From Monday 23 January 2012 the way in which Sheriff Officers fees are calculated is changing. This update details the cost implications for service of court documents, enforcement of decrees and evictions.

Service of certain documents upon defenders in court actions is required by to be carried out by Sheriff Officers (in the Sheriff Court), or Messengers At Arms (in the Court of Session).

The fees chargeable by the Sheriff Officers and Messengers at Arms are set by statute, and are therefore non-negotiable. These fees are reviewed regularly, and a new and different fee structure will come into force on Monday 23 January 2012.

The cost implications of this reviewed structure are, on the whole, not significant. Some procedures will be more expensive, and some less expensive. The new structure does provide more certainty in relation to fees.

Surcharge for high value actions

For certain procedures, where the value of the sum sued for in the action is over £100,000 a surcharge of 0.01% of the value of the action will be applied. The procedures affected by the surcharge are: service, inhibitions, interdicts and arrestment of vessels, aircraft and cargo. “Service” means service or intimation of any document under a rule of court or an order of the court and includes accepting instructions, preparation, postage and service or intimation of any ancillary form or other ancillary document.

For example:

• serving an initial writ in a payment action worth £50,000 on one defender (at a non rural location), will cost £74.60 + VAT
• serving an initial writ in a payment action worth £100,100, on the same defender, will cost £84.61 (£100,100 @ 0.01% + £74.60)

Change to banding system

The current banding system based on distance, with higher charges for more distant locations is to be replaced with a unified banding system.

To compensate for the loss of revenue from the use of the existing three tiers, an additional 30% of the set fees will be charged for services within a "remote rural area" which is defined by the Scottish Government as "a settlement with a population of less than 3,000 people, and with a drive time of over 30 minutes to a settlement with a population of 10,000 people or more". A list of which postcodes fall under the category of "remote rural location" is available which will assist in identifying whether service is to be effected in a remote area in advance.

An outline of the new costs for service is provided below:
 

• 1 person at a rural location: £96.98 (inc VAT £116.34), previous costs (excl VAT) for this could have been £71.85 or £93.65
• 2 people at different rural locations: £193.96 (inc VAT £232.75) previous cost (excl VAT) of £187.30
• 2 people at the same rural location: £113.83 (including VAT £136.60) previous cost (excl VAT) £109.90
• 1 person at rural location, 1 person at non rural location: £96.98 + £74.60 = £171.58 (inc VAT £205.90), previous costs could have been (excl VAT) £120.65, £142.45 or £165.50
• 1 person at a non rural location: £74.60 (inc VAT £89.52), previous costs for this could have been £48.80 or £71.85
• 2 people at different non rural locations: £149.20 (inc VAT £179.04), previous costs under this category could have been (excl VAT) £97.60, £120.65 or £143.70
• 2 people at the same non rural location: £91.45 (inc VAT £109.74), previous costs under this category could have been (excl VAT) £97.60 or £143.70

Evictions

The fee for carrying out an ejection is increased by only 3.8%, in line with inflation, to £117.20.

Service on additional persons may be required. This will only cost an additional £16.85 per additional person, if they are resident at the same address as another party upon whom service is to be effected. Where they are resident at a different address, (e.g. a heritable creditor), costs will be more, depending on the location.

Further information

If you require further information on this subject please contact Claire Martin, senior associate or Lindsay Robertson, solicitor.

This bulletin is for general information only and does not constitute legal, investment or other professional advice. Please contact us should you require advice on any particular legal issue. Anderson Strathern LLP accepts no responsibility for any loss that may arise if reliance is placed on any information or opinions expressed in this bulletin.