The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
There is no requirement for the claimant to file a certificate of service where the court has served the claim form. As to who is to serve the claim form, see Practice Note: Service of the claim form in the jurisdiction or EEA—Who is to serve the claim form? (CPR 6.4).
Where the court serves a claim form, it will send the claimant a notice stating the date on which the claim form was deemed to have been served (CPR 6.17(1)). If the claim form is returned to the court it will advise the claimant of this, see Practice Note: Service of the claim form in the jurisdiction or EEA—Notice of outcome of postal service by the court (CPR 6.18).
A certificate of service is required for a claim form. However, it is not required for any other document, as confirmed by the Court of Appeal in Henriksen v Pires.
Where a compliant certificate of service is filed, this is sufficient evidence for the purposes of applying for a default judgment if the defendant does not respond to the claim (CPR PD 12, para 4.1).
A claim form may be served by the court or the claimant. In cases in
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