Litigation
We deal with a variety of matters which consist of:-
- Employment litigation
- Unfair dismissal
- Debt recovery
- Neighbour disputes/Boundary disputes
- Breaches of contracts
- Claims for provision under a Will
- Landlord/Tenant issues
- Personal Injury Claims
We will advise you on the best course of action and support you through the whole process. We aim to deal with cases in the most cost effective and timely manner.
We will look at how to resolve matters and give you full options before embarking upon what can quite often be costly, time consuming and stressful litigation.
The Court procedure, which includes pre-action conduct, is governed by the Civil Procedure Rules which together with the practice directions that accompany them set out the steps that anyone who is a party to litigation is expected to abide by when involved in litigation matters.
Fees are charged based on our hourly rate of £230 per hour plus VAT plus Disbursements.
The work will be done by the firm’s Principal (see Home page).
It is difficult to assess how much time will be taken in relation to claims of this nature as it depends on the complexity of the matter and whether agreement with the third party can be reached quickly and amicably.
Once we have received initial instructions we can give you an assessment of timescale and what the different stages of the handling of your case involves.
Our charges for acting for you in relation to a matter which falls within that category initially it is extremely difficult to give a fixed charge but as and when a matter develops a realistic assessment of costs should become possible for you to consider.
If, however, additional steps need to be taken or if the matter becomes more complicated e.g. matters are not agreed between yourself and the third party our costs may need to be re-assessed. If this is the case we will advise you on the estimated additional costs as soon as we become aware of any problem that arises.
If matters become complicated and there is no agreement between you and the third party we would advise taking advice from a Barrister upon which there will be the Barrister’s fee to pay plus VAT. If you wish to receive a Barrister’s advice we would prepare and send Instructions to a Barrister who specializes in the particular field of expertise and would assess the matter and give an estimate of the likely cost.
If the matter cannot be agreed and is likely to end up in Court there would be Court fees to pay. Please see the link below as to Court fees.
Court fees.The charges set out above are subject to VAT which is currently at the rate of 20%.
EMPLOYMENT LITIGATION
We are able to provide advice on all employment law matters, litigation representation and advice on negotiating settlement.
The work will be done by the firm’s Principal (see Home page).
Our pricing for bringing and defending claims for unfair or wrongful dismissal are as follows:-
Simple case | : | £750 - £1,500 (excluding VAT charged at 20%) |
Medium complexity case | : | £1,500 to £3,000 (excluding VAT charged at 20%) |
High complexity case | : | £3,000 – Discussion figure (excluding VAT charged at 20%) |
Our rates are charged based on our hourly rate of £230 per hour plus VAT plus Disbursements. VAT is currently charged at the rate of 20%.
Factors that could make a case more complex:-
- If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim.
- Defending claims that are brought by litigants in person.
- Making or defending a costs application.
- Complex preliminary issues such as whether the Claimant is disabled (if this is not agreed by the parties).
- The number of witnesses and documents.
- If it is an automatic unfair dismissal claim e.g. if you are dismissed after blowing the whistle on your employer.
- Allegations of discrimination which are linked to the dismissal.
There will be an additional charge for attending a Tribunal Hearing of £1,380 per day (excluding VAT charged at 20%). This figure is based on the Court hours of 10:00 am to 4:00 pm. Generally, we would allow 1½ days for straight forward but upwards on that depending on the complexity of your case.
Disbursements are costs related to your matter that are payable to third parties, such as Court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.
Please see the link below as to Court fees.
Court fees.If matters cannot be agreed we would advise you to take advice from a Barrister upon which there will be the Barrister’s fee to pay plus VAT. Barrister’s fees are estimated between £750 to £3,000 excluding VAT, charged at 20%, depending on the experience of the Advocate. If you wish to receive a Barrister’s advice we would prepare and send Instructions to a Barrister who specializes in employment law who would assess the matter and give an estimate as to the monetary value of the case.
The following are the stages of a claim (from taking initial instructions to preparing for a final Hearing):-
- Taking your instructions, reviewing papers and advising you.
- Enter into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached.
- Taking Witness Statements, drafting Statements and agreeing their content with witnesses.
- Preparing a claim or response.
- Reviewing and advising on the claim or response from other party.
- Exploring settlement and negotiating settlement throughout the process.
- Preparing or considering a schedule of loss.
- Preparing for (and attending) a Preliminary Hearing.
- Exchange documents with the other party and agreeing a bundle of documents.
- Preparing bundle of documents.
- Reviewing and advising on the other party’s witness statements.
- Agreeing a list of issues, a chronology and/or cast list.
- Preparation and attendance at Final Hearing, including Instructions to Counsel.
The time that it takes from taking your initial instructions to the final resolution of your matter depends largely on the stage at which your case is resolved. If a settlement is reached during pre-claim conciliation your case is likely to take 4 to 8 weeks. If your claim proceeds to a final Hearing your case is likely to take up to 6 months very much depending on the backlog. This is just an estimate and we will of course be able to give you a more accurate timescale once we have more information and as the matter progresses and in particular when we know the extent of the backlog of cases in that particular Court at that particular time.
DEBT RECOVERY
We are able to provide advice on debt recovery.
The work will be done by the firm’s Principal (see Home page).
These costs apply where your claim is in relation to an unpaid invoice which is not disputed and enforcement action is not needed. If the other party disputes your claim at any point we will discuss any further work required and provide you with revised advice about costs if necessary, which could be on a fixed fee (e.g. if a one off letter is required), or an hourly rate if more extensive work is needed.
Debt Value | Court Fee | Our Fee |
Up to £5,000 | See link below | £2,000 plus VAT @ 20% |
£5,001 - £10,000 | See link below | £3,000 plus VAT @ 20% |
£10,001 - £50,000 | See link below | £6,000 plus VAT @ 20% |
Our rates are charged based on our hourly rate of £230 per hour plus VAT plus Disbursements. VAT is currently charged at the rate of 20%.
Anyone wishing to proceed with a claim should note that:-
- The VAT element of our fee cannot be reclaimed from your debtor.
- Interest and compensation may take the debt into a higher banding, with a higher cost.
- The costs quoted above are not for matters where enforcement action, such as the bailiff, is needed to collect your debt.
- Taking your instructions and reviewing documentation.
- Undertaking appropriate searches.
- Sending a letter before action.
- Receiving payment and sending onto you.
- Drafting and issuing claim through the Courts.
- Where no Acknowledgment of Service or Defence is received, applying to the Court to enter Judgement in default.
- When Judgement in default is received write to the other side to request payment.
The following are the stages of a straight forward claim:-
If the debt is not paid we will advise you of the next steps and upon receiving further instructions from you we will then proceed with the following stages:-
If payment is not received within ‘X’ days we will provide you with advice on the next steps and likely costs.
Matters usually take 1 to 6 months depending upon Court availability apart from complexity from receipt of instructions from you to receipt of payment from the other side, depending on whether or not it is necessary to issue a claim. This is on the basis that the other side pays promptly on receipt of Judgment in default. If enforcement action is needed, the matter will take longer to resolve.
If a claim is issued through the Court system there will be Court fees to pay. Please see the link below as to Court fees.
Court fees.