Services

The Litigation Team specialise in and offer a broad range of services to both individuals and business offering expert advice in the following areas;

  • Alternative Dispute Resolution
  • Boundary Disputes
  • Contract Disputes
  • Landlord and Tenant – Residential and Commercial
  • Insurance Issues
  • Negligence
  • Probate disputes
  • Property Litigation

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 the best possible costs information from the outset, and throughout any case with us.

Our charges will usually be based on an hourly rate, which are currently as follows;

Kuljeet Sandhu charges an hourly rate of £205 plus VAT;

Liam Fitzgerald charges an hourly rate of £205 plus VAT;

Gareth Wood charges an hourly rate of £120 plus VAT.

*The above rates are subject to change from time to time.

Here at Askews 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 straight forward matters we will typically charge £150 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.

We provide below an indication as to likely costs of pursuing a business to business debt action for up to £100,000. We have split our indication into 3 broad stages.

Stage One – Pre-Action

Simple Case: £1,000 to £3,000 (excluding VAT and disbursements)

Medium complexity case: £3,000 to £5,000 (excluding VAT and disbursements)

High complexity case: £5,000 plus (excluding VAT and disbursements)

The above fees are likely to include:

  • 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;
  • Receiving payment and sending it on to you.

Factors that could make your matter more complex:

  • High volume of documentation/paperwork to review;
  • Multiple parties;
  • Dealing with a litigant in person/unrepresented party;
  • If the debt is disputed/contested;
  • If the other party indicates a Counterclaim.

Stage Two – Proceedings

Simple Case: £2,000 to £10,000 (excluding VAT and disbursements)

Medium complexity case: £10,000 to £15,000 (excluding VAT and disbursements)

High complexity case: £15,000 plus (excluding VAT and disbursements)

The above fees are likely to include:

  • 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 to request payment;
  • Reviewing, and advising on, response from opposition;
  • 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 bundle of documents and agreeing with other party.

Factors that could make the matter more complex:

  • As above;
  • Numerous or complicated issues;
  • Number of witnesses;
  • If the Claim is Defended;
  • Whether the claim is settled early;
  • Whether formal mediation takes place;
  • Making or defending unforeseen application

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*
Claim Value Court Fee
(paper form)
Online Claim Fee
Up to £300£35£25
£300.01 to £500£50£35
£500.01 to £1000£70£60
£1000.01 to £1,500£80£70
£1,500.01 to £3,000£115£105
£3,000.01  to £5,000£205£185
£5,000.01  to £10,000£455£410
£10,000.01  to £100,0005 % of claim4.5% of claim

*the above fees are subject to change from time to time.

  • Counsels (Barrister) 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)

Stage Three – Enforcement

Simple Case: £1,000 to £3,000 (excluding VAT and disbursements)

Medium complexity case: £3,000 to £5,000 (excluding VAT and disbursements)

High complexity case: £5,000 plus (excluding VAT and disbursements)

The above fees are likely to include:

  • If payment is not received from the other party, 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 repayment 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 debt;
  • Length of time to resolve.

Possible Disbursements are likely to be as follows:

  • Fee to instruct the County Court bailiff or a High Court Enforcement Officer*
Judgment & Enforcement in England and Wales Action Judgment Amount Enforcement Fees
BailiffUp to £5,000£77/£100
HCEO£600+£66

*the above fees are subject to change from time to time.

  • Tracing agent;
  • Forensic Accountant;
  • Transferring the matter to the High Court.

The stages set out above are only an indication of what may be required and if some of the stages above are not necessary, the fee will be reflected accordingly. You may wish to handle the claim yourself and only have our advice in relation to 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 of the fee earner(s) working on your behalf 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 Stage One, your matter is likely to be resolved within three months.

If your matter progresses to Stage Two, and progresses to a final contested hearing then it is likely that matter will take up to 12 months to resolve. Unfortunately, at present, the Courts tend to have a backlog of work and matters are being delayed considerably. This situation is subject to change and may improve in due course. Naturally, throughout Stage Two, where appropriate, 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 Stage Three is required then we would hope that the matter could be resolved within 3 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.

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