Civil Litigation Fees

Askews Legal LLP is fully regulated by the Solicitors Regulation Authority (SRA). This means that by law we are required to be fully transparent in our pricing. Below you will find all the information concerning our pricing for Civil Litigation and Dispute Resolution.

If you have additional questions, please call us on 02476 231000 or email enquiries@askewslegal.co.

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/Member Solicitor: £265
• Senior Solicitor or Head of Dept: (PQE 8yr+) £240
• Assistant Solicitor/Fee Earner: (PQE 3/7yr) £215
• NQ Fee Earner: (PQE 1/3yr) £185
• Paralegals/Trainees: £135
• Support paralegals: £115

*The above rates are subject to change.

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 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.

VAT

All fees are quoted exclusive of VAT, we will charge VAT at the standard rate applied by the government which is 20%.

Below is an indication as to the 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 (plus VAT and disbursements)

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

High complexity case: £5,000 plus (plus 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:

• A large 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 (plus VAT and disbursements)

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

High complexity case: £15,000 plus (plus 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 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.

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*

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 £100,000	5 % of claim	4.5% of claim

*The above fees are subject to change.

• Hearing Fee – payable close to the time of a final trial*
  • Fast Track Claim –           £545
  • Multi-Track Claim –           £1,090
• 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), below is a guideline only range of Counsel’s fees depending, again, on the complexity of the case:
  • Simple Case: £2,000 to £10,000 (plus VAT)
  • Medium complexity case: £10,000 to £15,000 (plus VAT)
  • High complexity case: £15,000 plus (plus VAT)

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 and £3,000, plus VAT, depending on the issues in dispute.

Stage Three – Enforcement

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

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

High complexity case: £5,000 plus (plus 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:

• The fee to instruct the County Court bailiff or a High Court Enforcement Officer*.

Judgment & Enforcement in England and Wales Action	Judgment Amount	Enforcement Fees
Bailiff	Up to £5,000	£77/£100
HCEO	£600+	£66

*The above fees are subject to change.

• Tracing agent (typically between £100 and £1,000 plus VAT).
• Forensic Accountant (Typically between £750 and £5,000).
• Transferring the matter to the High Court (as above).

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 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 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 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.