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Form N244 Application Notice + Witness Statement
Draft a UK Form N244 Application Notice with a supporting Witness Statement under CPR Parts 23 and 22. The dominant use case is setting aside a default County Court Judgment (CCJ) under CPR Part 13 — applying the real-prospect test in ED&F Man Liquid Products v Patel and the promptness requirement in Pearce v Ove Arup. Also supports extend time / relief from sanctions (Denton v TH White), summary judgment, specific disclosure, strike out.
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APPLICATION NOTICE — FORM N244
County Court At Manchester · Claim No. M84CV926 · Application Date: 2026-05-22
IN THE COUNTY COURT AT MANCHESTER
AT 1 Bridge Street West, Manchester M60 9DJ
BETWEEN:
Bright Lending Ltd (the "Claimant")
and
Stephen Marcus Hartley (the "Defendant")
Claim Number: M84CV926
AT 1 Bridge Street West, Manchester M60 9DJ
BETWEEN:
Bright Lending Ltd (the "Claimant")
and
Stephen Marcus Hartley (the "Defendant")
Claim Number: M84CV926
Application by the Defendant
Date: 2026-05-22
1.
THE APPLICATION
1.1 The Applicant, Stephen Marcus Hartley (the Defendant in the above proceedings), of 14 Sycamore Drive, Didsbury, Manchester M20 6FT, applies to the court to set aside / vary the default judgment entered in this matter (CPR Part 13).
1.2 Default judgment to be set aside: entered on 2026-03-18 in the sum of £4,250.00.
1.3 Order sought:
1. The default judgment dated 18 March 2026 be SET ASIDE pursuant to CPR rule 13.3.
2. The Defendant be permitted to file a Defence within 14 days of the order.
3. Costs of and incidental to this application be reserved to the trial judge.
4. Such further or other order as the court may consider just.
1.4 Reasons for the application:
The Defendant did not receive the Claim Form (sent to a previous address from which the Defendant moved in October 2025). The Defendant only became aware of the default judgment on 5 May 2026 when a credit-file alert was received. The Defendant has a real prospect of successfully defending the claim — the alleged loan was wholly procured by fraud using the Defendant's identity (police report URN 26/MAN/CFR/4421 reported 9 May 2026). The Defendant has acted promptly since becoming aware of the judgment.
1.2 Default judgment to be set aside: entered on 2026-03-18 in the sum of £4,250.00.
1.3 Order sought:
1. The default judgment dated 18 March 2026 be SET ASIDE pursuant to CPR rule 13.3.
2. The Defendant be permitted to file a Defence within 14 days of the order.
3. Costs of and incidental to this application be reserved to the trial judge.
4. Such further or other order as the court may consider just.
1.4 Reasons for the application:
The Defendant did not receive the Claim Form (sent to a previous address from which the Defendant moved in October 2025). The Defendant only became aware of the default judgment on 5 May 2026 when a credit-file alert was received. The Defendant has a real prospect of successfully defending the claim — the alleged loan was wholly procured by fraud using the Defendant's identity (police report URN 26/MAN/CFR/4421 reported 9 May 2026). The Defendant has acted promptly since becoming aware of the judgment.
2.
STATUTORY FRAMEWORK
2.1 This application is made under CPR Part 13. 2.2 The Applicant relies on CPR rule 13.3: the Defendant has a real prospect of successfully defending the claim and/or there is some other good reason why the judgment should be set aside (the standard is "realistic" not "fanciful" — EDandF Man Liquid Products v Patel [2003] EWCA Civ 472). 2.3 The Applicant has acted promptly on becoming aware of the judgment (CPR r.13.3(2)). The supporting Witness Statement at section 4 below sets out the chronology and explains any delay. 2.4 In the alternative, the Applicant relies on CPR rule 13.2 (mandatory grounds) if applicable, namely that the whole claim was paid before judgment was entered or the claim form was not served (Akram v Adam [2004] EWCA Civ 1601).
2.2 The Applicant has complied with CPR Part 23 and Practice Direction 23A. This Application Notice is served on the other parties under CPR r.23.4 (or, where without notice, with the explanation in section 6 below).
2.2 The Applicant has complied with CPR Part 23 and Practice Direction 23A. This Application Notice is served on the other parties under CPR r.23.4 (or, where without notice, with the explanation in section 6 below).
3.
HEARING, COSTS AND FEES (N244 PRESCRIBED FIELDS)
3.1 Is a hearing required? Yes.
3.2 Hearing format: In person
3.3 Estimated time: 30 minutes
3.4 Level of judge: District Judge
3.5 Costs requested: Costs reserved
3.6 Application fee: £303.00
3.7 Draft order attached? Yes
3.8 Notice given to other side? Yes — this Application Notice is served on the other parties under CPR r.23.4(a) and the prescribed period before the hearing applies (CPR r.23.7).
3.2 Hearing format: In person
3.3 Estimated time: 30 minutes
3.4 Level of judge: District Judge
3.5 Costs requested: Costs reserved
3.6 Application fee: £303.00
3.7 Draft order attached? Yes
3.8 Notice given to other side? Yes — this Application Notice is served on the other parties under CPR r.23.4(a) and the prescribed period before the hearing applies (CPR r.23.7).
WITNESS STATEMENT
In Support Of The Application Notice Dated 2026-05-22 · CPR Part 22 + PD 22
4.
I, THE WITNESS
4.1 I, Stephen Marcus Hartley, Software Engineer, of 14 Sycamore Drive, Didsbury, Manchester M20 6FT, WILL SAY as follows. 4.2 I am the Applicant in this matter. 4.3 The matters set out in this statement are within my own knowledge save where otherwise indicated; where the source of information or belief is not my own I have identified it.
4.4 Background:
I am the Defendant in these proceedings. I make this statement in support of my application to set aside the default judgment entered against me on 18 March 2026 in the sum of £4,250.00. I have never had any dealings with Bright Lending Ltd and was not aware of the proceedings until 5 May 2026.
4.4 Background:
I am the Defendant in these proceedings. I make this statement in support of my application to set aside the default judgment entered against me on 18 March 2026 in the sum of £4,250.00. I have never had any dealings with Bright Lending Ltd and was not aware of the proceedings until 5 May 2026.
5.
FACTUAL NARRATIVE
5.1 The chronology of relevant events is:
1. In October 2025 I moved house from 9 Beech Court, Salford M5 4QB to my current address at 14 Sycamore Drive, Didsbury M20 6FT. I notified the DVLA, HMRC, my bank and my employer of the address change.
2. On a date unknown to me but believed to be in or around late February 2026, the Claim Form was served at my previous Salford address. I did not receive it and was not aware of the proceedings.
3. On 5 May 2026 I received an alert from Experian that a CCJ had been registered against my name. This was the first I knew of these proceedings.
4. The same day I obtained a copy of the Claim Form and default judgment from the court fee-payer service portal. I noted that the alleged loan was taken out in November 2025 — by which time I had moved to my current address.
5. On 6 May 2026 I instructed Heald and Co Solicitors and reported the matter to Greater Manchester Police as suspected identity fraud (URN 26/MAN/CFR/4421 dated 9 May 2026).
6. On 9 May 2026 my solicitors wrote to Bright Lending Ltd requesting the full loan-application documentation under their fraud-investigation policy. A response is awaited.
7. This application has been prepared and is being issued on 22 May 2026, within 17 days of my becoming aware of the default judgment.
5.2 The Applicant reserves the right to supplement this account on disclosure and further investigation.
1. In October 2025 I moved house from 9 Beech Court, Salford M5 4QB to my current address at 14 Sycamore Drive, Didsbury M20 6FT. I notified the DVLA, HMRC, my bank and my employer of the address change.
2. On a date unknown to me but believed to be in or around late February 2026, the Claim Form was served at my previous Salford address. I did not receive it and was not aware of the proceedings.
3. On 5 May 2026 I received an alert from Experian that a CCJ had been registered against my name. This was the first I knew of these proceedings.
4. The same day I obtained a copy of the Claim Form and default judgment from the court fee-payer service portal. I noted that the alleged loan was taken out in November 2025 — by which time I had moved to my current address.
5. On 6 May 2026 I instructed Heald and Co Solicitors and reported the matter to Greater Manchester Police as suspected identity fraud (URN 26/MAN/CFR/4421 dated 9 May 2026).
6. On 9 May 2026 my solicitors wrote to Bright Lending Ltd requesting the full loan-application documentation under their fraud-investigation policy. A response is awaited.
7. This application has been prepared and is being issued on 22 May 2026, within 17 days of my becoming aware of the default judgment.
5.2 The Applicant reserves the right to supplement this account on disclosure and further investigation.
6.
PROMPTNESS — CPR R.13.3(2)
6.1 The Applicant became aware of the default judgment on the dates and in the circumstances set out below, and made this application promptly thereafter:
I became aware of the default judgment on 5 May 2026. Between 5 May and 22 May 2026 I: (a) obtained the court file (5 May); (b) instructed solicitors (6 May); (c) reported the matter to the police (9 May); (d) corresponded with the Claimant (9 May onwards); and (e) prepared and filed this application (22 May). The 17-day period is reasonable in the circumstances and reflects active and diligent steps.
6.2 Where any period elapsed between awareness and application, this is explained in the chronology and is not due to lack of diligence. The Applicant relies on Pearce v Ove Arup Partnership [2002] EWCA Civ 1762 in support.
I became aware of the default judgment on 5 May 2026. Between 5 May and 22 May 2026 I: (a) obtained the court file (5 May); (b) instructed solicitors (6 May); (c) reported the matter to the police (9 May); (d) corresponded with the Claimant (9 May onwards); and (e) prepared and filed this application (22 May). The 17-day period is reasonable in the circumstances and reflects active and diligent steps.
6.2 Where any period elapsed between awareness and application, this is explained in the chronology and is not due to lack of diligence. The Applicant relies on Pearce v Ove Arup Partnership [2002] EWCA Civ 1762 in support.
7.
REAL PROSPECT OF SUCCESSFULLY DEFENDING — CPR R.13.3(1)(A)
7.1 The Applicant has a real prospect of successfully defending the claim. The proposed defence is summarised as follows:
The Defendant has a real prospect of successfully defending the claim on the following grounds:
(a) The alleged loan agreement of November 2025 was not entered into by me. I have never had any dealings with Bright Lending Ltd, have never applied for a loan from them, and was not at the address used in the application at the relevant time.
(b) The loan application bears the hallmarks of identity fraud — it uses an address from which I had moved more than a month before the application date.
(c) On the Defendant's case, the alleged contract is void for non-est-factum / vitiated by fraud and the Claimant has no enforceable claim against the Defendant.
(d) The Defendant has reported the matter to the police (URN 26/MAN/CFR/4421) and is in correspondence with the Claimant's fraud team. The defence is not fanciful.
7.2 The Applicant relies on the substantive defence outlined above. The "real prospect" standard does not require certainty of success — it requires more than a fanciful prospect (EDandF Man Liquid Products v Patel [2003] EWCA Civ 472).
The Defendant has a real prospect of successfully defending the claim on the following grounds:
(a) The alleged loan agreement of November 2025 was not entered into by me. I have never had any dealings with Bright Lending Ltd, have never applied for a loan from them, and was not at the address used in the application at the relevant time.
(b) The loan application bears the hallmarks of identity fraud — it uses an address from which I had moved more than a month before the application date.
(c) On the Defendant's case, the alleged contract is void for non-est-factum / vitiated by fraud and the Claimant has no enforceable claim against the Defendant.
(d) The Defendant has reported the matter to the police (URN 26/MAN/CFR/4421) and is in correspondence with the Claimant's fraud team. The defence is not fanciful.
7.2 The Applicant relies on the substantive defence outlined above. The "real prospect" standard does not require certainty of success — it requires more than a fanciful prospect (EDandF Man Liquid Products v Patel [2003] EWCA Civ 472).
8.
EXHIBITS
8.1 I rely on the following exhibits, which are produced and marked with the initials of the Witness:
SMH-1 — Copy of default judgment dated 18 March 2026 (1 page)
SMH-2 — Experian credit alert dated 5 May 2026 (2 pages)
SMH-3 — DVLA confirmation of address change dated 14 October 2025 (1 page)
SMH-4 — Tenancy agreement for 14 Sycamore Drive dated 1 October 2025 (8 pages)
SMH-5 — Greater Manchester Police crime reference URN 26/MAN/CFR/4421 dated 9 May 2026 (2 pages)
SMH-6 — Correspondence with Bright Lending fraud team 9-15 May 2026 (5 pages)
8.2 The exhibits are paginated within an indexed bundle of 19 pages, served with this Application Notice.
SMH-1 — Copy of default judgment dated 18 March 2026 (1 page)
SMH-2 — Experian credit alert dated 5 May 2026 (2 pages)
SMH-3 — DVLA confirmation of address change dated 14 October 2025 (1 page)
SMH-4 — Tenancy agreement for 14 Sycamore Drive dated 1 October 2025 (8 pages)
SMH-5 — Greater Manchester Police crime reference URN 26/MAN/CFR/4421 dated 9 May 2026 (2 pages)
SMH-6 — Correspondence with Bright Lending fraud team 9-15 May 2026 (5 pages)
8.2 The exhibits are paginated within an indexed bundle of 19 pages, served with this Application Notice.
9.
SOURCE OF INFORMATION OR BELIEF
9.1 Where the matters in this statement are not within my own knowledge, the sources of my information or belief are as follows (CPR PD 22, paragraph 1.4):
All matters in this Witness Statement are within my own knowledge save the following: (a) the date the Claim Form was served (taken from the court file); (b) the contents of the Bright Lending loan application (sight of which is awaited from the Claimant); (c) the date judgment was registered with credit reference agencies (from the Experian alert).
All matters in this Witness Statement are within my own knowledge save the following: (a) the date the Claim Form was served (taken from the court file); (b) the contents of the Bright Lending loan application (sight of which is awaited from the Claimant); (c) the date judgment was registered with credit reference agencies (from the Experian alert).
10.
STATEMENT OF TRUTH
I believe that the facts stated in this Application Notice and in the supporting Witness Statement are true. I understand that proceedings for contempt of court may be brought against any person 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 (CPR Part 22 / Practice Direction 22).
Signed: Stephen Marcus Hartley
Capacity: Defendant / Applicant
Date: 2026-05-22
Solicitor on the record: Catherine Rose Heald (Heald and Co Solicitors)
Signed: Stephen Marcus Hartley
Capacity: Defendant / Applicant
Date: 2026-05-22
Solicitor on the record: Catherine Rose Heald (Heald and Co Solicitors)
APPLICANT
2026-05-22
Date of signing
Stephen Marcus Hartley
Date: ____________________
SOLICITOR ON THE RECORD
2026-05-22
For and on behalf of the Applicant
Catherine Rose Heald — Heald and Co Solicitors
Date: ____________________
Available as a print-ready PDF or an editable Microsoft Word (.docx) file.
What Is a Form N244 Application Notice?
Form N244 is the standard UK civil-procedure form used to make an interim application in existing court proceedings. After the N1 claim form, N244 is the most-used civil court form in the United Kingdom. It is used by claimants, defendants and non-parties who need the court to make an order — typically to set aside a default judgment, extend time, vary an order, give summary judgment, order specific disclosure, strike out a statement of case, or grant relief from sanctions.
The dominant high-volume use case is setting aside a default County Court Judgment (CCJ). When a CCJ is registered against a person's name, it appears on their credit file for six years and prevents borrowing, renting and (in many cases) employment. Where the defendant never received the claim form or has a real defence, an urgent N244 application under CPR Part 13.3 is the standard remedy.
In England and Wales, the application notice is supported by a Witness Statement under CPR Part 22 and Practice Direction 22, with exhibits produced under PD 32. Together, the N244 and Witness Statement set out the order sought, the statutory framework, and the evidence on which the British court is asked to act. The application fee is £303 with notice or £132 without notice (post-6 April 2026 fees), with HwF EX160 fee remission available.
What's Covered in This Template
Our UK N244 template generates the application notice and a full supporting Witness Statement together, with statutory framework tailored to the application type.
Court & Case Details
Court name, court address, claim number — the case caption matching the existing proceedings.
Applicant Role
Claimant, Defendant, or non-party (third party / intervener) — application framing adapts to the role.
Application Type Switch
8 application types: set aside default judgment, extend time, vary order, summary judgment, specific disclosure, strike out, relief from sanctions, other. Statutory framework auto-applies.
Order Sought + Reasons
Numbered list of orders the British court is asked to make, with brief grounds. Detailed grounds go in the Witness Statement.
Hearing Required Field
Yes / no / paper consideration — with format (in-person, remote, hybrid), estimated time and judge level (DJ / CJ / HCJ).
Costs Requested
In application / in any event / reserved / no order — the costs framework that will apply if the application succeeds.
Application Fee + Remission
£303 with notice / £132 without (post-6 April 2026) with HwF EX160 fee remission tracking for qualifying applicants.
Without-Notice Justification
Where the application is made without notice to the other side, CPR r.23.4(2) / PD 23A para 3 justification framework.
Witness Statement Body (Expert)
Full WS body: witness identity (self / solicitor / employee / family), introduction, factual narrative in numbered paragraphs.
Promptness Clause (set-aside CCJ)
Dedicated CPR r.13.3(2) promptness clause — when the applicant became aware of the judgment, what steps were taken and when.
Real Prospect of Success (set-aside CCJ)
Substantive defence pleading under CPR r.13.3(1)(a) — the "realistic not fanciful" standard from ED&F Man v Patel.
Exhibits Schedule + Bundle
Initials-marked exhibits (SMH-1, SMH-2 etc.) per CPR PD 32 para 11, with indexed paginated bundle page count.
How to Create a Form N244 Application Notice
Follow these steps to draft a UK Form N244 + supporting Witness Statement.
- 1
Identify the Court and Existing Case
Enter the court name (e.g. "County Court at Manchester"), court address, claim number from the existing proceedings, and the date the application will be issued. The case caption (claimant v defendant + claim number) appears throughout the documents.
- 2
Identify Yourself and the Application Type
Enter the Applicant's name, address and role (defendant / claimant / non-party). Select the application type — set aside default judgment (the most common); extend time / relief from sanctions; vary order; summary judgment; specific disclosure; strike out; or other. The statutory framework clause auto-tailors to the selected type.
- 3
State the Order Sought and Reasons
List the orders you want the British court to make in numbered form (e.g. "1. The default judgment dated X be set aside under CPR rule 13.3. 2. The Defendant be permitted to file a Defence within 14 days."). Add a brief reasons paragraph — detailed grounds go in the Witness Statement (Expert section).
- 4
Complete the Hearing/Costs/Fees Section
Specify whether a hearing is required, the preferred format (in-person, remote, hybrid), estimated time (e.g. 30 minutes), level of judge (District Judge for most applications), costs requested (in application / reserved / no order), application fee paid (£303 with notice / £132 without), HwF EX160 fee remission, draft order attached, and whether notice has been given.
- 5
Draft the Witness Statement (Expert)
In Expert mode, draft the supporting Witness Statement: witness identity, introduction, factual narrative in chronological numbered paragraphs, source of information / belief (PD 22 para 1.4). For a set-aside CCJ application, complete the promptness clause (when did the applicant become aware? what steps were taken and when?) and the real-prospect-of-success clause (what is the substantive defence?). Add an initials-marked exhibits schedule. Sign the Statement of Truth and present to the British court.
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Reviewed by Lawrence Finch · United KingdomLegal Considerations
A UK Form N244 application is governed by the Civil Procedure Rules (CPR), with specific case-law standards for each application type.
This template is for informational purposes only and does not constitute legal advice. Consult a qualified UK solicitor for advice specific to your civil-procedure situation.
Reviewed for England & Wales civil procedure
CPR Part 23 Framework
Applications for court orders in the United Kingdom are governed by CPR Part 23 (general rules) and Practice Direction 23A. The application notice must state the order sought and the brief reasons. CPR r.23.4 sets the service-on-other-parties rule (with limited without-notice exceptions in PD 23A para 3). CPR r.23.7 fixes the minimum period of notice before a hearing. CPR PD 23A para 9 confirms that applications are supported by evidence in a witness statement, statement of case, or other affidavit form.
Set Aside Default Judgment — CPR Part 13
A British defendant against whom a default judgment has been entered may apply to set it aside under CPR Part 13. CPR r.13.2 sets out mandatory grounds — judgment must be set aside if the claim was wholly paid before judgment was entered, or the claim form was not served (Akram v Adam [2004] EWCA Civ 1601). CPR r.13.3 sets out discretionary grounds — the defendant must show (a) a real prospect of successfully defending the claim (ED&F Man Liquid Products v Patel [2003] EWCA Civ 472 — realistic not fanciful), and (b) acted promptly on becoming aware of the judgment (Pearce v Ove Arup Partnership [2002] EWCA Civ 1762). The Denton v TH White [2014] EWCA Civ 906 principles also apply by analogy.
Extend Time / Relief from Sanctions
Applications to extend time under CPR r.3.1(2)(a) or for relief from sanctions under CPR r.3.9 apply the three-stage Denton test (Denton v TH White [2014] EWCA Civ 906, refining Mitchell v News Group [2013] EWCA Civ 1537): (a) seriousness / significance of the breach; (b) reasons for the breach; (c) all the circumstances — the need for litigation to be conducted efficiently and at proportionate cost, and the need to enforce compliance with rules, practice directions and orders. The British court applies this framework rigorously.
Witness Statement — CPR Part 22 and PD 32
The supporting Witness Statement must be in the form required by CPR PD 32 — chronological numbered paragraphs, the witness's own knowledge identified, and sources of information or belief stated where not from the witness's own knowledge (PD 22 para 1.4). Exhibits are produced and marked with the witness's initials (PD 32 para 11). A signed Statement of Truth under CPR Part 22 is mandatory: false statements are punishable as contempt of court. Court fees (post-6 April 2026): £303 with notice / £132 without notice, with HwF EX160 fee remission available for qualifying applicants.
Frequently Asked Questions
Draft Your UK Form N244 Application Now
Use our free template to draft a Form N244 + supporting Witness Statement for setting aside a CCJ, extending time, summary judgment, specific disclosure or any of the 8 common UK civil-procedure application types. Statutory framework + case-law citations applied automatically.
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