A claimant who has commenced a money claim on line may subsequently serve the particulars of claim but CPR PD 7E.11 requires the filing of a certificate of service of those particulars in form B215 within 14 days of service being effected. Why do the CPR or PD 7E not provide for the particulars of claim to be filed before judgment can be entered?
If the online claim form provided perfectly adequate and compliant particulars but went on to say that detailed particulars were to follow, would the defendant still be entitled to refrain from filing a defence until after those detailed particulars had been served? There is a case for the claimant to be required to file the particulars as well as the certificate so as to reduce the risk of a default judgment being entered when the particulars have not, in fact, been served. As things presently stand, it is possible for the claimant to state on the claim form that the particulars will follow and then proceed to procure a default judgment purely on the strength of a false certificate.
