Interim Applications in Civil Court Cases

What is an Interim Application?

• Request to court after claim start, before trial
• Common reasons:
  • Amend claim
  • Include new witness/expert evidence
  • Request action from other party
• Use only when necessary – courts prefer parties to resolve issues without court intervention
• Court fees: £321 for an application on notice, £126 by consent or without notice (where no other fee is specified)

Before Making an Application

1. Try informal communication with other party
2. Attempt to agree on changes (if applicable)
3. Consider consent order if both parties agree
4. Keep records of all communication attempts
5. Be aware of 28-day extension limit for most case management steps
6. Note: Changes to pre-trial checklist date or trial date always require court application

How to Make an Application

1. Use Form N244 (Application Notice)
2. Write in plain English – no legal jargon needed
3. Pay required court fee (see Form EX50 for fees)
4. Lower fee for applications by consent
5. No fee for agreed trial postponement if requested 14+ days before hearing
6. Be prepared to justify your request, especially for trial date changes
7. Provide supporting evidence if applicable

Cost Implications

• Always cost consequences for applications
• If application fails, usually pay other side’s costs
• Applications by consent typically result in:
  • 1. Only paying own costs, or
  • 2. Paying reduced costs of other side
• Refer to rule 44.2 of the General Rules about Costs (CPR Part 44) for common cost orders and their effects
• Consider potential costs before applying