Civil Litigation

Civil Litigation

We provide advice on a range of civil litigation matters. We can deal with claims you wish to bring against a defendant or claims brought against you. You can rely on our expertise in negotiation to seek settlement where possible.

We also offer fixed-fee initial consultations. At your consultation we will help in providing all the information you need to understand the legal and practical issues relating to your case. The purpose of our consultation is to allow you to make an informed decision about what action you need to take.

We have prepared an Instruction Form (copies available on request, or click here) to help you to give us the information and documents that we need. Following receipt of your instructions and reviewing your case, the first step we must take on your behalf is to write to the Debtor, telling them that Court proceedings will be issued against them if the debt is not paid within 30 days (or 14 days for corporate debtors). If you have received a Lawyer’s letter, we will respond on your behalf telling them we have been instructed to deal with the matter.

The Courts actively discourage the issue of proceedings without such a letter being sent first. We aim to send the letter out on the day that your instructions reach us, and if you give us an email address or a fax number for the Debtor /Lawyer then the letter will be sent by email or fax  and where appropriate by post. It will be copied to you.

For detailed advice on your individual circumstances, please contact us immediately.

For certain matters, especially non-contentious ones, we can work with you to arrange a fixed fee.  We will endeavour to do this wherever possible, to give you certainty as to the fees involved.

If you are the Claimant, you will be required to pay Court Fees to begin a claim. These Court Fees are payable at the issue stage and if defended to proceed to a hearing.

If your claim is successful, and a judgment is made in your favour, the court will order the Defendant to pay all your Court Fees.

Our fee structure is based on the process in England and Wales for Money Claims.

Small Claims Court Issue Fee

A claim can be submitted with a paper claim form or via the Internet using the Money Claim Online service. The Fees are slightly lower using the Money Claim Online

The Issue Fee is based on the amount you are claiming or what you estimate the claim is worth.

​Amount Claimed Paper Claim Form fee ​Online Claim fee
Up to £300.00 £35.00 £25.00
£300.01 to £500.00 £50.00 ​£35.00
£500.01 to £1,000.00 £70.00 £60.00
​£1,000.01 to £1,500.00 £80.00 £70.00
​£1,500.01 to £3,000.00 £115.00 £105.00
£3,000.01 to £5,000.00 £205.00 £185.00
​£5,000.01 to £10,000.00 £455.00 £410.00

​​Correct as at 15 May 2020, but please see EX50 for full details and latest fees.

​If using the online service this fee is payable by credit or debit card prior to submission. If you use a paper claim form, you will need to include a cheque or postal order for the correct fee.

If your claim is not disputed or defended, then judgment will be awarded in your favour and no other court fees will be payable. ​

Small Claims Hearing Fee

If the claim is defended, then the case will need to proceed to a small claim hearing unless an agreement or settlement is reached beforehand. The court will send both parties a proposed allocation to the small claims track along with a Directions Questionnaire.

The Directions Questionnaire will ask you details about your claim in preparation for a hearing, including the proposed track, court location, any expert evidence, witnesses and if there are hearing dates to avoid.

Claims are usually allocated to the track based on the amount that is being claimed. However, a judge can reallocate a claim based on the complexity of your claim.

Once both parties have submitted a Directions Questionnaire, this will lead to an order from the court confirming the track and giving a date for the hearing, exchange of evidence and a date for paying the hearing fee.

​The hearing fee for a small claim hearing will be based on the amount being claimed:

​Amount Claimed Small Claim Civil Hearing Fee
Up to £300.00 £25.00
£300.01 to £500.00 £55.00
£500.01 to £1,000.00 £80.00
​£1,000.01 to £1,500.00 £115.00
​£1,500.01 to £3,000.00 £170.00
More than £3,000.00 £335.00

Fees correct as at 15 May 2020, but please see EX50 for full details and latest information

Small Claims Expert Costs

If you require an expert to provide evidence to support your claim. You will need the court to grant permission to use an expert and if permission is granted you will then need to pay the expert to produce written evidence.

If you have been granted permission to use an expert and your claim is successful, the cost of the expert will be recovered from the defendant up to a maximum of £750.

What costs can be recovered in small claims?

If your claim is successful, as well as the court fees and approved expert costs, there may be other items you can claim and recover from the losing party.

  • Interest on the amount owed
  • Travel expenses getting to/from the hearing
  • Loss of earnings due to attending the hearing
  • Legal representative’s costs if you have instructed a solicitor to make the claim on your behalf

DEBT RECOVERY

The tables set out below list our charges and Court fees payable through County Court proceedings.

Our fee for initial review and legal advice is £100.00. If a consultation is required we charge on the basis of our hourly rate.  Our charges for work done by a Senior lawyer are calculated at £201.00 per hour. Work done by an Associate is charged at £111.00.

Each letter/email written or telephone call regarding queries raised by the Debtor or by or with you is charged at on the basis of an hourly rate, calculated in units of one tenth of an hour. Any Limited Company Search or Land Registry Search is charged at £12.50.

If the Debtor submits a Defence to your Claim, all work done by us from that point onwards will be charged at our standard hourly rate.

Where applicable additional fees include:

​Amount Claimed ​Issuing a Claim ​​Entering a Judgment Acknowledgement of Service Agreed Admission Disputed

Admission

£25.00 to £500.00 £50.00 £22.00 +3.00 +18.00 +33.00
£500.01 to £1,000.00 £70.00 £22.00 +3.00 +18.00 +33.00
£1,000.01 to £5,000.00 £80.00 £22.00 +3.00 +18.00 +33.00
​More than £5,000.00 £100.00 £30.00 +5.00 +25.00 +40.00

​Correct as at 15 May 2020, but please see CPR Part 45 for full details and latest fees.

For more complex cases an agreed fixed fee is chargeable, which are significantly higher.

If you choose to use a solicitor for you small claim, you can typically expect to receive around £50.00 to £130.00 awarded towards your legal costs if your claim was successful.

ENFORCEMENT

County Court Warrant (up to £600.00) – Our fee of £10.00 plus Court fee of £110.00

High Court Enforcement Writ (over £600.00) – our fee of £51.75 plus Court fee of £66.00.

PLUS, in either case our further fees of:

  • 5% of the total amount recovered less than £2,000.00,
  • 4% of total amount recovered from £2,000.00 but less than £5,000.00
  • 3% of total amount recovered of £5,000.00 or more (not recoverable from Debtor).

DEFENDING A CLAIM

Our fee for initial review and legal advice is £100.00. Each letter/email written or telephone call regarding queries raised by the Claimant or by or with you is charged at £20.10.

We charge on the basis of an hourly rate, calculated in units of one tenth of an hour.

Our charges for work done by a Senior lawyer are calculated at £201.00 per hour. Work done by an Associate or Assistant is charged at £111.00 per hour.

In respect of many types of work, we are required to carry out electronic Anti-Money Laundering Searches in respect of each client, and some third parties.  Such searches cost £6.00, per person.