In order to offer resolution for your dispute swiftly and cost effectively, it is critical that you instruct lawyers with a specialist understanding of the relevant issues from the outset. All opportunities to achieve settlement by way of negotiation or mediation, and therefore to avoid going to Court, will be identified at the earliest point in the case. We understand, however, that sometimes there are situations where Court action is the only practical option available and in this situation our solicitors will support you through this process as cost effectively as possible.
Our experienced dispute resolution lawyers are ready to offer advice and assistance in connection with a broad range of legal issues including:
- Contractual disputes
- Commercial debt collection
- Commercial landlord and tenant disputes
- Intellectual Property
- Recovery of service charges and ground Rent arrears under residential leases
- Shareholder disputes
- Director disputes
- Vicarious liability
Even if you can’t see your dispute in this list please do still give us a call as we may well be able to assist you in any event. We look forward to hearing from you.
- Contractual disputes: for example, disputes with builders, disputes with garages concerning motor vehicles, and disputes concerning sale of goods (these are just examples)
- Landlord and tenant disputes
- Other property disputes such as those involving problems with boundaries or rights of way and claims for ‘adverse possession’
- Debt collection
- Disputes concerning wills, trusts and/or the estates of deceased persons
- Claims against lawyers, accountants, surveyors and other professionals
- We also offer specialist dispute resolution services in the following areas of law:
- Employment Law
- Family and Children Law
- Personal Injury
The following costs apply where your claim is in relation to an unpaid invoice which is not disputed and where enforcement action is not needed.
These costs do NOT apply where your opponent disputes the claim and/or there are legal issues relating to liability which might require the input of Counsel.
If your opponent disputes your claim at any point, we will discuss the further work required and provide you with revised advice about costs, if necessary, which might be on a Fixed Fee basis (for example if simply a one-off letter is needed) or at an hourly rate if more extensive work is needed.
- If you are seeking to recover an amount not exceeding £10,000, our fees will be £1,000 + VAT
- If you are seeking to recover £10,001 – £100,000, our fees will be £1,500 + VAT
- In either case, if the issue of Court proceedings is necessary, Court fees will need to paid in addition to our fees
Anyone wishing to proceed with a claim should note that:
- Recovery of the VAT element of our fee depends on whether you are registered for VAT
- Interest and compensation may take the debt into a higher banding with a higher cost
- The costs quoted above do NOT cover cases where enforcement action, such as the bailiff, is needed to collect your debt
Our fees include:
- Taking your instructions and reviewing documentation
- Undertaking appropriate searches
- Sending a Letter Before Action
- Receiving payment and sending onto you, or if the debt is not paid, drafting and issuing the claim
- Where no Acknowledgement of Service or Defence is received, applying to the Court to enter Judgement in Default
- When Judgement in Default is received, write to your opponent to request payment
- If payment is not received within 14 days, providing you with advice on next steps and likely costs
How long will my matter take?
Recovery may take between 8 – 14 weeks from the receipt of instructions from you to the receipt of payment from your opponent. However, this is dependent upon whether or not it is necessary to ask the Court to issue a claim.
This timescale is on the basis that your opponent pays promptly on receipt of Judgement in Default. If enforcement action is needed, the matter will take longer to resolve.
David is a Director of Rich & Carr, and leads the firm’s Dispute Resolution team.
Angela is an Associate Solicitor in our Dispute Resolution team with over 27 years post qualification experience in civil dispute resolution work.