N244 CPR-18

EXAMPLE CPR-18 APPLICATION FOR SUMMARY JUDGEMENT OR DISCLOSURE

EDITABLE FILES TO SAVE INTO PDF (THE FORMAT PREFERRED BY THE COURT)

📝 INSTRUCTIONS: How to Make the Application (N244)

⚖️ Purpose of Application:

• Primary: Strike out or summary judgment because the Claimant has no valid Deed of Assignment and has failed to provide any evidence of Notice of Assignment.

• Alternative: Order for disclosure of these documents under CPR 3.1(2)(m) and CPR 27.2(1)(f).
  
  

📌 Step 1: Prepare Your Documents

1. N244 Application Notice

Complete the N244 form with:

• Section 1: Your name as the applicant (Defendant)

• Section 2: Tick “Defendant”

• Section 3:
  
  An order striking out the claim or granting summary judgment under CPR 3.4(2)(a) and/or CPR 24.2. Alternatively, an order under CPR 3.1(2)(m) and 27.2(1)(f) requiring the Claimant to disclose within 14 days: (i) the full Deed of Assignment; and (ii) proof of service of any Notice of Assignment under s136 Law of Property Act 1925.
  
  

• Section 4: Tick “Yes” (you’re attaching a supporting statement)

• Section 5: Leave blank unless urgent

• Section 6: Estimate 30 minutes for hearing

• Section 7–8: Leave blank (not requesting an injunction)

• Section 9: State the court the case is being heard in

• Section 10: Tick “at a hearing”

• Section 11: Say whether you want it heard in person or by video/audio link
  
  

2. Supporting Witness Statement

Include:

• Background of the case

• Argument: Claimant lacks standing, no valid Deed, no evidence of Notice of Assignment

• Legal basis: CPR 3.4(2)(a), CPR 24.2, CPR 3.1(2)(m), CPR 27.2(1)(f)

• Exhibits: Any correspondence proving they failed/refused to provide these documents
  
  

3. Exhibits (if any)

Label and reference them (e.g. “MG1”).

💵 Step 2: Pay the Court Fee

• Fee for N244 (as of 2025):

  • £303 if you want a hearing

  • £119 if you’re requesting it be dealt with without a hearing

Make payment online or over the phone to the court where the claim is proceeding.

📤 Step 3: File and Serve the Application

1. Send the N244, statement, and exhibits to the court where the claim is being heard.

   • You can send by email, post, or use CE-File (if permitted).

2. Serve a copy of all documents on the Claimant (or their solicitor) at the same time.

⏰ Step 4: Wait for a Hearing Date (if applicable)

• The court will issue a hearing date or deal with it on paper.

• You’ll be notified of the outcome and/or any directions.
  
  

🧠 Tips

• If the Claimant fails to respond or object, the court may order disclosure or strike out by default.

• Be ready to argue why the claim cannot succeed without these documents — proof of assignment is key to standing.

WITNESS STATEMENT

IN THE [INSERT NAME] COUNTY COURT

Claim No: [INSERT CLAIM NUMBER]

Between:

[CLAIMANT NAME]

Claimant

-and-

[DEFENDANT NAME]

Defendant

___________________________________________

WITNESS STATEMENT OF [DEFENDANT NAME]

___________________________________________

I, [DEFENDANT NAME] of [DEFENDANT ADDRESS], make this statement in support of my application dated 30 September 2025. I am the Defendant in these proceedings. The contents of this statement are true to the best of my knowledge and belief.

1. PURPOSE OF APPLICATION

1.1 This application seeks:
(a) Summary judgment pursuant to CPR 24.2 on the basis that the Claimant has no real prospect of success and there is no compelling reason for a trial;
(b) Alternatively, an order under CPR 3.1(2)(m) and CPR 27.2(1)(f) requiring the Claimant to disclose documents essential to the validity of its claim.

2. DOCUMENTS SOUGHT

2.1 The documents I request are:
(i) A complete and unredacted Deed of Assignment;
(ii) Proof of service of the Notice of Assignment, including covering letters, postal confirmations, or witness evidence.

2.2 These documents are necessary to determine whether the Claimant has legal standing to bring the claim under section 136 of the Law of Property Act 1925.

3. BACKGROUND

3.1 The Claimant alleges in the Particulars of Claim that a debt was assigned to it, but it has not produced any assignment documentation or evidence that a Notice of Assignment was served on me.

3.2 I wrote to the Claimant’s solicitors on several occasions requesting these documents. Copies of these letters are annexed as Exhibit JS1. No response or disclosure has been received.

3.3 In separate proceedings involving the same assignor and Claimant, a Deed of Assignment has been disclosed. A copy is annexed as Exhibit JS2. The standardised language in that document raises legitimate concerns as to whether an assignment actually occurred in this case.

4. LEGAL FRAMEWORK
   
   

4.1 It is established law that the burden of proving a valid legal assignment lies with the claimant. See:

• Van Lynn Developments Ltd v Pelias Construction Co Ltd [1968] 1 QB 607

• Hancock v Promontoria (Chestnut) Ltd [2020] EWCA Civ 907

• Jones v Link Financial Ltd [2012] EWHC 2402 (QB)
  
  

4.2 The Claimant must comply with section 136 of the Law of Property Act 1925, which requires an assignment in writing under the hand of the assignor and proper notice to the debtor.

4.3 In Expandable Ltd v Rubin [2008] EWCA Civ 59, Rix LJ stated:
"The general ethos of the CPR is for a more cards-on-the-table approach to litigation... If a party thinks it worthwhile to mention a document in his pleadings... the party deploying that document by its mention should in principle be prepared to be required to permit its inspection..."

4.4 Although Chapman v Credit Call Ltd (unreported, 2001) is not binding, it has been cited in County Court proceedings to support the view that the small claims track does not preclude the court from ordering disclosure where the documents are central to a fair resolution of the case.

5. CONCLUSION
   
   

5.1 The Claimant’s refusal or failure to provide documents essential to its case undermines the fairness of these proceedings. Without proof of assignment and notice, it has no standing to sue.

5.2 I respectfully ask the Court to:
(a) Grant summary judgment and strike out the claim;
(b) Alternatively, order the Claimant to provide the documents listed in paragraph 2.1 within 14 days;
(c) Award costs of this application to me.

STATEMENT OF TRUTH

I believe the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone 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.

Signed: ___________________________
[DEFENDANT NAME]
Dated: [INSERT DATE]

DRAFT ORDER

IN THE [INSERT NAME] COUNTY COURT

Claim No: [INSERT CLAIM NUMBER]

Between:

[CLAIMANT NAME]

Claimant

-and-

[DEFENDANT NAME]

Defendant

______________________________________________________________________________________________

DRAFT ORDER PURSUANT TO CPR 3.1(2)(m) AND CPR 27.2(1)(f)

___________________________________________________________________

UPON reading the Defendant’s application dated 30 September 2025 and the supporting witness statement,
AND UPON the Court being satisfied that the documents sought are central to the just disposal of the claim:

IT IS ORDERED THAT:

1. The Claimant shall, within 14 days of the date of this Order, file with the Court and serve on the Defendant:
   a. A complete and unredacted Deed of Assignment relied upon;
   b. Proof of service of the Notice of Assignment, including covering letters, postal evidence, or witness statements.
   
   

2. If the Claimant fails to comply with paragraph 1, it shall within a further 7 days provide written reasons to the Court and the Defendant and apply for further directions.
   
   

3. If the Claimant fails to comply with paragraph 1 and does not apply as set out in paragraph 2, the claim may be struck out pursuant to CPR 3.4(2)(c) or such other sanction as the Court considers just.
   
   

4. The Claimant shall pay the Defendant’s costs of this application, to be summarily assessed if not agreed.
   
   

5. This application shall be determined without a hearing under CPR 23.8(c) unless the Court directs otherwise.
   
   

Dated:

By the Court