LITIGATION

Debt Recovery for business

Please note we are talking here of debt recovery up to a value of £100,000.00 and not beyond and undisputed.  Our fee for a basic pre-action letter to recover a debt is  £175.00 plus Value Added Tax.

N.B.1 If the alleged debtor challenges the claim to recover the debt then we will need to consider the nature of the defence and take your full instructions.  We will then seek to give you as detailed a written estimate of costs as possible having regard to the fact that the alleged debtor challenging the claim is likely to mean that court proceedings will follow in which you may face a counterclaim.

N.B.2 Our estimate will reflect the likely complexity of the matter.  It is unlikely that we will be able to give you any fixed fee proposal for the work.  After providing an initial estimate we will:-

  • Require you to formally instruct us in writing and pay upfront the amount of the initial estimate.
  • Thereafter we will notify you if our costs on a recorded time basis are likely to exceed or have exceeded the estimate. In this case you will be required to provide further top up monies, the level of which will be advised at the time, having regard to the progress so far on the claim and anticipated likely future time to be spent.
  • We will bill you monthly during the progress of the claim having regard to recorded time spent.

Our current hourly charge out rates for litigation work are as follows:-

Partner – These range between £200.00 and £330.00 per hour depending on the circumstances

Associate – £250.00 per hour

Court fees

If the matter proceeds to court there are civil court fees payable.  These are a disbursement that you must pay and we will require payment of the court fees upfront before issuing proceedings.  If a Judgment is given for you then there are further fees for civil enforcement.  We set out below the current civil court fees and fees for civil enforcement proceedings:

Civil Court fees

Issuing Claims

Starting your Claim

Money Claims

To issue a claim for money the fees are based on the amount claimed including interest.  For Court issued claims please round fractions of pence down to the nearest penny.  Example: A fee calculated as being £1,050.5096 rounds down to a payable fee of £1,050.50.

Fee Payable
Value of your claim

Court issued claim
Up to£300£35
Greater than£300but no more than£500£50
Greater than£500but no more than£1,000£70
Greater than£1,000but no more than£1,500£80
Greater than£1,500but no more than£3,000£115
Greater than£3,000but no more than£5,000£205
Greater than£5,000but no more than£10,000£455
Greater than£10,000but no more than£200,0005% of the value of the claim
Greater than£200,000£10,000

 

Civil Enforcement proceedings

If the court has ordered someone to pay you a sum of money or to return your goods, property or land and they have not done so, you can issue enforcement proceedings.

Order to obtain information from a debtor

·        To issue an application for an order for a debtor or other person to attend court to provide information£67
·         To request a Bailiff service of an order for a debtor to attend court for questioning£135

Warrants

·         To issue a warrant of control (recovery of a sum of money)£94
·         To issue a warrant of delivery (for goods)£148
·         To issue a warrant of possession (recovery of a property or land)£148
·         To request a further attempt to execute a warrant at a new address except where a warrant has been suspended£37

Writs (High Court only)

·         Sealing a writ of control (recovery of a sum of money)£80
·         Sealing a writ of delivery (for goods)£80
·         Sealing a writ of possession (recovery of a property or land)£80

Where a warrant or writ of delivery or possession also includes a claim for money, there is no additional fee.

Attachment of Earnings

·         Application for an attachment of earnings order (a fee is payable for each defendant against whom the order is requested)£135

On a consolidation attachment of earnings order a fee of 10p for every £1, or part £1, of money paid into court, is deducted from the money before it is paid out to creditors.

Enforcing an award in the County Court

·         Application for the enforcement of an award for a sum of money or other decision made by any court, tribunal, body or person other than the High Court or County Court unless where exceptions apply£54

Enforcing an award in the High Court

·       Request or application

–      To register a judgment or order; or

–      For permission to enforce an arbitration award; or

–      For a certificate or certified copy of a judgment or order for use abroad

£80

Charging Order

·         Application for a charging order (a fee is payable for each charging order applied for)£135

Third party debt order

·         Application for a third party debt order (a fee is payable for each party against whom the order is requested)£135

Judgement summons

·         Application for a judgment summons£135

Certified Enforcement Agent Application

·         Other non-money fee for County Courts£377