header-logo header-logo

17 February 2017
Issue: 7734 / Categories: Case law , Judicial line , In Court
printer mail-detail

The bailiff is not for hire

Is the court entitled to refuse a request for bailiff service of proceedings where the prescribed fee has been paid or there is an entitlement to fee remission?

In general, it is a matter for the court’s discretion and bailiff service will usually be declined if not requested by a litigant in person. The FPR at PD6A, para 11.4 expressly provide in relation to service of applications for matrimonial and civil partnership orders that a request will rarely be granted where the party is legally represented and that it will be necessary for the representative to show why service by bailiff is required rather than by process server. A similar approach to that applying in family business can be expected in civil business with the CPR not granting any specific right to bailiff service except for Pt 71 orders to attend court for questioning (see PD71, para 3). The fee for bailiff service is £110 unless the requesting party obtains remission (help with fees). Bailiff service is unsuccessful? The fee is lost.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll