When evidence should be provided when filling an N244 application notice

[register]

During a hearing the judge has given permission to the Defendant to make an application within a specific number of days.

The Defendant has filed a N244 application notice within this number of days putting some explanation in Section 10 of this form but without attaching any witness statement to it.

The court has listed a hearing during which this application will be heard.

And, a long time after the deadline the Defendant has filed a long Witness Statement.

I would like to know if this witness statement should have been attached to the N244 application notice to comply with the order of the judge to make this application within a specific number of days
I would like to know if the following information that I found out the following information in Practice Direction 23A about applications is relevant:

“2.2 Where a hearing is requested by the applicant or the court decides to hold a hearing, the court will notify the applicant of the time and date for the hearing of the application and may at the same time give directions for the filing of evidence”

“2.4 Where the Master, District Judge or other judge so decides, the court will inform the applicant and the respondent and may give directions for the filing of evidence.”

[Frank1]

My interpretation of cpr 23 is if the applicant wants the court to serve the application notice they should include the witness statement and evidence with the application.
If the applicant serves the notice they must do this as soon as is practicable and at the latest 3 clear days before the date set for the hearing.
It does seem the applicant can ambush the respondent with a late application.

[register]

During last hearing the judge gave permission to the Defendant to make an application within 28 days what the Defendant did. And, he served himself on me this application notice.

However, he waited 10 months to file and serve on me a long witness statement about this application. And, I would like to know if this is non-compliance with the order to make this application within 28 days

[Frank1]

Did the court set a date for the application hearing when it was listed?
10 months seems a long time to wait.

[register]

Yes, the application has been listed for a hearing and I am wondering if I during the hearing I can request that it is rejected because it would have been issued late because the witness statement was filed and served ten months after the 28 days deadline

[Frank1]

If you intend to dispute the application at the hearing you need to write and file and serve a Notice of Objection.
The first point of objection could be the lateness of the witness statement and evidence and how it has disadvantaged you.

[register]

I think that Section 7.1 of Practice Direction 23A requires that the witness statement is served at the same time as the N244 Application Notice because it says:

“7.1 Where it is intended to rely on evidence not contained in the application itself, the evidence should be served with the application unless it has already been served”

And Section 2.2 of Practice Direction 23A which says:

“2.2 Where a hearing is requested by the applicant or the court decides to hold a hearing, the court will notify the applicant of the time and date for the hearing of the application and may at the same time give directions for the filing of evidence”

concerns the filling of evidence which could not have been filed at the same time as the N244 Application Notice was filed maybe because the evidence was not yet known.

I would like to know if the Defendant would have to make an application for relief from sanction for having filed his witness statement 10 months after having filed his N244 Application Notice

[Frank1]

If the court has imposed sanctions on a party, then an application for relief from sanctions must be supported by evidence (cpr 3.9 (2))

[Frank1]

When the court listed the application hearing were any directions given about evidence?

[register]

As I say in my previous post the evidence i.e. the witness statement should have been served at the same time as the N244 Application Notice according to Section 7.1 of Practice Direction 23A.

And, the Defendant having not made any request to file additional evidence, the court when listing the hearing has not provided any direction concerning the filing of additional evidence

[Frank1]

Note 23A 7.1 states "should" whilst 3.9 (2) states "must"
An appellant failing to include evidence with their application for relief of sanctions is likely to receive a court order to file evidence within a short period of time or have their application struck out.