An application is how you ask a court to do something or authorise something. 

An interim application is an application you make at any time after you start your claim and before the trial. 

You may need to make an interim application during your court proceedings if you need to:

• amend your claim, (for example, if you made a big mistake on your claim form or the outcome you said you wanted), or
• rely on witness or expert evidence which has not already been authorised by the court, or
• if you want the court to make the other side do something, such as share documents which they are refusing to give you. 

Although an interim application may be necessary in some circumstances, the courts encourage the different sides to sort out problems themselves without going back to the court to resolve them. 

It’s fine to contact the other side or their solicitor (if they have one) outside of the court process. 

You should try informal pressure, for example, phoning or emailing them to explain what the problem is and your suggested solution. If you phone them, follow this up with a letter.  
 

The amount varies depending on what type of application you make. For most applications made during a case, the fee will be £313. However, if the other side agrees to whatever you are asking the court for (in which case it is an “interim application by consent”), you will only have to pay a smaller fee. Currently, applications by consent cost £123.

The only time you don’t have to pay a fee for an interim application is if the claimant and the defendant agree to apply to the court to adjourn (postpone) any hearing and the court receives their consent application at least 14 days before the date of the hearing.
 

There may be circumstances where applying for an interim order is unavoidable - for example, if you realise you have made a serious mistake in your claim form. Even then, the other side may agree to the changes you want to make. 

If they do, you can apply for a consent order which will make things easier, because the court probably won’t need a hearing before they make a decision.

‘Applications by consent’ (which means applications all sides agree to) require a much smaller fee. 
 

If you are thinking about applying to postpone the hearing date (or ‘adjourn’ as lawyers would say), bear in mind that once a court has fixed a trial date, it prefers not to change it if possible as this is a waste of resources. So, the court may not agree to a postponement, even if both of you want it. 

The court also won’t allow a postponement because of a failure to comply with the order for directions, except in the most exceptional circumstances. 

If you apply to postpone, you will need to give very good reasons. 

For example, saying 'I am scheduled to have an operation four weeks before trial and been told I will need six weeks bedrest’ (with a copy of the notification from the hospital attached) may get you a postponement. 

Saying 'Not enough time to prepare' won't.

If you agree with the other side and the court receives the consent application at least 14 days before the date of the hearing, you won’t have to pay a court fee. 
 

Apply in writing using the N244 (an ‘Application Notice’).

Don’t try to use legal language - plain English is fine.

If you are the one making the application, pay the court fee or apply for help with fees.

Find more information about court fees in Form EX50 (including Welsh language and large print versions).
 

How do you ask the judge to delay the hearing in a small claim?

You need to make an interim application using form N244. If the other side agrees and you apply more than 14 days before the hearing, you will not have to pay. All other interim applications are quite expensive, but sometimes you won’t need one. You can simply agree with the other side to extend deadlines for case management steps by up to 28 days, as long as this does not put at risk any hearing date. 
 

If you are still unsure about making an interim application, you may want to seek some further legal advice. It is difficult to get free or low-cost legal advice, but we show you where to try in How to find free advice about your civil case. 
 

Application by consent 

An application that all sides involved in a court case agree to. The fee for these is generally much lower. 

Contempt of court

This is showing disrespect to the court, perhaps by lying or not following the judge's orders. It is punishable by a fine or even time in prison.

Directions 

Instructions from the court on how a case will be dealt with.

Disclose 

showing relevant evidence to the other party.

Interim application 

An application made at any time after you start your claim and before the trial.

Disclaimer

The information in this guide applies to England and Wales only. The law may be different if you live in Scotland or Northern Ireland. The law is complicated. We have simplified things in this guide. Please don’t rely on this guide as a complete statement of the law. We recommend you try and get advice from the sources we have suggested.

The cases we refer to are not always real but show a typical situation. We have included them to help you think about how to deal with your own situation.

Acknowledgements

This guide was produced and updated by Advicenow with additional material from Laura Bee. We would like to thank everyone who commented on the guide including editorial teams at Thomson Reuters who kindly peer reviewed this updated version.

This update was funded thanks to the Ministry of Justice via the Online Support and Advice Grant.