with the current procedural rule, existing court order and stage of proceedings. Some requests require a specialist form, a different court, permission, an appeal route or a separate statutory process. The form should follow the route rather than determine it.
Identify the legal and procedural basis
Record every rule, practice direction, statutory provision or previous direction that is genuinely relevant. The application should explain how the available facts satisfy the requirements of that route instead of listing provisions without analysis.
Check whether the court has discretion and what factors it normally considers. Where promptness, prejudice, compliance history or the merits of a proposed case matter, address those points with dated facts and supporting records.
Decide what evidence is needed
Separate information suitable for the application notice from evidence that should appear in a witness statement. State who has personal knowledge, which matters come from documents and which facts require an exhibit.
Create a short evidence map connecting each requirement to a paragraph and document. Avoid attaching an entire correspondence history without identifying the messages or records that prove the relevant point.
Prepare a coherent chronology
List the order, service, compliance and discovery dates in sequence. Explain what happened, when the applicant became aware of the problem and what was done next. A chronology makes promptness and causation easier to assess.
Use the date shown on the sealed order and retain evidence of service or receipt. Do not assume that the date of reading an email is necessarily the procedural date used by the rules.
Address notice, hearing and service
Check whether the application can properly be made without notice and whether a hearing is required. A preference for speed is not itself a basis for withholding notice from another party.
Record every party and representative who must receive the application, evidence and draft order. Verify the filing and service method, timing and any requirement for a hearing bundle or skeleton argument.
Draft the proposed order
A draft order should state the operative directions clearly: what is stayed, varied, set aside, extended or required; the date for compliance; any consequential direction; costs; and permission or service provisions where appropriate.
Do not use a draft order to introduce relief that the evidence and application do not support. Check that dates are workable and that the order does not conflict with an existing direction that remains in force.
Check fee and supporting documents
Confirm the current fee and whether Help with Fees may be relevant. Identify the claim number, court, parties, order or decision affected, proposed order, witness statement, exhibits and any bundle required by local or specialist directions.
Keep a complete copy of the filed application and evidence. Record the payment or Help with Fees reference and retain confirmation of filing and service.
Review before filing
Check names, addresses, claim number, dates, order wording, evidence references, signature and statement of truth. Verify that the request is consistent across the notice, witness statement and draft order.
An application does not automatically suspend an existing obligation. Unless the court has ordered otherwise, continue to treat live deadlines and orders as requiring attention and obtain individual advice where the procedural risk is significant.
Frequently asked questions
Is Form N244 always the correct form?
No. Some courts, lists and statutory procedures use another form or online process. Verify the current route for the specific request.
Does filing an application stop the existing order?
Not automatically. A stay or variation normally requires an order or another applicable rule.
Should the evidence be placed in the form?
The form may identify the basis, but substantial evidence is often clearer in a properly structured witness statement with exhibits.
Is a draft order required?
It is frequently useful and may be required by a rule, practice direction or court direction. Check the live requirements.
Can an application replace an appeal?
No. Set aside, variation, relief, reconsideration and appeal are distinct routes with different tests and deadlines.
Prepare before acting
- sealed order or decision
- current claim details
- exact order sought
- applicable rule or direction
- dated chronology
- witness statement
- identified exhibits
- draft order
- fee or Help with Fees information
- filing and service plan
Legal and procedural foundation
- Form N244 — Application notice
- How to complete Form N244
- Civil Procedure Rules Part 23
Forms, deadlines, fees, filing and service requirements must be checked against the current official material and the circumstances of the particular matter.
Verify the current position
Links lead to the material used to structure this publication.