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Small Claims Court Affidavit Of Service for the United Kingdom

Small Claims Court Affidavit Of Service Template for England and Wales

An Affidavit of Service is a sworn legal document used in England and Wales' small claims court system that provides formal proof that legal documents have been properly served to the relevant party. It details the specific circumstances of the service, including the date, time, location, and method of delivery, as well as the identity of both the server and recipient. This document forms a crucial part of the legal record and helps ensure procedural requirements have been met under English civil procedure rules.

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What is a Small Claims Court Affidavit Of Service?

A Small Claims Court Affidavit Of Service is a fundamental document in England and Wales' civil justice system, particularly for claims under £10,000. It serves as official proof that court documents have been properly served on the relevant parties, which is essential for the progression of legal proceedings. The document must be sworn before an authorized person and includes detailed information about the service process, including when, where, and how documents were served. It's particularly important as failing to properly document service can result in delays or procedural complications in small claims proceedings.

What sections should be included in a Small Claims Court Affidavit Of Service?

1. Title and Court Information: Court name, case number, and parties involved in the case

2. Declarant Information: Full name, address, and occupation of the person making service

3. Service Details: Specific date, time, location, and method of service of documents

4. Document Description: Detailed description of all documents that were served

5. Attestation: Sworn statement of truth and signature section with witness details

What sections are optional to include in a Small Claims Court Affidavit Of Service?

1. Attempted Service Details: Section detailing any previous attempts at service, including dates and reasons for failure

2. Identification Confirmation: Details of how the recipient's identity was verified during personal service

3. Alternative Service Details: Information about alternative methods of service when standard service was not possible

What schedules should be included in a Small Claims Court Affidavit Of Service?

1. Proof of Service Photos: Photographic evidence documenting the service of documents

2. Copy of Served Documents: Copies of all documents that were served, marked as exhibits

3. Tracking Information: Delivery tracking information and confirmations for postal or courier service

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions

























Clauses


















Industries

Civil Procedure Rules (CPR) - Service Provisions: CPR Part 6 and Practice Direction 6A governing the rules for service of documents within the United Kingdom, including methods of service, proof of service, and time limits

Civil Procedure Rules (CPR) - Small Claims Track: CPR Part 27 specifically dealing with small claims procedures, including requirements for documentation and evidence in small claims cases

County Courts Act 1984: Primary legislation establishing jurisdiction of county courts and small claims track, including statutory requirements for service of documents

Civil Evidence Act 1995: Legislation governing the rules of evidence in civil proceedings, including requirements for affidavits and sworn statements in court

Oaths Act 1978: Legislation specifying requirements for properly sworn affidavits and the authority of persons who can administer oaths

County Court Rules: Specific procedural rules governing county court proceedings, including local court requirements for service and small claims procedures

Practice Directions - Small Claims: Supplementary guidelines issued by courts providing detailed instructions on small claims procedures and documentation requirements

HMCTS Guidelines: HM Courts & Tribunals Service guidelines providing practical guidance on court procedures and requirements for small claims documentation

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