Form N244 is the standard application notice used in civil and family proceedings to ask the court to do something. It is most commonly used to apply to set aside a court order, but it has many other uses including applications for permission, variation, enforcement and procedural directions.
This guide explains what Form N244 is, when to use it for a set aside application, what the court will consider and how to give your application the best chance of success.
Form N244 is the application notice for asking the court to make an order in existing proceedings. It is used in the County Court, the High Court and many family court applications. If you need the court to do something that is not part of the standard procedure for your case, you usually need to file an N244.
For set aside applications, N244 is the form you use to ask the court to cancel or revoke an existing order. The court will consider whether the order should be set aside based on the grounds you set out and the evidence you provide.
The grounds for setting aside an order vary depending on the type of order and the rules that apply. The most common grounds include:
The order was made without the proper procedure being followed. For example, you were never served with the claim, or the hearing happened without proper notice.
Where a default judgment has been entered against you, you may be able to apply to set it aside under CPR 13.2 (mandatory set aside) or CPR 13.3 (discretionary set aside). The two have different tests.
Significant new evidence has come to light that could not have been available at the original hearing.
The other party failed to disclose something material, or actively misled the court.
For some types of order (including some financial remedy orders), a fundamental change of circumstances may justify setting aside.
The form is divided into several sections. Each must be completed accurately.
This section asks who you are, the case number and which party you are. The case number must match exactly. A small error here can delay processing.
Be specific. "Set aside the order of [date]" is the minimum. If you want anything else (for example, costs of the application or a stay of execution while the application is heard), set that out clearly.
A draft order is not always required but is usually helpful. It tells the court exactly what you want them to make. For a set aside application, the draft order should state that the previous order is set aside and may need to address any consequences.
You can ask for the application to be considered on paper or at a hearing. Most contested set aside applications are dealt with at a hearing. You can ask for a telephone hearing if appropriate.
For most set aside applications, the appropriate level is District Judge in the County Court or Circuit Judge in the High Court. Get this wrong and the application may be reallocated.
You must serve the application on every other party. The court will not do this for you in most cases.
This is where you set out the grounds. Use a separate sheet if needed. Be specific about the rule you are relying on (for example, CPR 13.2) and the facts that bring your case within that rule.
Most set aside applications require a witness statement in support. The form asks you to confirm that one is attached.
You must sign the statement of truth. Making a false statement in an N244 carries serious consequences.
For any contested set aside application, your witness statement is the most important document. It tells the court the full story behind the application and provides the evidence the court will rely on.
A strong witness statement will include:
The witness statement should be properly formatted, numbered and signed with a statement of truth. Exhibits should be attached and cross-referenced.
An N244 application requires a court fee. The amount depends on whether it is made by consent, without notice, or on notice with a hearing. The current fees are set out on the gov.uk court fees page and are updated periodically.
If you are on a low income, you may be eligible for help with court fees. The application form is EX160.
Once your N244 is filed and the fee paid, the court will issue the application. You then need to serve it on all other parties. The court will list a hearing or, if you have asked for a paper consideration, send the papers to a judge.
The other side will usually have an opportunity to respond before the hearing. They may file their own evidence opposing the application.
At the hearing, the judge will hear from both sides and decide whether to grant the order you have asked for. The judge can:
"The order is unfair" is not a ground. The court needs to know the specific rule and the specific facts.
Most contested applications need evidence. Without a witness statement, the court has nothing to rely on.
If you delay in making the application, the court will want an explanation. Significant delay can be fatal.
The application must be filed at the court that made the original order, unless the proceedings have been transferred.
The other side must be served. Failure to serve can lead to the application being dismissed or set aside.
Set aside applications are technical. The rules differ depending on the type of order, and the consequences of getting them wrong can be serious. For any contested set aside application, taking advice from a barrister with civil procedure or family experience is usually worthwhile.
A direct access barrister can advise on the strength of the application, draft the witness statement, prepare the N244 and represent you at the hearing. This is often considerably cheaper than instructing a solicitor.
If you would like a specialist barrister to look at your matter, we can usually arrange a fixed-fee quote within 24 hours. There is no obligation at any stage and the initial enquiry is free. Submit your case and our team will be in touch.