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Messenger-at-Arms meaning

What does Messenger-at-Arms mean?
In Scottish civil practice, a messenger-at-arms is an enforcement officer who serves court documents and executes civil diligence, including enforcement of court of session decrees and warrants, throughout Scotland. The office is recognised and regulated by Scottish legislation and Acts of Sederunt; appointments are made by the lord lyon king of arms on the recommendation of the Court of Session. Key features include nationwide jurisdiction (unlike sheriff officers, who are restricted to a sheriffdom), authority to serve writs, citations and formal notices, and to execute diligences such as charge for payment, arrestment, attachment, inhibition and ejection/eviction. Messengers-at-arms act on the authority of extracts, warrants or interlocutors, and their formal certificates of service and execution are relied on by the courts in civil procedure and judgment enforcement. Use of the term is specific to Scotland. In England and Wales, Northern Ireland and Ireland, comparable functions are carried out by High Court Enforcement Officers, county court bailiffs, the Enforcement of Judgments Office or sheriffs and summons servers, but the title “messenger-at-arms” is not used.
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View the related Checklists about Messenger-at-Arms

CHECKLISTS
In-house lawyer onboarding: structured line manager meeting checklist—priorities, stakeholders, legal issues, budgets and reporting

A meeting with your line manager on your first day Setting up a meeting with your line manager on day one of your new role is strongly advisable. Although it will most likely be an initial ‘getting to know you’ chat, there are several questions you can raise to help you feel more at ease in the position. If you are the only in-house lawyer or leading an internal legal team, your line manager will typically be the CEO or Finance Director, though it could be any other director. If you are joining an existing team, your line manager may sit in a legal, regulatory or compliance function, for example: Company Secretary General Counsel Senior Solicitor Legal Director Compliance Director Alternatively, they may hold a non-legal post, such as Finance Director or CEO. In a larger team with multiple layers in the reporting structure, your line manager could be someone else within that hierarchy. This Checklist highlights the key...

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CHECKLISTS
Overage for property sellers: negotiating and drafting checklist on planning, disposal and development triggers, valuation mechanics, security, part disposals, successors and VAT

Basic terms At the outset, assess whether overage suits the transaction. Your client might be better protected by agreeing a higher purchase price or by entering into a conditional contract instead. Overage provisions can be intricate and expensive to negotiate. If overage is to be applied, consider when the seller expects or hopes to receive a further payment and how the buyer could avoid activating the overage. Ensure the overage includes clear definitions of: the overage period (note that, from 6 April 2010, the rule against perpetuities does not apply to most commercial interests and, if no overage period is specified, there is a risk the arrangement could be perpetual) the property that will be subject to the overage any individual units to be sold or constructed, making clear whether parking spaces and other ancillary areas form part of a unit for the overage calculation Include a ‘good faith’ clause, as this may help if the buyer does something unexpected to...

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CHECKLISTS
Freezing injunctions in corporate and personal insolvency: step-by-step checklist for urgent applications, evidence, model orders, undertakings, WFOs, disclosure and enforcement (England and Wales)

Introduction to freezing injunctions and scope of this checklist A freezing injunction (also known as a freezing order) is a temporary court order that prevents a respondent from disposing of or transferring its assets out of the relevant jurisdiction—namely England and Wales—or, in the case of a worldwide freezing order (WFO), from moving them anywhere in the world. The court’s principal aim in granting such relief is to preserve the respondent’s assets so that, if the applicant later obtains judgment against the respondent, there will be assets available for recovery by the applicant and, if necessary, enforcement action. This Checklist explains how to make an application for a freezing injunction where claims are contemplated or already underway in a corporate or personal insolvency context. As the precise circumstances of each matter must be assessed, this Checklist does not claim to be exhaustive; rather, it provides an overview of the key considerations at each stage when seeking an order of this kind. The focus throughout is asset preservation pending determination...

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View the related Flowcharts about Messenger-at-Arms

FLOWCHARTS
Flowchart: Lodging and Progress of Bills of Advocation in Scottish Summary Criminal Proceedings

STOP PRESS: This document is currently being updated to take account of the full implementation of the Data (Use and Access) Act 2025 (DUAA 2025), which amends both the UK GDPR and the Data Protection Act 2018. For further guidance on the compliance consequences of DUAA 2025, see Practice Note: Data (Use and Access) Act 2025—compliance implications. The UK General Data Protection Regulation (UK GDPR) grants data subjects several rights, including, among others: access to their personal data rectification erasure restriction of processing data portability a right of data subjects Individuals may ask an organisation at any time of their choosing to exercise one or more of these rights, and strict time limits and deadlines apply to responding to such requests promptly. See Practice Note: How to handle data subject requests. This Flowchart sets out a process for dealing with data subject requests made under the UK GDPR and reflects the requirements in the UK GDPR together...

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FLOWCHARTS
Data Subject Requests to Restrict Processing under the UK GDPR and DPA 2018: Practitioner Flowchart on Grounds, Exemptions, Refusals and Third-Party Notifications

This diagram mirrors HMRC’s Flowchart 4, set out at paragraph 5.24 of the Guidance Note on residence, domicile and the remittance basis (RDR1). It is for use when a taxpayer clearly plans to depart the UK in the future...

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FLOWCHARTS
Ireland: EU GDPR data subject requests-flowchart for handling access, rectification, erasure, restriction and portability, identity checks, time limits, complexity, unfounded/excessive requests, refusals, response format and temporary processing restrictions (DPC guidance)

The EU General Data Protection Regulation (EU GDPR) sets out several rights for data subjects, including the right to access their personal data, and rights to rectification, erasure, restriction of processing and data portability. Data subjects may ask an organisation to exercise one or more of these rights at any time, and strict deadlines apply to meeting such requests. For comprehensive guidance on managing data subject access requests, see Practice Note: Ireland-How to handle data subject access requests. This Flowchart outlines a process for dealing with data subject requests made under the EU GDPR. It reflects the Regulation’s requirements alongside guidance issued by the Data Protection Commissioner (DPC), and should be read with Practice Note: Ireland-How to handle data subject access requests and Ireland-Evaluating a data subject access request-flowchart, where relevant. Note 1-data subject requests The EU GDPR grants data subjects a number of rights, including: a right of access to their personal data rights to rectification, erasure and restriction of processing a...

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NEWS
Daily EU competition law round-up: General Court appeals (Teva, Red Bull, Nvidia), mergers (Liberty/Dorna, Infravia/Iliad), State aid (Croatia, Austria), Foreign Subsidies Regulation (Amcor/Berry) — 24 February 2025

Antitrust A fresh appeal has been filed before the General Court in Case T- 19/25, Teva Pharmaceutical Industries and Teva Pharmaceuticals Europe v Commission, challenging the Commission’s decision in Teva (Copaxone) (AT.40588) and requesting that the fine-imposing infringement ruling be annulled—see further, application A fresh appeal has been submitted before the General Court in Case T- 682/24, Red Bull and Others v Commission, brought against the Commission for failing to reimburse additional costs incurred due to the disproportionate prolongation of an inspection—see further, application NOTE—For all...

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NEWS
EU competition law daily: Commission probes Google’s AI use of publisher and YouTube content (Article 102 TFEU); merger clearances; State aid approvals; policy speech — 9 December 2025

Antitrust Commission launches investigation into Google’s use of publisher and YouTube content for AI training The Commission has initiated a formal competition investigation to determine whether Google has infringed Article 102 TFEU by using web publishers’ material and content uploaded to YouTube for artificial intelligence (AI) purposes on unfair terms (AT.40983). Commission’s concerns The Commission is assessing whether Google has: used web publishers’ content to produce AI-driven features on Google Search, including AI Overviews (AI-generated summaries shown above organic results) and AI Mode (a chat-style search tab), without proper remuneration and without giving publishers a meaningful way to refuse such use without risking reduced access to Google Search, and/or used YouTube material, including videos and other uploads, to train its generative AI models without compensating creators and without providing an opt-out...

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NEWS
EU competition law daily briefing: statement of objections to Meta over WhatsApp AI assistant access ban; possible interim measures; updated reform timeline; merger clearances; State aid decisions; key upcoming dates

Antitrust Commission issues SO to Meta over WhatsApp AI access limits; flags possible interim measures The Commission has delivered a statement of objections to Meta, outlining its preliminary assessment that Meta blocked third-party artificial intelligence (AI) assistants from accessing and engaging with users on WhatsApp, infringing Article 102 TFEU (AT.41034). The Commission considers that Meta’s behaviour risks preventing competitors from entering or growing in the rapidly expanding market for general-purpose AI assistants and has therefore indicated its intention to impose interim measures (subject to Meta’s rights of defence) to avoid serious and irreparable harm to competition. Background On 15 October 2025, Meta announced changes to its WhatsApp Business Solution Terms, effectively prohibiting third-party general-purpose AI assistants from the platform. Consequently, from 15 January 2026, Meta’s own assistant, Meta AI, has been the only AI assistant available on WhatsApp. On 4 December 2025, the Commission opened formal proceedings to examine whether this policy shift amounts to an abuse of dominance. The investigation covers the EEA, excluding Italy, where...

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View the related Practice Notes about Messenger-at-Arms

PRACTICE NOTES
Agricultural holdings disputes in Scotland: Scottish Land Court jurisdiction, exceptions, procedures and remedies; arbitration, mediation and appeals

For many years, virtually every disagreement about agricultural tenancies was sent to arbitration at the outset. The rationale was that questions concerning agricultural holdings often have a strong practical dimension, so arbitration was thought a more suitable forum than the courts. This reflected the earlier assumption that practical considerations predominated in such cases, making a court reference less apt back then. Over time, however, matters of considerable legal intricacy also came before arbitrators. With the enactment of the Agricultural Holdings (Scotland) Act 2003 (AH(S)A 2003), policy shifted, and the main route for resolving disputes about agricultural tenant issues is now referral to the Scottish Land Court. At the same time, arbitration procedures were streamlined, and alternative processes, eg mediation, were enabled. Although the Agricultural Holdings (Scotland) Act 1991 (AH(S)A 1991) still sets out distinct mechanisms for dispute resolution, AH(S)A 2003 has substantially reshaped them, so that the arrangements for resolving disputes under 1991 Act Tenancies are, in large part, aligned with those for 2003 Act Tenancies...

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PRACTICE NOTES
Legal due diligence reporting in UK private equity buyouts: process, scope, executive summaries, third-party reliance and drafting (including exceptions-only reports and precedent)

This Practice Note forms part of the Lexis+® UK Corporate private equity buyout transaction toolkit. The reporting process Every adviser appointed to carry out due diligence ought to flag principal findings as they emerge, particularly any significant risks or concerns, and then prepare a due diligence report to highlight material issues arising from their review work and analysis. The advisers’ engagement letters must clearly define the agreed timetable, format and scope of the due diligence report. Draft or interim reports can be produced and shared at intervals during the process, enabling material issues to be promptly addressed as they arise. Frequently, by the point the final report goes to the private equity investor, they will be aware of all material matters that could affect the transaction in question. The aim of a legal due diligence report is to: provide the investor with adequate information about the target and to summarise that material in a succinct and comprehensive ...

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PRACTICE NOTES
UK money market funds: regime essentials, authorisation, UCITS/AIFM interactions, investment and liquidity rules, CNAV/LVNAV/VNAV, and post‑Brexit reform proposals including TMPR and the Overseas Funds Regime

This Practice Note examines core aspects of the UK framework for money market funds (MMFs) that stems from Regulation (EU) 2017/1131 (the EU MMF Regulation). It also looks at suggested changes to the framework, with the Financial Conduct Authority (FCA), HM Treasury and the Bank of England (BoE) working jointly to bolster its resilience and align it with post‑Brexit regulatory objectives. For background on the EU MMF Regulation, see Practice Note: EU MMF Regulation—essentials. What is an MMF? Money market funds (MMFs) are investment funds that invest in short‑term debt instruments and so play a significant role in the short‑term financing of the economy. In particular, MMFs are open‑ended, liquid investment funds that invest in fixed income through short‑term debt, for example money market instruments issued by banks, governments or companies (including treasury bills, commercial paper and certificates of deposit) which pay interest. They therefore form an important connection between demand for, and the supply of, short‑term debt. Further information on the eligible assets of an MMF is...

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View the related Precedents about Messenger-at-Arms

PRECEDENTS
Competition law red flags for staff: cartels, abuse of dominance, RPM, territorial and customer restrictions, exclusivity, tying/bundling, predatory pricing and refusals to supply

Behaviour red flags are situations that should prompt you to probe further. Though they can be hard to spot, many scenarios can indicate the presence of anti-competitive conduct. This awareness tool highlights potential competition law warning signs, indicators, traits or behaviours to be especially alert to at all times. Even a single red flag may suggest anti-competitive conduct. 1 Cartel behaviour Any attempt to fix prices. Any attempt to engage in bid-rigging. ...

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PRECEDENTS
Insolvency Act application notice precedent to fix an office-holder’s remuneration under IR 2016 r 18.23 in liquidation or administration (England and Wales)

INSOLVENCY ACT APPLICATION NOTICE Case No: [ insert case number ]. Court: High Court (Business and Property Courts, Insolvency and Companies List (ChD)) OR Business and Property Courts in [ insert location ] OR County Court at [ insert location ] (Business and Property Work). In the matter of [ insert company’s name ] and the Insolvency Act 1986. Parties: [ Insert Applicant(s) ] v [ Insert Respondent(s) ]. Under IR 2016 r 18.23. Parties and addresses: Applicants [ names/addresses ]; Respondents [ names/addresses ]. Application relates to [ details ]. Judge: [ level ]. Venue: [ court/hearing centre ]. Ref: [ number ]. Orders sought: Fix remuneration at £[ insert sum ] plus VAT; disbursements £[ insert sum ]. Costs to be an expense of the [ liquidation/administration ]. Any further order or relief the court considers appropriate. Grounds: witness statement of [ name ], dated [ date ]. Service/notice: [ names/addresses, if any, or none ]. Address for...

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PRECEDENTS
Brief details of claim template—section 423 Insolvency Act 1986 transactions defrauding creditors: declarations, restoration directions and costs (England and Wales and Scotland)

Brief details of claim This action is brought under section 423 of the Insolvency Act 1986. The Claimant is the [ insert office held ] at [ insert name of the company ] (the Company). ...

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View the related Q&As about Messenger-at-Arms

Q&As
Employer auxiliary aid in union paid time off; trade organisation duty?

Duty to make reasonable adjustments The Equality Act 2010 (EqA 2010) establishes a duty to make reasonable adjustments (referred to below as ‘the duty’), which contains three distinct requirements. The third requires that, where a disabled person would, without the provision of an auxiliary aid, face a substantial disadvantage in relation to a relevant matter when compared with people who are not disabled, such steps as are reasonable must be taken to supply the auxiliary aid. The situations in which the duty arises differ across workplace settings. Accordingly, the precise circumstances that engage the duty will not be uniform across all settings. For all three requirements, the duty is triggered only where a disabled individual is placed at a substantial disadvantage compared with non‑disabled people ‘in relation to a “relevant matter”’, and what counts as a ‘relevant matter’ (as defined in EqA 2010, Sch 8 Pt 1) varies according to the particular type of workplace. As a result, application of the duty is context‑specific to the workplace in question....

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Q&As
Local authority options for repeated heavy‑vehicle damage to a highway maintainable at public expense

Given the enquirer notes the highway is 'seldom used', the initial issue to examine is whether the route ought to remain a highway that is maintained at the cost of the public purse...

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Q&As
Payroll-only daughter, shareholder director: employee or worker?

If a business claims to hire and remunerate an individual with a wage to reduce the tax burden of the business itself or a director/shareholder, while the individual in reality undertakes no work and supplies no services, this would appear to constitute tax evasion. Where a solicitor knows this is happening, they should adhere to the procedures prescribed in the firm’s policy on preventing the facilitation of tax evasion in such circumstances...

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