Commercial Litigation and Disputes

Litigation of any kind is expensive and the process can be very stressful with no guarantee of success.

We do promise to be up front about the potential costs involved and we will also discuss what payment methods are available.

You must consider:

• The potential costs involved.
  • Our fees.
    • A simple litigation matter could cost £10k plus VAT.
    • A complex litigation matter could cost £10k-£20k plus VAT
    • A highly complex litigation matter could cost anything from £20k plus VAT.
    • Costs will vary dependant on the hourly rate of the person dealing with the claim.
  • Counsel (barrister) fees.
  • Expert fees.
  • Other third party fees (disbursements)
  • Court fees.
  • If you lose your case then it is likely that you would be liable to pay a large proportion of the other party's costs.
• The monetary value of your claim and the cost/benefit of pursuing it via litigation.
• The stress and upset that can result from the litigation process.
• How you will pay the legal costs, counsel fees and court costs?
  • Even if you win your case, it is very unlikely that the court will award you the full amount of your legal costs. 100% costs recovery is extremely rare.
  • Even if you win your case and the court awards you costs, the other party may not pay or offer to pay you in instalments.
• How will you pay the costs of the other party if you lose your case?

PLEASE NOTE:

• We will expect you to cover some or all of your costs up front i.e., on account.
• All invoices issued to you must be paid on time even if  the court says that you are entitled to recover all or some of your costs from the other party.
• If you choose to discontinue a claim then, in the majoirty of cases, you will be expected to pay the other party's legal costs as well as your own.

Contact us now on Free phone 0800 0272 005 or 01535 662644 to arrange a convenient appointment.

Court Claims Fees

Small claims:

• Are generally straightforward.
• Claims for £10,000 or less.
• Whether you win or lose, the costs you incur for obtaining legal advice and/or representation are not recoverable

Due to the potential costs i.e. up to £10,000 plus VAT for us to deal with a simple litigated matter on your behalf, not including any additional costs e.g., counsel and court fees, we do not deal with matters that could be resolved via the Small Claims Track.

Further information about court claims and the associated court fees can be found on the Government website:

https://www.gov.uk/make-court-claim-for-money

From 01.10.2023:

• Fast Track - claims valued over £10k but less than £25k.
• Intermediate Track - claims above £25k but less than £100k.
• Both these tracks will be subject to a new fixed costs regime where cost recovery will be limited to the fixed recoverable costs (FRCs) set out in the Civil Procedure Rules.

Most cases allocated to the multi track will be more complex cases or where the value of the claim exceeds £100k.

Points to consider:

• In these cases the court may pre-manage costs. This means that cost budgets will be prepared for agreement by the other party (your opponent) and/or the court.
• Failure to comply with the rules of the court and the court timetable can result in your costs being limited or your case being struck out.
• Costs incurred must be proportionate to the monetary value of the claim and the complexity of the matter.
• We will do all we can to remain within budgeted or estimated costs, however, we cannot guarentee to do so. If we exceed the budget or estimate then you will still be liable to pay all of our fees/costs and disbursements e.g., counsel/barrister fees and court costs.