Instructing messengers-at-arms and sheriff officers

Prescribed Fees

 

Advice & Assistance Not applicable
ABWOR  

Schedule 3, Part I

 

3(iii)
Legal Aid  

Schedule 1A, Part 1 – summary and solemn

 

3(c)

Where you instruct the service of a document by way of messengers-at-arms or sheriff officers a standard fee is payable regardless of the length of the instruction.

It is not paid per page and any claim made in excess of the prescribed fee will be disallowed.

Examining execution and settling fee

The fee also covers the:

  • reading the execution report confirming whether or not service has been made; and
  • communication from you settling the fee.

Use of messengers-at-arms and sheriff officers

You should only instruct service by way messengers-at-arms or sheriff officers where this is absolutely necessary.

Postal service should always be used, wherever possible, due regard being had to economy.

It should be apparent from your account why it was considered necessary to instruct messengers-at-arms or sheriff officers.

If service is instructed due to an oversight on your behalf to serve the document timeously by postal service then the fee will be disallowed.

Certain types of document will however routinely require service by way of messengers-at-arms or sheriff officer (such as, the citation of an obstructive/reluctant witness).

Advice and Assistance

There is no equivalent “service” fee as this constitutes representation.

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