Dispute Resolution

Dispute Resolution is the area of law concerned with resolving disputes or disagreements between two parties, be they individuals or organisations. There are two forms of Dispute Resolution – Adjudicative processes, such as litigation or arbitration, in which a judge, jury or arbitrator determines the outcome; and Consensual processes, such as collaborative law, mediation, conciliation, or negotiation, in which the parties attempt to reach agreement. We believe that civil litigation should be a last resort. We understand that disputes can be frustrating, time consuming and upsetting; but they can also become nasty and expensive if not handled in the correct way. Our starting point in such cases, therefore, is to explore and consider the most appropriate way of resolving your dispute before it goes to court.

Mediation

Mediation is when an acceptable third party, e.g. a Solicitor, intervenes in a negotiation or conflict in order to assist those in dispute to voluntarily reach a mutually acceptable settlement of the issues. The third party has limited or no authoritative decision-making power, and does not act in any judicial capacity, but is there to facilitate what is in effect a formal negotiation between parties with the aim of reaching a settlement upon terms that all can accept. There are many advantages to mediation, including the opportunity for both parties to have their say and remain in control; potential early settlement; a ‘without prejudice’ process; and cost-effectiveness.

Litigation

If, for whatever reason, mediation or a similar consensual process cannot be used to settle your dispute then we provide litigation services. Litigation is the term used to describe proceedings initiated between two opposing parties to enforce or defend a legal right. Litigation is typically settled by agreement between the parties, but may also be heard and decided by a jury or judge in court. We are highly experienced in this very difficult area of law, and deal with disputes that may include:

Inheritance claims
Landlord & tenant
Buildings
Construction
Contractual
Debt recovery
Professional negligence
Property (including boundaries)

Our Charges

Debt Recovery up to the value of £100,000 (for small businesses where the debt is between £10,000 up to and including £100,000)

There are a number of factors which will impact the amount your case will cost. These factors can include the nature of the contract, whether the opponent is a consumer, the value of the claim and whether the opponent has a counter claim.

Due to the above factors, we are unable to provide a full breakdown of charges. We will provide an estimate to you once we are in receipt of the full information regarding your case. If a claim is straightforward in some circumstances we are able to offer a fixed fee. However if your claim becomes contested it is more difficult to provide a breakdown of charges. We will keep you informed of costs by way of cost estimates throughout your case.

Our fees and services include:-

Initial discussion and advice

Estimated average – £250.00 – £350.00 plus VAT (£50 – £70)

Letter of claim

Estimated average – £300 – £900 plus VAT (£60 – £180)

Court claims – disputed

It is not possible to provide an estimate or average cost as claims will depend on whether the claim is defended or not.

Our charges are based on our average hourly charging rates of £190.00 – £300.00 per hour plus VAT (£38 – £60) at the prevailing rate.

There will be other costs (called disbursements) which we will need to pay on your behalf, such as Court fees, Barrister’s fees and Enforcement Process fees. It is impossible to provide an average for anticipated disbursements until the claim value has been determined. We will keep you advised at all times by way of regular cost estimate letters.

We understand the commercial imperative involved in dealing with unpaid debts. The work we will carry out will involve:-

ascertaining the position re the debt (normally 7-14 days)
liaising with your Debtor and others in an effort to resolve matters and Letter of Claim (approximately 14 working days)
Court Claim – undisputed (approximately 8 weeks)

Our fees do not include any external costs and charges that may be incurred as part of the process e.g. damages, fines, penalties or other liabilities. You will also be responsible for these items.

We also undertake debt recovery on behalf of individuals and the average costs will be similar to those set out above.

Small Claims Advice – claims up to £10,000

£10,000 is a lot of money to most people and the prospect of losing such a sum if it is owed to you or paying it if you don’t think you should, can be a tremendous worry.

As a general rule, solicitors fees cannot be claimed back from your opponent where the claim is dealt within the Small Claims Court. You may therefore be reluctant to seek advice when you need it most.

We provide cost effective advice on the merits and preparation of your claim or defending a claim. We can also help you understand the process and what you need to do to maximise the prospects of success.

Bearing in mind the above, we may be in a position to offer a fixed fee service so you know exactly what cost you will pay. You can decide to do one stage, two stages or all three of the stages set out below to suit your needs. At all stages, you will know exactly what you are paying for and can therefore budget properly.

Stage 1 – we will:

Provide a 30-minute interview to include an outline of the Merits of bringing or, if applicable defending a claim.
Provision of Court Forms and guidance on completion or we can complete on your behalf.
Review the Court Forms you have prepared or consider the Court Forms we have prepared with you.
Forward the papers to the Court.
Complete the Request for Judgment or, where appropriate, complete the Directions Questionnaire.

Our costs will vary between £600 – £1000 plus VAT (£120 – £200) and disbursements (for example: Court fees).

Stage 2 Evidence –

We will spend up to 2 hours maximum and provide the following:

Advise you on the collection of further evidence and/or Expert Reports.
Draft witness statements.

Our costs will vary between £400 – £600 plus VAT (£80 – £120) and disbursements.

Stage 3 The Final Hearing/Trial–

We will prepare the paperwork for you to be represented at the Final Hearing. If a Barrister is instructed to represent you at the Final Hearing, then you will be responsible for the Barrister’s fees including any VAT. If we are instructed, our charges would based on the fee earners hourly rate plus VAT. Our hourly rates range from £190.00 – £300.00 plus VAT (£38 – £60);

Costs will be in the region of £600 – £800 plus VAT (£120 – £160) and disbursements for preparation of the paperwork/Court bundle. The cost of representation is added as stipulated above and calculated on an hourly basis.

NOTE

In certain circumstances the Court may list additional Hearings for Case Management to deal with any Applications or matters arising from the dispute. If you wish us to represent you at these Hearings, then this will be subject to our hourly rate or were agreed a fixed fee. Please note, it may not always be possible due to the complexity of matters to offer fixed fees

Contact a member of our Dispute Resolution team to find out how we can help.