I was keen on e-filling before COVID. The ability to file an application electronically several years ago was a limited luxury that only some Courts would entertain.
It is still the case that most courts will not accept any document over a certain size or over 50 pages.
I know that some applications are urgent and, more importantly, having to print, compile and post an application is time that you and/or yours staff are wasting which could be used to undertake something else more productive.
This post addresses the tips and tricks fee earners should consider when they are filling an application electronically.
You do not have to file three copies of the application if you are e-filling
I’ve seen this in both in my advocacy cases and in my litigation cases. Many fall into the trap of following the same procedure of preparing an application, to be filed at Court, one needs to file three copies.
The reason this occurs is because when a hard copy is filed with the Court, they require three copies; one for the Court file, one to be serve on the Respondent and a sealed copy to be returned.
There is no need to attach three PDFs of the application to your email. If the Court needs to print the application more than once, they can just use the single PDF you’ve attached. Adding three of the same PDF will simply increase your page and mb usage that will make the difference between the Court accepting the application or advising you to post a hard copy.
Determine whether you are asking of the application to be dealt with on paper or at a hearing
There are some applications that can easily (and should) be dealt with on paper. It is at the discretion of the Court (in accordance with CPR 23.8) as to whether an application should be dealt with without a hearing. If an application is unlikely to be dealt with on paper (or you will be seeking a hearing to determine the same) then this will alter how you should prepare your application.
If to be dealt with on paper, be concise in your application statement to save pages for evidence
I previous wrote a post about application statements and how it was my view that using the N244 box is not as useful as preparing a witness statement.
If you want the Court to deal with the application on paper (and to file it electronically) you application must include the evidence in support. You do not have the luxury of referring to said evidence and advising that such evidence will be included in the hearing bundle.
If the hearing is to be dealt with at a hearing, ensure the most important evidence is attached first
If you intend to rely on correspondences between the parties, you do not necessarily have to include it in the application. Your statement can refer to the time/date/recipient/correspondence type and explain what it says.
I would always start the applications statement by stating you intend to attach the most important documents and, where documents are referred to or referenced but not attached, those documents will be included in a bundle.
The documents that must be attached are those which the other party may not have or not seen (for whatever reason, notwithstanding a party’s ongoing duty to disclose).
If you have doubts and cannot limit it to 50 pages or the file size, then send it by post.
Reduce the file size of the PDF
Not only will the court not accept a large PDF made up of MBs of information, certain email providers will have a limited attachment value.
PDF software such as Adobe, Nitro etc can reduce the file size of your PDF without compromising the quality. It can make such a vast difference and the difference between being able to file an application by email for not.
Save your pagination and OCR for the hearing bundle.
The OCR (Optical Character Recognition) is what allows someone to search a PDF for text. Judges love this and so do advocates. However, save that for the hearing bundle.
The same goes for pagination. It is likely you will need to include further documents (subsequent correspondence post application, the Respondent’s documents/statement and so forth).
Copy the Respondent in (providing the accept service by email)
Copying in the Respondent will ensure you do not overlook serving a copy (although the Court will not doubt serve one) and it saves in having to print a separate copy for Respondent for service.
You would think post COVID everyone would be on board for email service, but many expressly prohibit it.
Paying by PbA avoid issues
If you file by email without a PbA then you are most likely going to be called to take payment over the phone or asked to file a copy with a cheque.
You do not have to do a covering letter, your email is your covering letter.
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.