The majority of disputes end in settlement or compromise rather than being decided by a court. Settlement can be achieved by simple negotiation, as a result of mediation or some other form of alternative dispute resolution. However, in certain circumstances court proceedings are the only alternative to settle the matter.
We can advise and assist you through the litigation process from the early assessment of your case and consider the prospects of your success. We can ensure the correct pre action protocols have been followed, we can negotiate on your behalf, assist in drafting claims and all other court documents and guide you through the court process and timetables. We will ensure that your case is fully prepared for trial if a settlement is not achieved before then.
Our professional service includes:
- Tailored advice and strategy designed to meet your personal goals or business objectives.
- Advising pragmatically in respect of the strengths of your claim or defence.
- Follow correct pre-action conduct in line with the relevant Pre-Action Protocol, including serving letters of claim, engaging in settlement discussions, advising in respect of Alternative Dispute Resolution methods, and completing documentation to prove Pre-Action compliance to the court.
- Preparing and submitting your claim to the relevant court, including drafting witness statements, collating evidence, and arranging service of the claim on the Defendant if necessary.
- Filing intention to defend and preparing your defence if a claim is made against you.
- Disclosure and consideration of documents.
- Instructing barristers for representation at any hearings.
- Appealing any adverse decisions.
- Enforcing any judgments if required.
Professional fees:
Normally, instructions in respect of all litigation matters are undertaken on the basis of an hourly rate. Our standard hourly rate is £300 plus vat equating to £360. All disbursements are additional such as the court fee/ expert / barrister.
Time scale:
Once a claim has been issued in court, the other side will be served with your claim. Usually, the court will provide directions on how the case will be managed at this stage, and they will set a first hearing date, which gives time for evidence to be filed before that hearing.
Once served, the other side has 14 days to acknowledge and file a defence.
If a defence is sent to the court, you have 14 days to file any further evidence in reply to that defence.
In reality, either party may need more time to gather and prepare evidence, especially with complex disputes, so the first hearing may be used to ask for an extension.
The process of litigation can be divided into three broad stages:
Issuing proceedings/Filing a defence;
Pre-trial procedures;
Trial.
Upon receiving instructions, we will provide you with an initial list of documents and carry out a fact finding exercise. If your matter is urgent it will be dealt with as a priority. We shall keep you informed of the progress of your matter throughout the entire process.
The court fee is based on the amount you’re claiming, plus any interest.
| Claim amount | Fees |
|---|---|
| Up to £300 | £35 |
| £300.01 to £500 | £50 |
| £500.01 to £1,000 | £70 |
| £1,000.01 to £1,500 | £80 |
| £1,500.01 to £3,000 | £115 |
| £3,000.01 to £5,000 | £205 |
| £5,000.01 to £10,000 | £455 |
| £10,000.01 to £200,000 | 5% of the claim |
| More than £200,000 | £10,000 |
Please contact us today for further advice and assistance on 020 3002 9147, 075 8293 2830 or email us at info@aschfordslaw.com.