Tips and Tricks – Application Statements

For many years my interim advocacy in respect of my own cases as a fee earner. This meant that I put the application together, I filed/served it and then attended the hearing. 

When I started to build my advocacy practice, I noticed that there was a wide range of preferences in style and form, but I also noticed that some applications lacked the very evidence needed for the application. It is very easy for litigators to forget that the advocate attending can be told something about the case but unless that advocate has evidence of that point before the Court, they cannot rely on it.

A good application may either lead to another party consenting or the application succeeding, a not so good application could lead to a missed opportunity or the application failing. I have considered tips and tricks that may either remind litigators or bring matters to their attention that they may not have thought about.

Use an application statement rather than the evidence box in the N244

It is sometimes very rare that the information needed for the application will fit into the evidence box in the N244. What I see often is a very brief explanation with the final sentence being something on the lines of “see attached evidence”.

It can be very difficult to follow an application when the relevance of a document is not alluded to in the application. Firstly, for the Judge considering the application (because they have the power under CPR to deal with the application without a hearing) needs to understand your application and the purpose of the evidence you are exhibiting to your N244. Secondly, the third party because if the evidence (or the relevance of the evidence) is unclear, it may lead to a hearing unnecessarily. Thirdly, your advocate needs to know the purpose of the evidence. Although most documents will be clear on the face of it what it is for and why it is being relied on, I’ve had many occasions where I’ve sought clarification and the reason it was annexed had nothing to do with what was said in the N244 to find it was a usual document.

I would always suggest that a template witness statement for applications is kept, but with only the technical elements (headings, statement of truth, exhibit cover sheets, the first few paragraphs explaining the fee earner’s name, occupation and the purpose of the statement). This will save some time in the drafting process, but leaving content relevant to specific types of applications can easily lead to complacency, with incorrect precedents being left in or unamended. 

Even if the content you intend to put into your statement is short, it will allow you to include it in a clear and concise manner, but with the ability to structure it and reference to the relevant evidence. It is very easy to fil the evidence box in an N244, even when being concise. 

Refer to relevant evidence in the application statement 

If the statement and evidence is placed into a paginated bundle ahead of the hearing (which is ought to be) then an advocate can refer to the relevant evidence by page number. This does not mean that it is sensible to simply annex evidence without specific reference. Some application hearings are listed for relatively short periods of time and many judges (where they can) will conduct pre-reading. If you do not specifically refer to evidence when making a point in the statement, it is likely that when the Judge comes to reading the evidence they would have forgotten the point. 

Using a signpost to evidence will allow the Judge (or even the third party) to quickly identify the evidence you refer to and can see it is evidenced. It is unsurprising that a single page within 40-50 pages annexed to a witness statement could be overlooked.

The easiest approach is to make a point and then refer to an exhibit number. Using a cover sheet for each exhibit may be time consuming but it makes the application easier to follow.

Remember the application statement is for evidence, so don’t forget to include it

It does not mean that an application statement cannot have submissions contained within it (the issue is usually when evidence of fact at trial includes opinion or submissions) and in fact it can help structure an application statement. Using a relief from sanction application as an example, it much easier if you structure your statement around the Denton test, rather than just regurgitating facts and evidence. 

What I’ve seen quite often is, however, that a fee earner will (using relief from sanction again as an example) refer to the Denton test and say that their client will be prejudiced because of A, B & C. They will refer to the fact that stage 2 requires the Court to consider why the breach occurred, but then give no explanation or evidence to allow the Court to know why the breach actually occurred. 

Even if it is your instructions to concede a point, it may still be relevant evidence the court needs to take into account. In cases of relief from sanction, an explanation for why the breach occurred may be insufficient to justify relief but may be extremely important in conjunction with everything else when the court considers ‘all the circumstances’ at stage 3. 

You may be surprised how often I am instructed to attend the application hearing and the crucial evidence is not referred to nor attached.  

You do not have to exhibit every piece of evidence to your application statement, but there are times where you should.

In some cases I’ve seen no evidence annexed to an application statement. In other cases I’ve seen everything and the kitchen sink attached. In the latter, it is usually the case that about 5-10% is even referred to in the application and sometimes less than this in the submissions/hearing itself.

Understandably a litigator may want to ensure they have the ‘belt and braces’ approach. There made certain circumstances where you will need to include evidence even if you do not think it is relevant.

The circumstances where you won’t have to exhibit evidence (even if referred to) is when:-

• The application is listed for a hearing and you advised that the evidence will be included in a bundle before the Court (this helps to avoid both parties duplicating evidence)
• Pleadings/court Orders (they can be referred to and included in the bundle, but it is unnecessary save for a specific paragraph that needs to be relied on)
• Where you application is in response to the other party’s application and they have either referred to that document (and said document is not controversial) or have already annexed it to theirs (there is no point in adding the document again, simply refer to it.

The circumstances where you ought to exhibit evidence is when:-

• It is evidence that has not been disclosed (or is part of disclosure, such as evidence that a witness cannot attend trial)
• It is vital that the Court sees the document in relation to your point
• That evidence controverts what another party says

Remember the golden rule that all correspondence (save for those made without prejudice) can be put before the court. You can refer to correspondence specifically and include copies in a bundle for the hearing. However you might still feel you should include any specifically relevant ones, but you ought to keep it to those correspondences that are specifically relevant to the points/arguments that your application raises.

Brief but relevant chronologies assist 

Many applications turn on what happened and when. Drafting a witness statement in chronological order of events is extremely important because what you do not want to do (if possible) is dart around in time if the timing of events is relevance and crucial to the application.

If your statement is to be structed around submissions (like with relief applications) then a brief, bullet point chronology at the start of the application witness statement (after setting out the purpose of the application) can be the best way to know the reader will be aware of what happened and when before considering the basis of the application (and the evidence in support).

Respondent witness statements are often overlooked

I have received many application instructions where I am asked to challenge the other party’s application and the instructions state an opposing view based on facts. In a handful of those cases, those instructing have not filed/served a witness statement in response and therefore have not provided evidence to justify the submissions they wished me to make.

CPR PD32A para 9.4 says “Where a respondent to an application wishes to rely on evidence which has not yet been served he should serve it as soon as possible and in any event in accordance with any directions the court may have given.”

Sometimes there are no deadlines but if I am instructed late and I raise the issue of lack of evidence as a respondent, even if those instructing prepare a statement promptly, there is always the potential issue that it does not make it to the Judge in time.

It is always sensible to prepare a respondent’s witness statement and it is always sensible to do it promptly after the application. If the Application includes evidence you intend to rely on, there is no need to adduce it again. Just refer to it being in the application (and describe where, such as a page number or exhibit reference).

Judges can get quite irritated when they read through a hearing bundle to find opposing witness statements with the same documentation attached.

Remember, your ability to e-file an application is dependent on the number of page

This will lead on to another future tips and tricks (how to ensure you can e-file an application without compromising the quality of the application) but having an unnecessary number of exhibits etc. can result in no alternative but to post an application (which can be slower and creates additional work, including having to print three copies of the application).

It does make me smile when fee earners attached three copies of their PDF application (when one is enough for the Court to print three times). You ought to not compromise an application simply to make it possible to e-file the same, but think about whether you truly need that documents to be relied on? Has it already been filed with the Court? Is it correspondence that could be included in the hearing bundle if expressly referred to?

Information

AJH Advocacy Limited, a Limited Company which is regulated by the Bar Standards Boards (entity number 190758), ceases trading on the 12th January 2026.

From the 12th January 2026 and onwards, Alec Hancock will practice as a Barrister at Magdalen Chambers in Exeter. For instructions on matters on or after 12th January 2026, please contact Magdalen Chambers via clerks@magdalenchambers.co.uk or by telephone on 01392 285 200.