Business is competitive and it is a simple fact that on occasion there are times when we disagree with others and others disagree with us. In some instances we may need assistance with identifying exactly where we stand, in others we may want to negotiate a compromise on a matter, or occasionally, there comes a point when we have to assert our legal or contractual rights.
The Court-room is often an option however negotiation, adjudication or mediation may well be better alternatives. Our experienced team of litigators know that a careful, reasoned and above all practical analysis of the position is vital to ensure that whatever route to solving a dispute is chosen it places you on the best possible footing and is as cost-effective as possible.
We have particular expertise in dealing with disputes relating to:
- Businesses and contractual terms
- Employment matters for both employers and employees
- Property and rights to property
- Trusts and administering estates
- Shareholder and boardroom disagreements
- Partnership disputes
- Corporate insolvency and acting for insolvency professionals
- Reputation management
Employment tribunals (claims and defending claims for unfair or wrongful dismissal)
Our pricing for bringing and defending claims for unfair or wrongful dismissal:
- Simple case: £6,000-£12,000 (including VAT)
- Medium complexity case: £12,000 -£30,000 (including VAT)
- Complex case: £30,000-£50,000 (including VAT)
These bands will not apply to any case which is of special complexity and we endeavour to give our clients the best estimate of fees at the outset of a matter once we have a clear idea of the complexity of the matter.
Factors that could make a case more complex:
- If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim
- Defending claims that are brought by litigants in person
- Making or defending a costs application
- Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties)
- The number of witnesses and documents
- If it is an automatic unfair dismissal claim e.g. if you are dismissed after blowing the whistle on your employer
- Allegations of discrimination which are linked to the dismissal
Disbursements
Disbursements are costs related to your matter that are payable to third parties, such as court fees. Court fees and travel expenses do not normally incur any charge to VAT. We handle the payment of the disbursements on your behalf to ensure a smoother process.
Counsel's fees estimated between £750 to £2,000 per day (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation)
Key stages
The fees set out above cover all of the work in relation to the following key stages of a claim:
- Taking your initial instructions, reviewing the papers and advising you on merits and likely compensation (this is likely to be revisited throughout the matter and subject to change)
- Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached;
- Preparing claim or response
- Reviewing and advising on claim or response from other party
- Exploring settlement and negotiating settlement throughout the process
- preparing or considering a schedule of loss
- Preparing for (and attending) a Preliminary Hearing
- Exchanging documents with the other party and agreeing a bundle of documents
- Taking witness statements, drafting statements and agreeing their content with witnesses
- preparing bundle of documents
- Reviewing and advising on the other party's witness statements
- agreeing a list of issues, a chronology and/or cast list
- Preparation and attendance at Final Hearing, including instructions to Counsel
The stages set out above are an indication and if some of stages above are not required, the fee will be reduced. You may wish to handle the claim yourself and only have our advice in relation to some of the stages. This can also be arranged on your individual needs.
How long will my matter take?
The time that it takes from taking your initial instructions to the final resolution of your matter depends largely on the stage at which your case is resolved. If a settlement is reached during pre-claim conciliation, your case is likely to take 5 - 10 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 6 to 9 months. This is just an estimate and we will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.
CFAs and DBAs. Please note we do not offer ‘no win no fee’ type arrangements (for example Conditional Fee Agreements (‘CFA’s’) or Damages Based Agreements (‘DBA’s) for this area of work.
Rob Tiffen and Sabina Haag will deal with this work.