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.
