Written by An interim application is a formal request for a court order after a civil claim has started but before final determination. For a litigant in person, the key question is not simply whether the application can be made. It is whether the order is necessary, proportionate, properly evidenced and worth the costs risk.
Publication snapshot
- An interim application is usually made by application notice, commonly Form N244, after a claim has started.
- The application should state exactly what order is sought and briefly why the court should make it.
- Most applications should be attempted informally first, unless urgency, fairness or the rules require immediate court involvement.
- Applications carry costs and case-management risks, especially where they are late, weakly evidenced or disruptive to a hearing date.
What an interim application is
An interim application is a request for a court order made after a civil claim has started but before the case has finally been decided. It is the formal route for asking the court to do something, stop something, vary a timetable, give directions, require evidence, or deal with a procedural problem.
For litigants in person, interim applications can feel like a way to regain control of a case. Sometimes they are necessary. Sometimes they are a mistake. The court will usually want litigation to be conducted efficiently, proportionately and in accordance with existing orders. An application that is unclear, unnecessary, late or unsupported may create more difficulty than it solves.
The working distinction
An interim application is not a general complaint to the court. It is a request for a specific order. The court needs to know what order you want, why you want it, what evidence supports it, and how it fits the proper progress of the case.
Common interim applications include applications to amend a statement of case, vary a direction, extend time, rely on further evidence, obtain specific disclosure, adjourn a hearing, set aside or vary an order, suspend enforcement, or seek relief from sanctions after a procedural default.
This article concerns civil proceedings in England and Wales. It does not cover criminal proceedings, family proceedings, tribunal proceedings, or Northern Ireland and Scottish procedure.
Before you apply
Before issuing an application, ask whether the problem can be resolved without court intervention. The court will often expect parties to communicate sensibly, narrow disputes and avoid unnecessary hearings. That does not mean you must keep negotiating indefinitely. It does mean that a rushed application may be criticised if there was a realistic opportunity to resolve the point first.
Start by identifying the actual order you need. A litigant in person may feel that the other side has behaved unfairly, delayed, concealed documents, or failed to cooperate. Those concerns may matter, but they still need to be translated into a clear procedural request.
Identify the problem
What has gone wrong procedurally? Is a deadline at risk? Is evidence missing? Has an order been breached?
Identify the order
What exactly do you want the court to order? Avoid vague requests such as “deal with the other side’s conduct”.
Try agreement
Where appropriate, write to the other side and ask whether the order can be agreed or dealt with by consent.
Check timing
Consider whether the application affects a hearing, trial date, sanction, costs budget, disclosure deadline or other order.
Keep records. Save emails, letters, delivery confirmations, call notes and any response from the other side. If you later need to explain why the application was necessary, a short record of reasonable attempts to resolve the issue can help.
If both sides agree the order, the application may be capable of being dealt with by consent. That can reduce cost and hearing pressure. But agreement between parties is not always enough. Some changes still require a court order, particularly where trial dates, hearing dates, sanctions or existing court directions are affected.
How to apply
The usual route is an application notice. In many civil cases this means Form N244, although specialist proceedings, specialist courts or particular applications may require different forms or additional rules.
CPR Part 23 provides the general framework for applications for court orders. The general rule is that the application should be made to the court or hearing centre where the claim was started, unless the claim has been transferred or another rule applies. If the parties have been notified of a fixed trial date, the application must be made to the court where the trial is to take place.
What the application notice must do
The application notice should state what order you are asking for and briefly why you are asking for it. In practical terms, that means the judge should be able to see the requested order, the reason for it, the supporting evidence and the procedural context without having to reconstruct your case from a bundle of correspondence.
Write in plain English. Do not use legal language unless you understand it. A short, clear application is usually better than a long and unfocused one. State the order sought directly. Then explain the facts, the procedural history and why the order is needed.
Many applications should include a draft order. A draft order is the wording you ask the judge to make. It should be precise. For example, instead of asking the court to “make the other party provide documents”, identify the category of documents, the deadline and any consequential directions.
Applications are usually served on the other party. CPR Part 23 provides that a copy of the application notice must be served on each respondent unless a rule, practice direction or court order permits otherwise. A copy must generally be served as soon as practicable after filing and at least three days before the court deals with the application, unless a different time limit applies.
Without-notice applications are exceptional. They may be appropriate in some urgent or sensitive situations, but they carry particular duties and risks. A litigant in person should be cautious before making an application without telling the other side.
Evidence and draft orders
An application is not strengthened by assertion alone. If the court is being asked to act on disputed facts, procedural history or urgency, the application should usually be supported by evidence.
That evidence may be contained in a witness statement, a statement of truth on the application notice, exhibits, correspondence, previous orders, proof of service, medical evidence, expert material or a short chronology. What matters is that the evidence supports the order being requested.
Useful evidence may include
- the current court order or timetable;
- the missed or disputed deadline;
- correspondence showing attempts to agree the issue;
- documents proving why the order is needed;
- a short explanation of delay, urgency or prejudice.
A draft order should usually avoid
- argumentative language;
- personal criticism of the other party;
- unclear deadlines;
- orders the court has no power to make;
- requests wider than the evidence justifies.
If you are asking for relief from sanctions, the application must be supported by evidence. The evidence should address what happened, why it happened, how promptly the application was made, what has been done to remedy the default, and why granting relief would allow the case to proceed justly and proportionately.
If you are asking to change a trial date or hearing date, the justification must be clear. The court will usually want to know why the change is necessary, whether the issue could have been addressed earlier, whether the other side agrees, what prejudice will be caused, and whether the trial window or hearing can realistically be preserved.
Fees, costs and risk
Interim applications usually have a fee unless an exemption or no-fee category applies. Court fees change, so the current EX50 guidance should be checked immediately before filing.
At the current published rate, a general on-notice application where no other fee is specified attracts a higher fee than an application by consent or without notice where no other fee is specified. The current EX50 guidance also states that there is no fee for an application by consent for an adjournment of a hearing if received by the court at least 14 days before the hearing date.
Fee point
Do not rely on an old fee figure saved in a draft, blog post or template. Check the current EX50 page before filing. If you may qualify for help with fees, check that route before paying.
The fee is only one part of the risk. There may also be costs consequences. If the application fails, the court may order the applicant to pay some or all of the other side’s costs of the application. Even if the application succeeds, costs may be reserved, made costs in the case, or dealt with in another way depending on the circumstances.
Small claims, fast track, intermediate track and multi-track cases can have different costs consequences. Do not assume that being a litigant in person removes costs risk. It does not. The court may make costs orders against litigants in person where the rules and circumstances justify it.
There are also non-financial risks. A weak application can delay the case, distract from the real issues, damage credibility, disrupt a hearing date, or create an impression that the applicant is using procedure tactically rather than proportionately.
Hearing dates and sanctions
Applications affecting hearings and deadlines need particular care. CPR Part 3 gives the court wide case-management powers, including power to extend or shorten time, adjourn or bring forward a hearing, stay proceedings, consolidate claims, direct separate trials and make other directions.
Those powers are not a reason to treat court orders casually. If a rule, practice direction or court order imposes a sanction for non-compliance, the sanction takes effect unless the defaulting party obtains relief from sanctions. CPR Part 3 also limits when parties may extend time by agreement where a sanction is attached: the parties may agree a prior written extension of up to 28 days only where the rule allows it and provided the extension does not put a hearing date at risk.
Agreement is not always enough
The other party’s agreement may help, but it does not necessarily solve the procedural problem. If the requested change affects a hearing date, trial date, sanction, or court order requiring court approval, the court may still need to make the order.
If your application is late, explain why. If it could have been made earlier, explain what changed. If you need urgent relief, explain the urgency with evidence. If the application will affect the other party’s preparation, address that directly and propose practical directions to reduce prejudice.
The court’s focus is not merely whether the applicant wants more time or a different direction. It is whether the order sought is justified, fair, proportionate and consistent with the efficient conduct of the litigation.
Practical checklist
Before making an interim application, pause and test it. A well-prepared application is not simply a completed form. It is a procedural request with a clear purpose, evidence and realistic appreciation of risk.
Before filing
- Identify the exact order you want.
- Check the current court order and relevant deadline.
- Consider whether the issue can be agreed.
- Keep records of attempts to resolve the point.
- Check whether a court fee or help-with-fees application applies.
When drafting
- Use plain English.
- Explain briefly why the order is needed.
- Attach supporting evidence where required.
- Include a clear draft order where appropriate.
- Address delay, prejudice and proportionality.
Before service
- Check whether the application must be served on the other party.
- Include the application notice, evidence and draft order.
- Check the required notice period.
- Keep proof of service.
- Make sure all documents are paginated and legible.
Before the hearing
- Prepare a short chronology.
- Know the order you are asking for.
- Know the evidence you rely on.
- Prepare for costs arguments.
- Be ready to explain why the order helps the case progress fairly.
Where to get help
A litigant in person may be able to get help from advice organisations, court support services, pro bono clinics, legal advice centres or a solicitor offering limited-scope advice. The availability of help will depend on location, eligibility, urgency and the nature of the case.
Practical support can be valuable even where full representation is not available. Help may include checking which form to use, understanding a court order, preparing a chronology, organising evidence, considering costs risk, or deciding whether the application is necessary at all.
Where the application concerns limitation, relief from sanctions, strike-out, summary judgment, injunctions, expert evidence, trial adjournment, confidential material or a costs order, specific legal advice should be considered before filing.
The central discipline is simple: do not make an interim application because the case feels difficult. Make it because there is a specific order the court needs to consider, supported by evidence, at the right time, for a proportionate procedural purpose.