Litigation, fees and Debt Collection
Civil Litigation in the County Court and High Court
It is often said that there is only one winner when it comes to Commercial Litigation and that is the lawyer. Even if you have a sure fire case (unusual) and are awarded your legal costs, it is often the case that you will ever have these returned in full to you.
This is because if you are successful and the opponent is ordered to pay your expenses you may still have to pay some fees to your solicitor. This is because the expenses that the Court can order the other side to pay (Judicial Expenses) are calculated on a different basis than is used to calculate the fees charged by solicitors to their clients.
Your solicitor may ask you to pay the difference, although you may agree with your solicitor at the outset that he/she will accept the fees that can be recovered from Judicial expenses.
Choosing a Solicitor
- Will they meet you or discuss the case for free?
- If so when will they start to charge?
- Will they offer fixed fees?
- Will they provide a breakdown of all the stages involved in litigation?
- Do you get on with him or her?
Good advice on bringing a claim
Your case is only as good as your documents- no documents- no case!
Have you had an Opinion on the claim? Only bring a claim when you have had an advice or opinion on the merits of the claim? In our view a claim ought only to be considered where you have been advised a claim is likely to be successful on a 65% or more basis.
Any less than 65% may not rule out sending a letter of claim as often litigation is about poker. You must always give the impression that you are going to litigate. Often giving the impression that you intend to sue does give the desired affect and a deal can be done.
The best piece of advice you may never receive is, talk to your opponent. We always suggest sending two letters when you start the battle. The first is an open letter which can always be referred to throughout the court proceedings ie the letter of claim. The second type of letter will be referred to as ‘without prejudice save as to costs’ and can never be referred to until the conclusion of the case when your legal costs may well be considered so its a good idea to get talking from the outset. Issue proceedings only when ‘jaw jaw’ has been firmly exhausted.
Think of it as a dual carriageway – on the one side of the road you will have the dispute correspondence or open correspondence, on the other side you have the ‘without prejudice correspondence’ which cannot. They should never be mixed up, always keep the ‘jaw jaw’ away from ‘war war’.
To issue a claim for money, the following fees will be payable based on the amount claimed, including interest:
|Claim Value||Court Issued Claim||Money Claim Online|
|up to £300||£35||£25|
|£300.01 - £500||£50||£35|
|£500.01 - £1,000||£70||£60|
|£1,000.01 - £1,500||£80||£70|
|£1,500.01 - £3,000||£95||£80|
|£3,000.01 - £5,000||£120||£100|
|£5,000.01 - £15,000||£245||£210|
|£15,000.01 - £50,000||£395||£340|
|£50,000.01 - £100,000||£685||£595|
|£100,000.01 - £150,000||£885||N/A|
|£150,000.01 - £200,000||£1,080||N/A|
|£200,000.01 - £250,000||£1,275||N/A|
|£250,000.01 - £300,000||£1,475||N/A|
|more than £300,000||£1,670||N/A|
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