Application notice (N244)

Once a claim is underway, an N244 is how you ask the court to change course — set aside a default judgment, buy more time, or adjourn a hearing. Here is what it covers and how the court decides.

What is Form N244 used for?

Form N244 is the application notice used to ask a county court to make an order during proceedings that are already underway. Common uses include applying to set aside a default judgment, asking for more time to file a defence or evidence, requesting an adjournment of a hearing, or seeking permission to amend a statement of case.

Does an N244 application always need a hearing?

No. Some applications are dealt with on the papers alone, without either party attending — the court reviews the notice, any evidence and the other side's response and makes a decision. Others require a short hearing, particularly where the facts are disputed or the order sought would have a significant effect on the case. The court, not the applicant, usually decides which route is used.

How much does it cost to file an N244?

The fee depends on the type of application and whether a hearing is requested, and is set out in the HMCTS EX50 fees schedule, which is updated periodically. Check the current fee on GOV.UK before applying, since figures change. A fee remission may be available if you are on a low income or receive certain benefits.

What happens if I don't serve the other party?

Most applications must be served on every other party unless the notice specifically states it is made without notice — for example, an urgent application where telling the other side in advance would defeat its purpose. If you are required to serve the notice and fail to, the court can refuse to deal with the application or adjourn it until proper service has taken place.

Can I use N244 to ask for more time to pay a judgment debt?

Usually not directly. If you are a defendant who has already admitted the debt, you normally request a payment schedule when filing your response to the claim, or apply separately for a variation of an existing instalment order. N244 is the general-purpose route for procedural applications rather than the specific instalment process, though a court may direct you toward it in some circumstances.

What is the test for setting aside a default judgment?

Under CPR 13.3, the court has discretion to set aside a default judgment where the defendant has a real prospect of successfully defending the claim, or there is some other good reason to do so. The court also considers how promptly the defendant applied after finding out about the judgment. Delay without a good explanation makes an application harder to win, even where the underlying defence looks strong.

What if I need to ask the court for extra time to comply with an order?

You can apply for an extension of time under CPR 3.1(2)(a), ideally before the deadline passes. If the deadline has already passed, the application becomes one for relief from sanctions under CPR 3.9, which the court assesses against the three-stage test from Denton v TH White Ltd: the seriousness of the breach, why it happened, and all the circumstances of the case. Applying early, with a clear explanation, gives you a materially better chance than applying after the fact.

Application notice (N244)

Small Claims · Glossary

Application notice (N244)

Once a claim is underway, an N244 is how you ask the court to change course — set aside a default judgment, buy more time, or adjourn a hearing. Here is what it covers and how the court decides.

Last reviewed: July 2026

application notice (Form N244)

is the form used to ask a county court to make an order while a claim is already in progress — for example to set aside a judgment, extend a deadline, adjourn a hearing, or seek permission to amend a document already filed.

Where this comes from

Civil Procedure Rules, Part 23

— the general procedure for applying for a court order during proceedings.

— the test for setting aside a default judgment where there is a real prospect of successfully defending the claim.

Denton v TH White Ltd [2014] EWCA Civ 906

— the three-stage test applied to applications for relief from sanctions under CPR 3.9.

HMCTS EX50 fees schedule

— current fee for making an application notice, updated periodically.

What N244 is used for

Civil proceedings rarely run in a straight line from claim to trial without any need to ask the court for something along the way. Form N244 is the general-purpose vehicle for those requests. Common examples include asking the court to set aside a default judgment entered because a defence was filed late; requesting an extension of time to comply with a court order or direction; applying to adjourn a hearing because a key witness cannot attend; seeking permission to amend a statement of case; or asking for specific disclosure of a document the other side is refusing to produce voluntarily.

Not every procedural step needs a formal application. Where both sides agree to a short, reasonable extension, many courts accept a simple written consent without a fee-paying N244. An application notice becomes necessary once agreement cannot be reached, or where the order sought needs the court's independent decision regardless of whether the other side agrees.

How the application is made and decided

The notice must set out precisely what order you are asking for and why, and is usually supported by written evidence — a witness statement or a statement of case verified by a statement of truth — explaining the relevant facts. You file the notice with the court together with the applicable fee, which depends on the type of application and whether a hearing is requested; the current figure is published in the HMCTS EX50 fees schedule and should be checked before applying, as it changes periodically. A fee remission is available for those on a low income or receiving certain benefits.

Unless the notice specifically states it is made without notice — typically reserved for urgent situations where alerting the other side in advance would defeat the purpose of the application — you must serve a copy on every other party. The court then either decides the application on the papers alone, or lists a short hearing, usually where the facts are in dispute or the order sought would materially affect the case.

How it works in practice

A defendant is served with a small claim for £2,400 but, due to a change of address, does not see the claim form until after the deadline to respond has passed. The claimant, following the correct procedure, obtains a default judgment.

The defendant files Form N244 applying to set aside the default judgment under CPR 13.3, supported by a witness statement explaining the change of address, the date they actually received the claim, and a summary of a genuine defence — that the work was completed to specification and the claimant is disputing an unrelated issue.

Because the defendant applied promptly after discovering the judgment and has set out a defence with a real prospect of success, the court sets the judgment aside and gives directions for the claim to proceed to a normal hearing on the merits. Had the defendant waited months to apply, or produced no credible defence, the application would likely have failed even with a legitimate explanation for the original delay.

Frequently asked questions

Sources & further reading

Facing a default judgment or a missed deadline?

Start My Claim helps you prepare the evidence and paperwork an N244 application needs, and keeps track of every date that matters.

Last reviewed: July 2026.

References checked against the Civil Procedure Rules as in force on 6 July 2026.

This page is explanatory only and is not legal advice. Start My Claim is self-service software, not a law firm — its tools help you build and run your own case.