Litigation & Disputes

Commercial Litigation

In its simplest form Commercial Litigation deals with legal disputes between two or more parties; one of which is a business, company or commercial enterprise.

We specialise in?

Agricultural Disputes
Contracts
Debt Recovery (Debt Collection)
Equine Law
General Disputes
Landlord & Tenancy Disputes
Neighbour Disputes
Professional Negligence
Shareholder Disputes
ToLATA (The Trusts of Land and Appointment of Trustees Act 1996)

If you don’t see what you’re looking for here please give us a call, the chances are we’ll be able to help.

Our solicitors specialise in successfully dealing with a variety of disputes and issues from initial advice through to representation in court. Michael Bower heads up the litigation team who have over 60 years experience between them.

Of course, everyone hopes that disputes can be resolved amicably and whilst we appreciate that no-one really wants to involve a solicitor the simple fact of the matter is that not obtaining the right guidance early on can be false economy. The expertise and advice our firm offers can:

simplify and shorten the legal process,
provide you with a realistic assessment of your situation,
potentially avoid the need for formal court proceedings, and
provide you with the comfort of knowing that all the legal issues will be managed professionally.

To help make things a little easier we offer:

Home visits and out of hours appointments (by prior arrangement)
Off street parking
Disabled parking and facilities

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.

Value of Claim	Referrals
For non-monetary claims e.g.: Boundary Dispute. Neighbour Dispute ToLATA	Please arrange an initial appointment by contacting our switchboard on 01535 662 644.
If you consider the value of your claim is below £10,000.00.	Please contact Citizens Advice Bureau on 0808 278 7828 or Law Works BPP Leeds Consumer Clinic on 0330 0303 444 who offer free legal advice.
If you consider the value of your claim is £10,000.00 or more.	Please arrange an initial appointment by contacting our switchboard on 01535 662 644.

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

Court Claims Fees

You must pay a court fee when you make your claim.

If you know the claim amount

The court fee is based on the amount you’re claiming, plus any interest.

Claim amount	Fees
Up to £300	£35
£300.01 to £500	£50
£500.01 to £1,000	£70
£1,000.01 to £1,500	£80
£1,500.01 to £3,000	£115
£3,000.01 to £5,000	£205
£5,000.01 to £10,000	£455
£10,000.01 to £200,000	5% of the claim
More than £200,000	£10,000

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

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.

How would you like to talk to us?