We deal with each matter individually and will agree with you the most appropriate fee arrangement for the matter.
- Fees for debt recovery and standard contract/litigation disputes under £10,000 as Claimant (i.e. pursuing the claim)
We charge £150 to £250 plus VAT per matter for a review of the documents and drafting a Letter before Action to the debtor. For straightforward debt recovery matters we then charge a rate of 10% of recovery made. If no recovery is made, then no further fees other than the initial fee for the LBA will be charged.
For contract/litigation disputes under £10,000 we will agree a fee with you before work commences, this will depend on the complexity and value of the case but is usually in the region of £2000 to £2500 plus VAT and disbursements (for example barrister’s fees for the Hearing and expert report fees).
- Fees for debt recovery and standard contract/litigation disputes as Defendant (i.e. defending a claim brought against you)
These are dealt with on an hourly rate basis (see below) but we charge a capped fee of £2000 plus VAT and disbursements (for example barrister’s fees for the Hearing) to defend a claim up to and including a Small Claims Hearing.
DISBURSEMENTS – in addition, whether you are the Claimant or Defendant, disbursements are payable on top and will be payable even in the event of an unsuccessful claim. These will include the Court fees which are set out in this link – https://www.gov.uk/make-court-claim-for-money There is no VAT payable on Court fees.
and barrister’s fees for the Hearing, usually in the region of £250 – £500 plus VAT depending on the complexity of the case.
- Your liability for opponent’s costs in the event of an unsuccessful claim.
For Small Claims matters, which are those under £10,000, there is usually no liability for you to cover your opponents costs in the event of an unsuccessful claim, other than expenses such as travel or loss of earnings for the day in Court. On very rare occasions costs can be ordered if the parties have acted unreasonably but we would advise you if we considered this was a possibility on your case.
This also means that if you are successful on a claim that is under £10,000 and allocated to the Small Claims Track that you would not be awarded your legal costs other than the court fees.
- Hourly rate Matters – debt recovery and disputes over £10,000 and/or complex litigation
We charge the following fees where matters are dealt with on an hourly rate – this will include debt recovery and contract disputes valued at over £10,000.
Ceri Bater – £250 plus VAT per hour
John Watkins – £250 plus VAT per hour
Nicola Caluan – £250 plus VAT per hour
Elaine Richardson – £250 plus VAT per hour
Elizabeth Jones – £250 plus VAT per hour
Paralegal – £125 plus VAT per hour
Ceri, John, Nicola, Elaine and Elizabeth are Grade A fee earners (over 8 years experience).
Our fees will be dependent on the specifics of each case and we will agree the fees with you before work is commenced and will continually review these throughout the course of any litigation to make sure they remain accurate. Due to the nature of litigation however it is always difficult to estimate costs in litigation because of the considerable uncertainties in the way the litigation may progress. Many cases settle before trial and the steps to trial can be more, or less, complex dependent on the conduct of the other party, the facts that emerge as the case progresses, any orders made at interim stages and the various possible applications or appeals that may arise.
As a very rough guide our fees for the more simple debt/contract disputes over £10,000 are likely to be in the region of £5000 plus VAT and disbursements to over £50,000 plus VAT and disbursements for complex, high value litigation.
DISBURSEMENTS – You would also be liable for court fees, barrister fees and expert witness fees which would be discussed and agreed with you before any instruction. Court fees are dependent on the value of the claim and are set out here: https://www.gov.uk/make-court-claim-for-money
Counsel’s fees for Fast Track Trials are set under Part 46 of the Civil Procedure Rules, depending on the claim value. The current guidelines are as follows:
– Claim value £0-£3,000 – CPR set fee is £500 + VAT
– Claim value £3,000 to £10,000 – CPR set fee is £710 + VAT
– Claim value £10,000 to £15,000 – CPR set fee is £1,070 + VAT
– Claim value £15,000 to £25,000 – CPR set fee is £1705 + VAT
- Your liability for opponent’s costs in the event of an unsuccessful claim.
The general rule is the loser pays the winner’s legal costs. It is highly unlikely that you would recover all legal costs spent however as these would be subject to review by the Judge and are nearly always reduced. We would expect to recover approximately 75% of our legal costs from your opponent in the event of a successful claim and a similar % if you lost your claim and were ordered to pay your opponent’s costs. We work with specialist costs lawyers to ensure you obtain the best possible result either for recovery of costs or a reduction of the costs you have to pay.
How long will the process take?
FOR SMALL CLAIMS UNDER £10,000 VALUE
For small claims we would normally allow 14 to 21 days for the debtor to respond to our letter before action. If they admit the debt then payment is usually then agreed within a further 14 days or longer if a payment plan is needed. If the debt is not admitted then court proceedings will be commenced through MCOL and these usually take 4 to 6 months to a final hearing depending on the court waiting lists.
FOR CASES OVER £10,000 VALUE
For higher value cases we would normally allow 21 days for the debtor to respond, allowing up to 3 months in exceptional circumstances for high value/complex matters. If they admit the debt then payment is usually agreed within a further 14 days or longer if a payment plan is needed. If the debt is not admitted then court proceedings will be commenced through MCOL for cases up to £100,000 and in the High Court for cases above £100,000. These can take anything from 9 months to around 18 months to get to the final Trial for higher value/complex cases depending on the court waiting lists and any interim case management hearings or applications made.
- Probate Services & Fees.
As with all of our pricing, we would like to give you transparency and certainty of the costs you incur. The following guide will help you to understand the services and related fees that are applicable when we support you with obtaining probate in uncontested estates where all assets are in the UK.
Applying for the Grant, collecting and distributing the assets
We will handle the full process for you. Typically, we will:
• Identify and liaise with the executors or administrators and beneficiaries
• Identify and value assets
• Complete the Probate Application and the relevant HMRC forms
• Draft a legal oath for you to swear
• Make the application to the Probate Registry on your behalf
• Obtain the Grant of Probate or Administration
• Gather all assets in the estate
• Pay the debts and liabilities
• Prepare estate accounts
• Distribute the assets
How much will this cost?
It is difficult to estimate the cost of a Probate as each estate is different. It often depends on the complexity of your circumstances. We estimate fees of between £800 – £8,500 (excl VAT) for straight forward estates where there is:
• a valid will
• no more than one property
• no more than three bank or building society accounts
• no other intangible assets
• Two to three beneficiaries
• No inheritance tax payable and the executors do not need to submit a full account to HMRC
The exact cost of our fees will depend on the individual circumstances of the matter. For example, if there is one beneficiary and no property, costs will be at the lower end of the range. If there are multiple beneficiaries, a property and multiple bank accounts, costs will naturally be higher.
Disbursements
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. Disbursements payable in addition to our fees are:
• Probate application fee – £155 (plus £5 for copies)
• Swearing of the oath (per executor) – £7 (if no codicils)
• Bankruptcy searches – £1 per beneficiary
• Post in The London Gazette (protects against unexpected claims from unknown creditors) – approximately £150
• Post in a Local Newspaper (also helps to protect against unexpected claims) – approximately £150
Additional potential costs
There are likely to be additional costs that could range significantly depending on the estate and how it is to be dealt with. We can give you a more accurate quote once we have more information but some examples of situations that increase costs are:
• If there is no will
• If the deceased owned share holdings (stocks and bonds)
• There are foreign assets
• If there is a dispute between beneficiaries or a claim is made against the estate
• If tax affairs are complicated and perhaps negotiations with HMRC are required
• Dealing with the sale or transfer of any property in the estate will incur additional fees
How long will the process take?
On average, estates are dealt with within 3-8 months. Complicated estates where the deceased had foreign assets, trust interests, complex tax affairs or when a dispute arises can take a year or longer to administer.
If you have a legal query please contact us and we will provide our detailed fee quote for your consideration.