Information about our charges

Pengillys are committed to providing transparent and realistic estimates when it comes to costs and timescales. In accordance with our Lexcel accreditation we will provide you with a formal estimate at the beginning of any instructions and keep this estimate updated throughout the case.

Whilst it is of course difficult to give estimates that cover each and every unknown possibility we endeavour to provide as accurate estimates as possible. If circumstances change throughout the course of a matter which may have an impact on costs or timescales we will contact you to advise of the change as soon as we are able to. That said, we feel that our wealth of experience means that we are confident in providing realistic estimates at the outset.

We are obliged to advise you of the potential risks when receiving instructions, especially when it comes to litigation matters. Again, these will be explained to you prior to any work being commenced on your behalf. If this causes you specific concerns then of course we are happy to discuss them in depth with you at the outset.

We have a reputation for providing a high level of service to our clients, both existing and new. We always strive to continue those standards and our charges reflect the tailor made service we provide. We consider our charges to be competitive within the local and national market.

Where we offer a fixed fee service those costs are noted in the drop down menus below along with our fee earners’ hourly charge out rates. This includes details of any available legal aid provision within “Family & Relationships”. These are designed as a rough guide and will be tailored upon enquiry.

Please use the enquiry form or contact us for a specific tailor made estimate for our services.

We welcome all clients to our offices in Weymouth and Poundbury and whilst it is preferred if you are able to make an appointment of course in the event of an emergency we would be pleased to assist.

Payments are welcome via cheque, debit/credit card or bank transfer to the firms client account noting the correct client reference.

Here at Pengillys we know that whether you are an employer or an employee, when a claim to the Employment Tribunal becomes necessary your case will be unique. Sometimes terms can be agreed at a very early stage, in which case a Settlement Agreement is likely. On other occasions the Early Conciliation Scheme can assist.

Our fees in these cases are generally based on an hourly charging rate which is subject to VAT, currently at 20%. Your case will generally be handled by either John Walkington, who heads our Employment Team or Kim Bennett, CILEX. The average hourly charging rate for members of our employment team (see our people) is £312.50 plus VAT of £62.50 making a total of £375.

Generally it is our practice to meet with clients initially, at which meeting we can better understand the particular circumstances of your case and indicate likely costs and timescales. It is also our practice to review both costs and timescales throughout the course of a case and notify clients of any change.

Key Stages

The fees set out above cover work in relation to the following key stages of a claim:

  • Taking initial instructions, reviewing the papers and advising on merits and
    likely compensation. (This is likely to be revisited throughout the matter and
    subject to change, and where appropriate may involve seeking an Advice
    from Counsel.)
  • Entering into pre-claim conciliation where this is mandatory to explore whether
    a settlement can be reached.
  • Preparing a claim or response (often with the assistance of specialist
    Counsel).
  • Reviewing and advising on claims and/or responses from another party.
  • Exploring settlement and negotiating settlement throughout the process.
  • Preparing or considering a Schedule of Loss.
  • Preparing for 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 or reviewing a bundle of documents.
  • Reviewing and advising on the other party’s witness statements.
  • Agreeing a list of issues, a chronology and/or cast list.
  • Preparing for a Merits hearing claim, attendance at that hearing (normally by a
    Trainee) and advising you on the outcome, including a Brief to Counsel.

Occasionally clients wish to handle the claim themselves, and have our advice in relation to some of the stages or on particular issues. This can be arranged on individual needs.

How Much is it Likely to Cost?

Typically for advising in relation to a Settlement Agreement, this would be between £600 plus VAT of £120 (total £720) to £1,200 plus VAT of £240 (total £1,440).

For a simple case where the main facts are agreed and the claim is not challenged our fees are likely to be between £2,000 plus VAT of £400 (total £2,400) to £7,500 plus VAT of £1,500 (total £9,000).

At present, Tribunal fees are not payable, but medical evidence may be needed which may be in the region of an additional £500 to £2,000. It may also be necessary to seek advice from Counsel (a barrister) which may be an additional £1,800 to £3,600.

Other more complex cases where, for example:-

  • There are a number of documents and witnesses;
  • Claims are brought by unrepresented litigants in person;
  • It is necessary to defend applications, amend claims or to provide further information about an existing claim;
  • Constructive dismissal claim;
  • An automatic unfair dismissal claim;
  • Making or defending a costs application;
  • Complex preliminary issues;
  • Lack of co-operation from the opponent;
  • Counterclaims or appeals;
  • Medical evidence is needed;
  • Compliance with short or urgent deadlines.

Costs may be between approximately £10,000 plus VAT of £2,000 (total £12,000) to £20,000 plus VAT of £4,000 (total £24,000) plus disbursements which could include medical evidence (approximately £2,000) and Counsel’s fees (dependent upon the work the barrister is requested to carry out and their experience) (approximately £10,000-£12,000 including VAT).

How Long Will my Case Take?

The time that it takes from taking your initial instructions to the final resolution of the matter depends largely on the stage at which your case is resolved. If a settlement is reached during the pre-claim conciliation, the case is likely to take up to three months. If the claim proceeds to a Merits hearing, it is likely to take six to twelve months (subject to a number of factors). This is an estimate, and we will of course be able to provide you with a more accurate timescale once the relevant information about your matter is to hand.

Whether you are buying your first home,  leasing business property or undertaking any other property related transaction, there will be a number of important issues that must be carefully considered before committing yourself. Our property lawyers will advise you on these matters and guide you through what can often be a difficult process.

When deciding which solicitors to use factors such as expertise, accessibility, experience and speed of service are essential to you. Use our conveyancing online enquiry form here for a bespoke estimate and chat about how we can best act for you in what can be daunting process Buying and selling a home | Pengillys Solicitors. Alternatively give us a call on 01305 768888 where we can get as much detail as possible at the outset to give you an accurate estimate of costs and timescales.

The table below provides examples of our charges on typical transactions. Please contact us for a property/transaction specific estimate.

Conveyancing Charges –  September 2023
Purchase Price Freehold Sale  Freehold Purchase Leasehold Sale Leasehold
Purchase 
Mortgage on Purchase* 
up to £100,000 1000 1100 1250 1500 200 
£100,001- £200,000 1250 1350 1250 1500 200
£200,001 – £300,000 1350 1450 1400 1600 200
£300,001 – £500,000 1600 1650 1650 2000 200
£500,001 – £750,000  1700 1750 2100 2500 200
Re-mortgage£750.00
Company BTL Remortgage£900.00
Matrimonial Transfer (two to one)£600.00
Transfer of Equity£500.00
Declaration of Trust£400.00 (min)
Deed of Variation£600.00 (min)
Deed of Easement to grant or reserve rights£750.00
Statutory Declaration£175.00
Mutual Deeds of Covenant for F/Freehold£750.00
CHAPS fee£35.00
SDLT Return fee (also covering Infotrack costs)£125.00
LISA drawdown£100.00
Tenancy Agreement (Simple)£150.00
New Build/Conversion Supplement£400.00
Commercial LeasesBespoke quotes on each transaction but minimum £1,200
Electronic ID Check£10 per name
All chargeable to VAT at the prevailing rate

Our property team is led by Matt Rimmer (Solicitor and Principal) and you will find details of the experience and qualifications of all those within the team across both offices whom can assist with residential conveyancing Our people | Pengillys Solicitors.

Wherever possible we seek to use technology to move the process along as quickly as possible, with digital onboarding and DocuSign used by all our fee earners without further cost to you. We consider those costs to be part and parcel of our service and enable you to get the information we require to us sooner and as easily as possible, often from the comfort of your own home!

It is sometimes useful to see an indicative estimate on a “typical” conveyancing transaction. We treat each conveyancing transaction as standalone so there is rarely a “typical” transaction but even so we have provided information below of likely timescales and charges of 

  1. A typical residential freehold property
  2. A typical residential leasehold property 
  3. Remortgage of existing residential property 

1. Purchase of a freehold residential property

Our fees cover all of the work required to complete the purchase of your new house, including:

  1. Take your instructions and give you initial advice.
  2. Undertake onboarding process, verify ID and source of funds 
  3. consideration of the title
  4. approval/amendment of the contract
  5. consideration of law society protocol forms 
  6. raising searches
  7. raising enquiries as necessary 
  8. preparation of the land registry transfer & mortgage deed (as appropriate and subject to further fee)
  9. reporting to you (and your lender) throughout 
  10. exchange of contracts and completion 
  11. registration at the land registry 
  12. submission of SDLT return and settlement of the liability (subject to further fee)

The example charges below are based on a freehold residential purchase in the sum of up to £300,000.

Our fee assumes that:

  1. this is a typical freehold purchase transaction and that no unforeseen matters arise including for example (but not limited to) a defect in title which requires remedying prior to completion or the preparation of additional documents ancillary to the main transaction such as a declaration of trust or indemnity insurance .
  2. the transaction is concluded in a timely manner and no unforeseen complication arise.
  3. all parties to the transaction are co-operative and there is no unreasonable delay from third parties providing documentation.
Purchase of freehold residential property up to £300,000.
Our Fees
Legal Fee£1,300.00
Mortgage Fee£150.00
SDLT Form Completion fee£125.00
Electronic Money Transfer & Administration fee£35.00
VAT£322.00
Sub Total£1932.00
Disbursements
HM Land Registry Fee (Electronic)*£150.00
Electronic ID (excluding VAT) (per name)£10.00
Search Fees (approximately) excluding VAT*£275.00
Bankruptcy Search (per person) excluding VAT*£3.00
Land Registry Priority Search excluding VAT*£4.00
VAT*£442.00
Sub Total£530.40
Fixed Fee**£2,462.40

Please note VAT Is chargeable on costs and searches other than land registry fees.  VAT is currently charged at 20%.

*If the title is unregistered or a new title being created  the Land Registry fee will increase to £330.00.

** The above is an indication of charges on the basis of a standard transaction and on the assumption that the transaction will not prove to be substantially more complex or time-consuming than expected.  If the matter does not proceed to completion, work done and payments made up to that point will remain chargeable.

Referral fees &”no sale/no purchase” fees

We do not, and never intend to, pay a referral fee to any estate agent for introducing you to us.  

In addition, we do not undertake “no sale” or “no purchase” work. Such arrangements give rise to a conflict between solicitor and client insofar as by advising you to proceed to exchange we would be able to raise an account, a conflict that we feel would be in breach of our professional obligations to you.

Disbursements

Disbursements are costs which relate to your matter that are payable to third parties, such as Search fees and Land Registry fees. 

Stamp Duty Land Tax (SDLT)

You will pay SDLT based on the purchase price of the house but other considerations can sometimes increase or remove this altogether (see below). . You can calculate the amount you will need to pay by using HMRC’s website , 

As an example, based on a £300,000 purchase for a typical buyer whom is moving house:

Purchase price£300,000.00
Fees, disbursements and VAT (from above) £2,462.40
Stamp Duty Land Tax£2,500.00
TOTAL£304,962.40

If you are a first time buyer (and if buying jointly both of you will need to be first time buyers) you may be entitled to first time buyer relief.  You may have to pay additional Stamp Duty if you are buying a second property, have lived abroad or if you are purchasing in the name of a limited company. 

We have access to specialist accountants to advise on further reliefs such as Multiple Dwellings Relief. We will estimate your SDLT at the start of the transaction based on the information available to us at the time.

Timescale

As no two transactions are the same it is very difficult to give a “one size fits all” timescale estimate. Much will depend on factors beyond our control such as property chains, mortgage offers, choice of solicitors, location of buyers etc etc

A best guess of a typical conveyancing transaction timescales would be 6-8 weeks to exchange of contracts and completion 2-3 weeks thereafter.

We will keep you regularly updated throughout and seek to achieve your desired completion date as best we are able to.

2. Purchase of a Leasehold Property

In relation to leasehold property our fees would as above for freehold property but due to the extra work involved our fees would be higher. 

In addition to the above tasks at (1) for a freehold property above we would:

  1. review the lease and report to you on the same
  2. review the LPE1 from the landlord/freeholder and report to you on the same
  3. undertake a transfer of the freehold or share in freehold company if indeed the same is being sold
  4. provide notice of assignment (and charge) to the freeholder/management company 

The example prices provided below are based on a leasehold purchase in the sum of up to £300,000.00.

Our fee assumes that:

  1. this is a typical leasehold purchase transaction and that no unforeseen matters arise including for example (but not limited to) a defect in title which requires remedying prior to completion or the preparation of additional documents ancillary to the main transaction such as a declaration of trust or indemnity insurance .
  2. the transaction is concluded in a timely manner and no unforeseen complication arise.
  3. all parties to the transaction are co-operative and there is no unreasonable delay from third parties providing documentation.
Purchase of a leasehold residential property up to £300,000
Our Fees
Legal Fee£1,425.00
Mortgage Fee£150.00
SDLT Form Completion Fee£125.00
Electronic Money Transfer & Administration fee£35.00
VAT*£347.00
Sub total£2,082.00
Disbursements
HM Land Registry Fee (Electronic)*£150.00
Electronic ID (excluding VAT) (per name)£10.00
Search Fees (approximately) excluding VAT*£275.00
Bankruptcy Search (per person) excluding VAT*£3.00
Land Registry Priority Search excluding VAT*£4.00
VAT*£442.00
Notice of Assignment (and charge) estimate 75.00
Sub Total£605.40
Fixed Fee**£3,646.40

Please note VAT Is chargeable on costs and searches other than land registry fees.  VAT is currently charged at 20%.

* The above is an indication of charges on the basis of a standard transaction and on the assumption that the transaction will not prove to be substantially more complex or time-consuming than expected.  If the matter does not proceed to completion, work done and payments made up to that point will remain chargeable.

Management Company Fees

Deeds of Covenant can be required and fees provided by the freeholders managing agents and is often between £175-250.00 00 to be confirmed upon receipt of the LPE1. Also within the LPE1 will be costs of a land registry compliance certificate (if required) which often range between £75-125.

If the property comes with a share in the freehold company a charge is sometimes made of around £100 to provide a new share certificate.

You should also be aware that service charge  (and often ground rent) will  apply during your ownership. We will always confirm the ground rent and the anticipated service charge as soon as reasonably practicable in accordance with our CQS accreditation 

Stamp Duty  Land Tax (SDLT)

 The position would be the same as with residential freehold property on the vast majority of cases

Services and Key Stages of the process will be as above 

3. Remortgage of a residential property

When your fixed term mortgage comes to and end (or nears an end) you may look to remortgage to a new provider. Often ‘free legal’s are offered however we would strongly suggest considering independent reviews of those provides to ensure you are going to receive high levels of service.

Our estimates cover all work required to remortgage your home to a new lender, including the following steps

  1. Take your instructions and give you initial advice
  2. Undertake onboarding process, verify ID and source of funds  as needed 
  3. Liaise with your existing lender to obtain redemption statements in readiness for completion
  4. Check your legal title
  5. Raise enquiries about the property to comply with lender requirements
  6. Carry out searches and check once received.
  7. Give you advice on all documents and information received
  8. Go through conditions of mortgage offer with you & obtain your signature to the new mortgage deed
  9. Arrange for Completion and redemption of the existing loan
  10. Account to you for any proceeds due
  11. Submit the application for registration at Land Registry

 The example provided below is based on a remortgage of a freehold property valued at £200,000, with a remortgage of £100,000.

Remortgage prices

Remortgage of a property £100,000
Our Fees
Legal Fee£650.00
VAT£130.00
Sub Total£780.00
Disbursements
HM Land Registry Fee (Electronic)£30.00
Office Copy Entries (excluding VAT) per document £4.00
Search insurance (approximately)£75.00
Land Registry Priority Search excluding VAT£4.00
Bankruptcy Search (per person) excluding VAT*£3.00
VAT£17.20
Sub Total£133.20
Fixed Fee***£913.20

Please note we will charge VAT on top of our costs for the work we carry out for you.  VAT is currently charged at 20%

If you are remortgaging leasehold property further disbursements may apply.

Our fee assumes that:

  1. this is a typical remortgage purchase transaction and that no unforeseen matters arise including for example (but not limited to) a defect in title which requires remedying prior to completion or the preparation of additional documents ancillary to the main transaction such as a declaration of trust or indemnity insurance .
  2. the transaction is concluded in a timely manner and no unforeseen complication arise.
  3. all parties to the transaction are co-operative and there is no unreasonable delay from third parties providing documentation.

Timescale

The average remortgage takes approximately 3 to 4 weeks from the date of the Offer being received.

PROBATE AND ADMINISTRATION OF ESTATES COSTS INFORMATION

WHAT WE DO

In the first instance we check if there is a valid Will and if necessary, prove that the Will is the last Will of the deceased, and state who has been appointed to sort out their Estate – their Executors.  

If there is no Will there is a strict order under the Intestacy Rules as to who can administer the Estate and we can help with this.  

We will ask you to provide us with the details of the assets and liabilities of the person who has died.  We can ascertain the size and value of the Estate in order to advise you and also to establish whether any Inheritance Tax is payable.

Executor and Administrator Responsibilities

As a named Executor or an Administrator, there are responsibilities involved in dealing with the Estate of the person who has died.

Debt

An Executor or Administrator is personally liable for any unknown debt of the deceased.  They can protect themselves from such liabilities by advertising for claims to be made within a stated time and it is important that you seek our advice on this matter in order that you can safely distribute the Estate.

Inheritance Tax

An Executor or Administrator is also liable for Inheritance Tax which may also be payable including any gifts made by the deceased within seven years of the death.  There are a number of exemptions and reliefs to reduce Inheritance Tax liability, which we can advise you on.

Distribution of the Estate

Distribution of any property or money to the beneficiaries who are entitled to it.

We offer two separate services, Grant of Representation only and full administration of the Estate.

Our Fees and basis for charging – From 1st September 2023

All fees are subject to valued added tax (VAT) currently at 20%

Grant of Probate only:

  1. There is a Will and no IHT payable and no IHT form needed (depending on the level of work involved) – £2,000 plus VAT.  We will obtain or require you to provide us with all the information in connection with the deceased’s estate.  We will prepare the relevant paperwork and the Statement for the Personal Representatives to sign.  We will submit the Statement to the Probate Registry.  When we receive the Grant of Representation and copies we will forward this to you to administer the Estate.
  1. There is a Will and no IHT payable with completion of a full IHT400 form and supporting schedules will be in the region of £2,500 plus VAT.  Our work is as above plus completion and submission of the IHT papers.
  1. There is a Will and IHT payable with the completion of an IHT400 together with supplementary pages for submission to HMRC – £3,000 plus VAT. Our work is as above plus payment of IHT and correspondence prior to Grant with HMRC.

*For an Intestacy £500 plus VAT is to be added to each of the above*

Our fees for the full administration of the Estate where a Grant of Probate is required will begin at £3,000 plus VAT and will depend upon the individual circumstances of the matter. We will provide a full estimate of our costs in our Terms of Business after our initial meeting. Our costs will be based upon the hourly rates set out in the Terms of Business  which within the Private Client team is an average hourly rate of £298 plus VAT currently at 20%.  Our charges are calculated based on the time spent by the solicitor assisting you with this and will include:-

Meetings, research and drafting, plus the number of letters, emails and telephone calls required.  Our charges will also contain an element based on the Estate.  This is because the value is a reflection of the importance of the matter and, consequently, the responsibility of this firm.  Therefore, we will also charge between 1 and1.5% of the gross value of the estate (excluding any residence in which the deceased resided where the rate will be up to 0.5% – 0.75%).  There will also be certain additional fees (known as disbursements) such as Court fees etc., some of which are set out below, which we shall incur on your behalf, and which will be added to our account.  

Full Administration of the Estate

What we do

We will deal with the following:-

  • Advise you in your capacity as the Personal Representatives of your duties.  
  • Establish if there is any Inheritance Tax payable.
  • Obtain all details for the preparation of the necessary forms and for the administration.
  • Write to the relevant asset holders to obtain details of amounts held by them.
  • Write to any creditors indicating whether there are any debts outstanding to them.
  • Write to the legatees telling them of the legacies.
  • Organise professional valuations as the case may be in respect of a house or shares – if there is antique furniture and jewellery in the Estate we will instruct an expert to prepare a valuation for Probate purposes.
  • Organise adverts under Section 27 Trustee Act 1925 – these adverts are to protect the Personal Representatives against personal liability if an unknown claimant comes forward later.  The Notice is given by an advert in the London Gazette and an advert is placed in the local paper.
  • We will prepare the Probate papers for your signature if Inheritance Tax is payable and ask the Personal Representatives to sign the relevant IHT form.  If IHT is payable, obtain the funds to pay it.
  • Send papers to the Probate Registry.
  • We will provide you with an anticipated, realistic timetable for completion of the administration.
  • When a Grant is received we will advise the Personal Representatives.
  • Prepare for payment of debt.
  • Send office copies of the Grant to the asset holders.
  • Prepare any Corrective Account or IHT which has become necessary.
  • Make interim distributions to the residuary beneficiaries.
  • Prepare the Estate Accounts for the Personal Representatives’ approval.
  • Finalise any outstanding Income Tax liability in respect of the deceased’s affairs.
  • Distribute the residue.

Third Party Expenses (Disbursements)

In addition to our costs there will be certain additional expenses payable such as:

Probate Registry Court fee (estimate starting from £279 to £500) 

UK Search fees, bankruptcy searches, checks carried out on individual beneficiaries £2.00 to £5.00 plus VAT per search

Section 27 Trustee Act Notices (to advise for creditors of the Estate).  These range between £300 and £500 plus VAT.

Please note we charge separately for dealing with a property sale or transfer or any other related matter of any properties in the Estate.

Electronic ID Search £10 plus VAT per name.

In some cases the Principals of Pengillys are themselves appointed as the Executors of the Estate.  No separate fees billed in such cases, but charges are made for the time spent on the matter by the individual Principal appointed.

Timescales

How long will Probate or the administration of the Estate take?

Depending on a number of factors, not least the complexity of an estate and whether inheritance tax is payable, the administration of an estate can take between 12 to 24 months.  It is important to remember that circumstances vary considerably.  Further, if a third party is likely to make a claim against the estate, the process can take longer.  We confirm bespoke time estimates applicable to individual circumstances at the outset and review this periodically as matters are progressing. 

It will take several weeks to obtain all the information on the size of the estate.  If Inheritance Tax forms have to be submitted this will be the next step.  It is possible to submit the application to Probate fifteen working days after sending the IHT forms, or if later paying Inheritance Tax.  It is not possible to check on a Probate application until after another sixteen weeks.  Additionally, Probate applications cannot proceed if IHT forms have been submitted until the Probate Registry has heard direct from HMRC.

Please note this timescale does not factor in delays beyond our control which may be inevitable from third-party agencies.  This would include delays with Local Authority searches, the Land Registry, HMRC, the Probate Registry and all Courts.  We will keep you fully appraised of how these delays will impact on your transaction.

Wills

Standard Will – From £230 plus VAT per Will

Life Interest Will – From £330 plus VAT per Will

Discretionary Trust Will – From £550 plus VAT per Will

Power of Attorney

Preparation of Lasting Powers of Attorney. – £300 plus VAT per document.

Preparation of General Power of Attorney document – £300 plus VAT 

Registration of Enduring Power of Attorney – £300 plus VAT

Disbursement – £82 per document for registration of Lasting Powers of Attorney or Enduring Powers of Attorney.

Deputyship Application

Please note that this does not cover renumeration for Pengillys LLP where we are appointed as professional deputies.  Those costs are fixed or assessed by the Court – Estimate £3,000 plus VAT or as assessed by the Court of Protection.  Disbursement £385 Court fee.

Trust Work – (Existing or New)

Costs – hourly rate of the person acting on your behalf plus VAT.

Disbursements – to be advised.

Preparation of Deeds – £500 – £750 plus VAT per document. 

Release and Certification of Documents

Our costs to release Wills, Deeds or Documents where we are not instructed to act:

Any one of – Original Will, Power of Attorney or Deeds – £50 plus VAT.

More than one of the above – £75 plus VAT.

Please note we can only certify documents for existing clients.

Certified copy document – £40 plus VAT per copy.

Our Private Client team

Christopher Berry – Department Head
Chris Berry | Pengillys Solicitors

Katherine Ashley – Principal
Katherine Ashley | Pengillys Solicitors

Sherry Foot – Principal
Sherry Foot | Pengillys Solicitors

Liam Connelly – CILEX
Liam Connolly | Pengillys Solicitors

Georgia Smart – Paralegal
Georgia Smart | Pengillys Solicitors

Debt Recovery

Particularly during a credit crisis, circumstances regularly arise where companies or individuals find themselves in a position where the person or company for whom they have provided a service, or to whom they have advanced credit, fail to pay. We are regularly called upon to assist.

What is Involved?

  1. Letter of Claim
    The Letter of Claim will outline what is outstanding and the steps the person or company needs to take to avoid further action. It will also typically include a claim for interest and compensation. If the amount outstanding is not paid, we proceed to stage two;
  2. Issuing Court Proceedings
    In order to issue a Court claim, a Court issue fee is paid to HM Courts & Tribunal Service. All Court issue fees must be paid on account (see table of disbursements below). We will draft the Claim Form to include the outstanding invoice amount, interest, compensation and fixed commencement costs allowed by the Civil Procedure Rules Rule 45.2 (we will normally draft the Claim Gorm at the same time as the Letter of Claim).
  3. If the claim is not responded to, we will request Judgment as soon as possible. When requesting Judgment, we will claim further fixed costs permitted by the Civil Procedure Rules Rule 45.4.
  4. If the amount of the Judgment debt has not been paid by the debtor then enforcement action will be needed. Commonly, methods of enforcement include:-
    • High Court Enforcement Officers
    • Third Party Debt Orders
    • Charging Orders

How Much do we Charge?

Much will depend upon whether the case is straightforward (e.g. where there is non-payment of an invoice and the claim is undefended). In those circumstances, our charges are:-

  1. Value of claim less than £5,000 – £300 plus VAT of £60 (total £360) plus Court fee maximum of £205 (£185 online);
  2. Value of claim between £5,000 and £10,000 – £600 plus VAT of £120 (total £720) plus Court fee maximum of £455 (£410 online);
  3. Value of claim in excess of £10,000 – between £2,000 plus VAT of £400 (total £2,400) to £5,000 plus VAT of £1,000 (total £6,000) plus Court fee of 5% of value of claim (4.5% if issuing online).

For more information in relation to Court fees, please refer to https://www.gov.uk/make-court-claim-for-money-court-fees

In circumstances where the debts are challenged by the debtor (or where you are seeking to defend a claim) we charge on an hourly charging rate, which is between £215 plus VAT (total £258) to £325 plus VAT (total £390).  The average hourly charging rate on such claims is £280 plus VAT (total £336). We would expect to advise you clearly of the amount which is likely to be involved ( both our costs and disbursements (payments to others).

Generally, if settled without the need for Court proceedings or formal mediation, our costs are likely to be around £5,000 plus VAT of £1,000 (total £6,000) or if formal mediation and/or Court proceedings become necessary, we may charge between £8,000 plus VAT of £1,600 (total £9,600) to £20,000 plus VAT of £4,000 (total £24,000) plus disbursements. Disbursements include Court fees (see above); Process Server fees (for example, if we issue a statutory demand) (the cost of the Process Server is likely to be around £400 including VAT); barristers fees (their fees can range from £900 including VAT to £20,000 plus VAT of £4,000 (total £24,000) depending on experience and what is involved if a Trial is needed. In addition, enforcement process fees would include £66 in order to transfer a Judgment to the High Court for enforcement. We can discuss with you both our costs and your likely liability in the event of an unsuccessful claim where you may need to pay the other side’s costs. We can also discuss with you the fixed costs within small claims.

Timescales

A simple claim should be concluded within three to four months. Other claims are likely to take between six to eighteen months depending upon a number of factors including Court availability.

Who Undertakes the Work?

John Walkington – Department Head
John Walkington | Pengillys Solicitors

Kim Bennett – CILEX
Kim Bennett | Pengillys Solicitors

Joshua Walkington – Trainee Solicitor
Joshua Walkington | Pengillys Solicitors


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