Dispute Resolution

Google Customer Reviews

Legal disputes can arise in all aspects of personal and commercial life; on many occasions, from situations beyond your control and contemplation.

They can escalate in no time at all, inevitably causing ill feeling; contributing towards increased worry and the nagging doubts of financial uncertainty. Legal disputes consume your time, disrupt your life, your business, your plans for the future; and before you know it, you’ve lost hours of your precious time dealing with documentation you don’t fully understand amidst a maze of complex unfamiliar procedures. Even when you’re not dealing directly with the dispute, you’re thinking about it.

Legal dispute resolution and formal litigation, can be fast paced, it can be drawn out. Solutions aren’t always easy or obvious and require an innovative and creative approach in addition to the application of technical knowhow. This is exactly the service we offer in our Litigation Department.

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Dispute Resolution Services

Claimant or Defendant. Private or Commercial. In cases large or small. Our outcome focussed expertise covers a broad range of matters, primed to meet the day to day needs of the individual and the small to medium sized business, including:

Consumer Disputes

Contractual matters typically involving disputes between individuals and retailers or service providers including insurance companies.

Commercial Contractual Disputes

Typically contractual matters in business to business transactions, partnership disputes and business related insurance disputes.

Technology & Construction Disputes

Including disputes and issues relating to contracts and sub-contracts in the development and modification of land and property.

Landlord & Tenant Disputes

Including housing disrepair complaints, eviction claims and breaches of these conditions etc.

Property Disputes

Such as boundary disputes or damage complaints as a result of works and activities on neighbouring land.

Contested Wills & Probate

Including the presentation of concerns as to the validity of a Will, the non-provision for a dependant party within the Will of Testator or the complications of Intestacy.

Professional Negligence

Typically an action or complaint against a professional advisor (e.g. solicitor, accountant, architect etc) whose advice falls below the professional standard.

Debt Collection

Cash flow is imperative for any business and we appreciate the cost to your business, of late payment of debts or indeed, non-payment. Read more…

Debt Collection

Cash flow is imperative for any business and we appreciate the cost to your business, of late payment of debts or indeed, non-payment.  Our aim is to pursue your debt in the most commercially efficient way.  There are three stages to recovering a debt:-

[1]        Pre-action

This would involve preparing a letter before action in accordance with the Practice Direction on pre-action conduct to be sent to your Debtor.  If your debt is simple to ascertain, then this would be straightforward.  If the money that you are owed is complex to ascertain, the letter before action can be a very involved and time consuming process.  Where possible, we will also seek to recover interest and compensation under the Late Payment of Commercial Debts Act.

[2]        Court proceedings

If no response is received to a pre-action letter or the matter cannot be resolved, it will be necessary to issue Court proceedings and proceed to Judgment in the absence of an acknowledgement or a Defence to the claim.

[3]        Enforcement

Should the Debtor be unwilling to pay the Judgment it would be appropriate to take further steps to enforce your Judgment in the most cost effective manner.  This may involve instructing an Enforcement Officer or issuing a County Court Warrant.  Unfortunately, if the Debtor has no money or assets the Judgment ultimately may not be enforceable.

Cost Information for Debt Recovery

The fees below are calculated on the basis that there is no reply to the Claim Form and on the fixed costs prescribed by the Court and on the basis that no enforcement action is necessary.  Should the claim be disputed then you will be provided with revised advice in relation to costs.  In practice, a significant percentage of cases do become defended and may involve a Counterclaim.  Please see the range of fees set out below for a business to business debt that is undisputed.

Our fees will be primarily based on the amount of time spent by us carrying out your instructions and preparing your case.  The current hourly rate of our Solicitors, excluding VAT, is as follows:-

Partner:                                                From £250.00. 

Solicitor:                                               From £200.00 to £225.00. 

 

Range of Costs

The typical likely range of costs, excluding VAT and disbursements, for obtaining a Default Judgment in relation to an undisputed debt, below £100,000.00, are:-

[1]        Pre-action:                                £1,200.00 to 1,900.00.

[2]        Court proceedings:                    £1,000.00 to £2,000.00.

 

Disbursements

These are payments that we are obliged to make to third parties in the course of pursuing your case.  If Court proceedings are issued and the debt is undisputed then the only likely disbursements that would be incurred, is the Court fee for issuing your claim.  Another typical disbursement may be a Barrister’s fee.  Please see the table below which sets out the fees payable to the Court which are calculated in relation to the amount of the debt and the interest element of your claim. 

Debt Amount Court Fee                  Amount Recoverable From Debtor
Up to £300.00 £35.00      £85.00
£300.01 to £500.00 £50.00      £100.00
£500.01 to £1,000.00 £70.00 £140.00
£1,000.01 to £1,500.00 £80.00      £160.00
£1,500.01 to £3,000.00 £115.00   £195.00
£3,000.01 to £5,000.00 £205.00 £285.00
£5,000.01 to £10,000.00 £455.00   £555.00
£10,000.01 to £200,000.00     5% of value of claim £100.00 plus Court Fee.
Exceeds £200,000.00 or is not limited £10,000.00 £10,100.00

 

Additional Fees – Entering Judgment

Debt Amount           Our Fee [Exc. VAT] Court Fee                  Total Charges [Exc. VAT] Amount Recoverable
£25.00 to £5,000.00 £30.00 None £30.00 £22.00
Over £5,000.00 £30.00 None £30.00      £30.00

 The fees shown are subject to change in accordance with the HMCTS fees guide, over which we have no control and in accordance with our own Standard Terms of Business and charging rates.  For more information in relation to the Court fees, please visit www.gov.uk/court-fees-what-they-are

The timescale is dependent upon the point at which your case is resolved.  Typically if settlement is reached during the pre-action stage, the matter could be resolved within 6-9 weeks.  However, if the matter proceeds to issuing Court proceedings and is subsequently undisputed, a more likely timescale would be 3-6 months.

When you instruct us, our Standard Terms of Business Letter will provide you with more details specific to your case.

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