Act of Sederunt (Fees of Sheriff Officers) 2011
In January, the complex 3 band system previously used to calculate Sheriff Officers’ fees was scrapped in favour of a unified banding system. Now all Sheriff Officer work will be charged at the same rate, with an exception for services performed in ‘remote rural areas’ (a settlement with a population of less than 3,000 people and with a drive time of over 30mins to a settlement with a population of 10,000 people) where there will be a 30% surcharge.
In addition, for certain procedures, such as service, inhibitions, interdicts and arrestment of vessels, aircraft and cargo, where the value of the action is over £100,000, a surcharge of 0.01% will be applied to the additional figure.
This can have a large effect on Sheriff Officer fees. For example:-
- Serving a writ worth £100,000 (at a non rural location), will cost £74.60 + VAT = £88.80
- Serving a writ worth £150,000 (at a non rural location), will cost £74.60 + surcharge (£50,000 X 0.01% = £500) + VAT = £689.52
The cost implications of this review structure are, on the whole, not significant. Some procedures will be more expensive, some less. The fees are set by statute and are non-negotiable with no discounting allowed. The new system will provide certainty in fees.
For more information, please contact Martin Sinclair or Andrew Smith.
To download a copy of the fee table, please click here.