Form N244 - Application Notice PDF

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Summary

An example of a completed application notice (Form N244) for the civil dispute resolution module of the 21/22 LPC....

Description

N244

Application notice For help in completing this form please read the notes for guidance form N244 Notes.

Find out how HM Courts and Tribunals Service uses personal information you give them when you fill in a form: https://www.gov.uk/ government/organisations/hm-courtsand- tribunals-service/about/personalinformation- charter

Name of court [High Court of Justice Queen's Bench Division] Fee account no. (if applicable)

Claim no. [REFERENCE FROM CLAIM FORM] Help with Fees – Ref. no. (if applicable) H W F -

-

Warrant no. (if applicable)

Claimant’s name (including ref.) A LIMITED (REFERENCE: ABC) Defendant’s name (including ref.) B LIMITED (REFERENCE: DEF)

Date

[INSERT DATE]

1. What is your name or, if you are a legal representative, the name of your firm? GHI Solicitors (REFERENCE: DEF)

2. Are you a

☐Claiman t

☐Defendan t

☒Legal Representative

☐Other (please specify) If you are a legal representative whom do you represent?

The defendant

3. What order are you asking the court to make and why? An order for a 28-day extension of time for the filing and service of the defence until 4.30 pm on [DATE] because the defendant is not yet in a position to finalise, file and serve its defence.

N244 Application notice (01.21)

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© Crown copyright 2021

4. Have you attached a draft of the order you are applying for?

☒Yes

5. How do you want to have this application dealt with?

☒at a hearing

☐No

☐without a hearing

☐at a telephone hearing 6. How long do you think the hearing will last? Is this time estimate agreed by all

ours ☐Yes

10-15 ☒No

Minutes

parties? 7. Give details of any fixed trial date or period 8. What level of Judge does your hearing need?

Master

9. Who should be served with this application?

The claimant's solicitors (The defendant’s solicitors will serve)

9a. Please give the service address, (other than details of the claimant or defendant) of any party named in question 9.

10.What information will you be relying on, in support of your application? ☐the attached witness statement ☐the statement of case ☒the evidence set out in the box below If necessary, please continue on a separate sheet. The parties exchanged pre-action correspondence in compliance with the Practice direction on pre-action conduct and protocols. On [date], the claimant sent my firm the unissued particulars of claim. This was some 12 weeks ago. Five (5) weeks later, on [date] even though negotiations were ongoing, the claimant issued and served the claim form together with the particulars of claim. The particulars of claim as served were in substantially the same form as those in the document previously sent informally. We acknowledged service on behalf of the defendant and indicated the defendant's intention to defend. We sought, and the claimant agreed, pursuant to CPR 15.5(1), a 28-day extension of time for service of the defence. That extension of time expires on [DATE]. We have asked the claimant to consent to a further 28-day extension of time for service of the defence to [DATE] but this has been refused (see attached correspondence between my firm and JLK solicitors, who act for the claimant, variously dated between [DATE OF FIRST PIECE OF CORRESPONDENCE] and [DATE OF LAST PIECE OF CORRESPONDENCE]. The defendant requires the further 28 days in which to finalise and serve the defence because this is a complex high-value matter involving serious allegations against some of the defendants' senior personnel, and we have not yet been able to speak with all of the relevant witnesses. Extending time now is likely to save the time and cost of having to amend the defence at a later stage.

Statement of Truth I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. ☐I believe that the facts stated in section 10 (and any continuation sheets) are true. ☐The Applicant believes that the facts stated in section 10 (and any continuation sheets) are true. I am authorised by the applicant to sign this statement.

Signature J Smith

☐Applicant ☐Litigation friend (where applicant is a child or a Protected Party) ☐Applicant’s legal representative (as defined by CPR 2.3(1)) Date Day

Month

Year

Full name John Smith

Name of applicant’s legal representative’s firm GHI Soliciotrs

If signing on behalf of firm or company give position or office held

Signature and address details Signed J Smith Applicant(’s legal representative)(’s litigation friend)

Dated __________________

Position or office held _______________________________________________________ (if signing on behalf of firm or company)

Applicant’s address to which documents should be sent. Building and street GHI Solicitors, No.1, Any Street

Second line of address Town or city Anytown

County (optional) Postcode A

N

1

2

If applicable Phone number [INSERT]

Fax number [INSERT]

DX number [INSERT]

Your Ref. DEF

Email

Y

T

3...