Our litigation team is experienced in resolving issues and use Mediation, Negotiation and Litigation as the best forms of resolving issues, (Litigation being the last option). We understand that not every conflict needs to end up in Court, especially if it can be avoided. We assimilate the situation and give you the best options available.
We make this easy for you by offering clear, straightforward and strategic advice.
Our litigation team key leaders: Mr Teerun Ramlochun and Mr Ben Veerapen.
Our Fees
Due to the varying nature and complexity of disputes that can arise, it is not always possible to give a definitive estimate of costs. It will always be our aim to give you an estimation of the best possible cost from the outset and keep you updated as to any changes throughout the case.
The hourly rate applied will be dependent on the qualification and experience of your Solicitor and these rates are set out below:
- Partner: £300.00 plus VAT
- Senior Solicitor with at least 8 years post qualification: £250 plus VAT
- Solicitor/Fee Earner with less than 8 years post qualification: £200.00 plus VAT
- Trainees: £125.00 plus VAT
We offer an initial meeting at a fixed fee, agreed in advance, to discuss your case and your specific needs and to discuss how we can assist you moving forward. In straightforward matters, we will typically charge £150.00 plus VAT for a meeting up to one hour. This fixed fee could increase depending on the complexity of your matter. We may charge more, for example, if we are required to consider any documentation in advance of our initial consultation or if it is likely that the consultation will last more than one hour.
Stages
1. Pre-Action
- Taking your initial instructions, and instructions throughout, reviewing documentation and providing ongoing advice;
- Undertaking any appropriate searches;
- Sending a letter before action;
- Corresponding, where appropriate, with the other party;
Factors that could make your matter more complex:
- A large volume of documentation/paperwork to review;
- Multiple parties;
- Dealing with a litigant in person/unrepresented party;
- If the claim is disputed/contested;
- If the other party indicates a Counterclaim.
2. Proceedings
- Continuing to take your instructions and further review of the documentation/paperwork and advising on merits and prospect of success.
- Corresponding throughout with the other party and any other relevant parties.
- Preparing Claim Form and Particulars of Claim, or Defence, where appropriate.
- Instructing and liaising with Counsel throughout, where appropriate.
- Where no Acknowledgment of Service or Defence is received, applying to the court to enter Judgement in default.
- When Judgement in default in received, write to the other side.
- Reviewing, and advising on the other party’s response.
- Exploring/negotiating settlement throughout the matter.
- Preparing for/attending mediation, where appropriate.
- Preparing for, and attending and preliminary hearings and final hearing.
- Taking witness statements, drafting statements, and agreeing their contents with witnesses.
- Reviewing and advising on the other party’s witness statements.
- Preparing the document bundles and agreeing on them with the other party.
Factors that could make the matter more complex:
- Numerous or complicated issues.
- A large number of witnesses.
- The claim is defended.
- Whether the claim is settled early.
- Whether an Alternative Dispute Resolution method is tried before the case goes to Court.
- Making or defending an unforeseen application.
3. Enforcement
- Advising on appropriate action and taking your instructions.
- Making further enquires or searches.
- Making any appropriate applications.
- Communicating with the other party and any relevant third party.
- Negotiating proposals, where appropriate.
Factors that could make the matter more complex:
- As above.
- Numerous or complicated issues.
- Whether the other party is deliberately trying to avoid settling the claim.
- Length of time to resolve.
Disbursements
Disbursements are costs related to your matter that are payable to third parties, such as Counsel’s fees or travel/accommodation expenses. We handle the payment of the disbursements on your behalf to ensure a smoother process.
Possible Disbursements are likely to be as follows:
- Court Fee for the issue of the Claim (https://www.gov.uk/court-fees-what-they-are)
- Counsel Fees – will depend on the extent to which Counsel is instructed (i.e. to advise in conference/draft the Particulars of Claim/Defence/attend mediation/attend any preliminary or final hearings), below is a guideline only range of Counsel’s fees depending, again, on the complexity of the case and the senority of Counsel, typically starting from £2000.00 plus VAT for a simple case.
- Mediation – parties are encouraged, where possible, to resolve disputes without the need to progress to a formal trial. This may include attending a formal mediation appointment. Fees for mediating typically range between £750.00 plus VAT and £3000.00 plus VAT, depending on the issues in dispute.
- The fee to instruct the County Court bailiff or a High Court Enforcement Officer.
- Tracing agent (typically between £100.00 plus VAT and £1000.00 plus VAT).
The stages set out above are only an indication of what may be required and some of the stages above may not be necessary for your claim, the fee will be reflected accordingly. You may wish to handle the claim yourself and only have our advice concerning some of the stages or certain parts of each stage. This can also be arranged on your individual needs.
The indications provided above should be taken as a guide only. As advised above, we base our charges on the hourly rate and we will be able to give you a more accurate indication of our likely charges and disbursements once we have reviewed your case.
How Long Will Your Matter Take?
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 and the Court in which proceedings have been issued.
If a settlement is reached during Pre-action stage, your matter is likely to be resolved within three months.
If your matter progresses to Proceedings and progresses to a final contested hearing then it is likely that matter may take up to 12 months or longer to resolve. Unfortunately, at present, the Courts tend to have a backlog of work and matters are being delayed considerably. Attempts will be made to settle your matter and it is common for cases to settle earlier and without the need of a final hearing.
If Enforcement is required then we would hope that the matter could be resolved within three months of commencing enforcement action.
The above 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.