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17 February 2017
Issue: 7734 / Categories: Case law , Judicial line , In Court
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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.

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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