Failure by a solicitor to provide the s198L(2) certificate (now s347 of the Legal Profession Act 2004) when filing originating process does not render the proceedings void ab initio. The breach can be cured by subsequent filing of the certificate. However, proceedings may be struck out or stayed if the default continues after being brought to the defaulter's attention. The appropriate remedy for a defendant is to apply for a stay until the certificate is filed, not to seek to have the proceedings struck out as a nullity.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.