The amount of work required to deal with a claim varies according to a number of factors including:
- the value and complexity of the case;
- the amount of relevant documents to review;
- the number of witnesses to interview;
- the number of issues requiring expert evidence;
- the likely length of trial;
- the amount of effort made to reach settlement; and,
- the stage of the process at which settlement is reached (if at all).
We offer a one hour meeting at a fixed cost of £100 plus VAT at which we will:
- discuss the background of your dispute with you;
- identify the extent of the initial work required;
- provide you with our initial thoughts on your legal position;
- discuss the basis on which we will charge; and
- provide you with our initial view on our estimate of costs.
We usually charge on a time basis. However, where it is possible to clearly identify the amount of work required to carry out a particular step in the process, we may be able to offer you a fixed fee for this. There are other types of charging arrangements that we may be able to enter into with linked funding options. Please see the link below on “FUNDING OPTIONS” for further information.
Subsequent steps in the case
The procedural steps required by the court differ depending on the value of the claim but typical steps required up to the end of the trial include the following:
- Investigating the merits of your case
- Pre-action correspondence with your opponent
- Considering offers of settlement and alternative dispute resolution (see link on RISKS below)
Statements of case
- Instructing your barrister and attending at an initial conference with him/her if necessary
- Preparing the formal court document setting out your position (e.g. Claim Form, Particulars of Claim, Defence, Reply to Defence) and filing at court
- Considering the formal court document setting out your opponent's position
Case Management Conference
Preparing the documents required for and attending at the first hearing at court at which it will consider the management of the claim
Disclosure and inspection
- Collecting, listing and serving on your opponent the documents that you have that are relevant to the claim and preparation of relevant reports
- Considering the documents listed and disclosed by your opponent
- Preparing the witness statements for your witnesses
- Considering the witness statements of your opponent
- Identifying and instructing suitable experts
- Reviewing and approving draft experts' report
- Considering opposing experts' reports
- Dealing with a meeting of each side's experts
Preparing the documents required for and attending the court hearing at which the court will give final directions for trial
- Agreeing and preparing trial bundles
- Instructing your barrister and attending a pre-trial conference with him/her
- Contact with witnesses
- Attending trial
- Considering draft judgment
- Advice on settlement and settlement negotiations
- Preparing and/or advising on Part 36 Offers of settlement (see link on RISKS below)
- Preparing for and attending mediation or dealing with other forms of alternative dispute resolution (see link on RISKS below).
Once the pre-action correspondence has been completed and we have considered your opponent's position, we will be in a position to provide you with an estimate for the work set out above.
There may be other steps that are required depending on what applications in the proceedings you or your opponent may make (e.g. applications for the disclosure of specific documents, requests for further information) and the directions given by the court. We will advise you on the estimated costs of dealing with these steps if and when they are contemplated.
If at any stage it looks like our estimate is likely to be exceeded, we will contact you with a revised estimate. We normally bill on a monthly basis and will review actual fees against our estimates when each bill is submitted.
As well as payment of our fees, there are other out of pocket expenses that you may incur, these include the following:
- court fees – these differ if you are claimant or defendant and depending on the value of the claim;
- barristers' fees – these differ based on the experience of the barrister selected, we will obtain quotes for you to consider at the time the barrister is to be instructed; and
- experts' fees – these differ depending to the type and experience of the expert instructed, we will obtain quotes for you to consider at the relevant time.