Your N244 Application Was Refused
If the court has rejected your N244 application notice, you need to understand the reasons, consider whether you can appeal under CPR Part 52, or make a fresh application if the circumstances have materially changed.
Quick Answer
Read the court's written reasons carefully — a refusal on paper can often be renewed at an oral hearing. If the judge dismissed the application after a hearing, you may appeal under CPR Part 52, but leave is usually required and time limits are strict. A fresh N244 is possible if you have new evidence or the underlying facts have changed since the original application.
Full Explanation
A Form N244 application notice is the standard mechanism for applying to the court for an order during ongoing proceedings. When an application is refused — whether on the papers or after a hearing — the first step is always to obtain the court's written reasons. Under CPR r.23.4 and the overriding objective, courts are required to explain their decisions, and the reasons will usually reveal whether the refusal was on procedural grounds, on the merits, or because of insufficient evidence.
Where a judge has refused an application on the papers without a hearing, you ordinarily have the right under CPR r.23.8 to request that the matter be reconsidered at an oral hearing. This is not a formal appeal — it is a reconsideration by a judge, often a different one, and you can supplement your evidence at that stage. You must usually make this request within seven days of receiving the order.
If the application was refused after a full hearing, you will need permission to appeal under CPR Part 52. The appeal must generally be filed within 21 days of the order (CPR r.52.12). Appeals from District Judges go to a Circuit Judge; appeals from Circuit Judges go to a High Court Judge. The appeal court will only interfere if the lower court was wrong on a question of law, made an error of principle, or reached a decision that was plainly wrong.
A fresh N244 application — distinct from an appeal — is permissible where there has been a material change of circumstances or where you have new evidence that was not available at the time of the original application. Courts are alert to parties trying to re-litigate a refused application without genuine new material, and an abuse of process argument may be raised against you if there is no genuine change.
Always consider the costs implications. A refused application that is renewed or appealed unsuccessfully will typically attract an adverse costs order. Before incurring further expense, take legal advice on the realistic prospects of success.
Legal Basis
- §CPR Part 23 — General Rules about Applications for Court Orders
- §CPR r.23.8 — Applications made without notice or on the papers
- §CPR Part 52 — Appeals
- §CPR r.52.12 — Appellant's notice
What To Do
Obtain the Court's Written Reasons
Contact the court office and request a copy of the judge's written reasons or the endorsed order. These will tell you the basis for refusal — procedural defect, lack of evidence, or substantive merits — and will guide your next step.
Check Whether You Can Request an Oral Hearing
If the application was decided on the papers without a hearing, consider applying for reconsideration at an oral hearing under CPR r.23.8. You must usually do this within seven days of the order. Prepare supplementary evidence if needed.
Consider an Appeal Under CPR Part 52
If the refusal followed a hearing, file an appellant's notice (Form N161) within 21 days. You will need permission to appeal and must identify a ground of appeal — wrong in law, error of principle, or plainly wrong on the facts. Seek legal advice on the prospects before incurring appeal costs.
Assess Whether a Fresh Application Is Appropriate
A fresh N244 is appropriate only if there is a material change of circumstances or genuinely new evidence. Draft the new application carefully, explicitly explaining what is new and why it was not available before. Attaching a supporting witness statement is essential.
Consider Costs Implications
A refused application will usually result in an adverse costs order. Before proceeding, assess whether the costs of pursuing the application further are proportionate to the value or importance of the remedy sought.
Important Deadlines
Important Warnings
The 21-day time limit for filing an appeal is strict — missing it will usually require a separate application for an extension, which the court may refuse.
Repeatedly re-applying for the same order without new material risks an unless order or a civil restraint order being made against you.
Paying a costs order while pursuing an appeal does not prejudice the appeal — delay in paying may, however, be taken into account by the court.