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Home » Answers Hub » Petition proof of service

What proof of service does the court require for a winding-up petition?

The short answer

A certificate of service complying with paragraph 6 of Schedule 4 to the Insolvency Rules 2016. It must identify the petition, state the court and case details, and set out the manner, date, time and place of service, and it is filed at court before the hearing. Because petitions are usually served by a process server, the server provides the certificate.

What a compliant certificate contains

The certificate verifies precisely how service was effected against the methods Schedule 4 permits: to whom the petition was handed at the registered office and what that person acknowledged, or how and where it was deposited, or which fallback was used and why service at the registered office was not practicable. Vague certificates are a recognised source of adjournments; specific ones, naming the recipient, quoting the acknowledgment and timing the attendance, close the issue.

Substituted and court ordered service

Where the court has ordered an alternative method because none of the standard routes was practicable, the certificate must exhibit the order and confirm exact compliance with its terms. The application for such an order is itself built on the server’s evidence of attempts, which is why the same firm handling attempts, application evidence and final service keeps the chain tidy.

Bankruptcy petitions compared

Bankruptcy petitions against individuals require personal service, verified by a certificate of personal service identifying the debtor, and where the debtor evades service the court may order substituted service on evidence of the attempts made. Our answer on debtors who avoid bankruptcy petition service sets out how that evidence is assembled.

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    This page provides general information about the law and practice in England and Wales and is not legal advice. Rules change and individual circumstances vary; always take advice from a solicitor on your specific situation. Prices shown are indicative, exclusive of VAT and confirmed in writing before any work begins.