Disputes
Disputes and Debt Recovery
Advice, negotiation and, if it comes to it, litigation, from solicitors with over 25 years' experience each.
We believe civil litigation should be a last resort.
This work is carried out mainly by Gareth Edmondson and Alan Martin, both fully qualified solicitors with over 25 years' experience each in advising, negotiating and, if necessary, litigating.
Disputes can be frustrating, time consuming and upsetting, and they can become nasty and expensive if not handled correctly. Our starting point is to explore the most appropriate way of resolving your dispute before it goes to court.
Dispute resolution
Dispute resolution covers disagreements between two parties, whether individuals or organisations. There are two forms: adjudicative processes, such as litigation or arbitration, where a judge, jury or arbitrator decides the outcome; and consensual processes, such as collaborative law, mediation, conciliation or negotiation, where the parties try to reach agreement.
Mediation
In mediation, an acceptable third party, such as a solicitor, helps those in dispute reach a voluntary settlement that everyone can accept. The mediator has limited or no decision-making power and does not act as a judge, but facilitates what is in effect a formal negotiation. Advantages include the chance for both sides to have their say and stay in control, the potential for early settlement, a "without prejudice" process, and cost-effectiveness.
Litigation
If mediation or a similar process cannot settle your dispute, we provide litigation services: proceedings between two opposing parties to enforce or defend a legal right. Litigation is usually settled by agreement, but may be heard and decided in court. We are highly experienced in this difficult area of law.
Types of dispute we handle
Property disputes
Ownership of property, the right to live in a property, enforcement of mortgages, boundary claims, rights of way and the like.
Landlord and tenant
All aspects of residential tenancy disputes, including rent arrears, seeking possession of rented property and defending possession proceedings on various grounds. We are fully familiar with the law in Wales, which in many instances differs from that in England.
Contract disputes
Various types of contract dispute, including sale of goods and the supply of goods and services.
Business and commercial disputes
Disputes between the owners or shareholders of a business and between different businesses, from straightforward contract disputes to more complicated disputes over the break-up of a business.
Inheritance (probate) claims
Claims against an estate by someone who believes they should have received a share, or that their share is insufficient (an Inheritance Act claim). This also covers personal representatives failing to administer an estate, or concerns about how the administration is being handled.
Debt recovery
Recovering money owed, or dealing with money that is owed but cannot be repaid. This includes advice on bankruptcy, and covers both personal and commercial debt.
Our charges for debt recovery
For small businesses and individuals where the debt is between £10,001 and £100,000 inclusive:
| Debt recovery up to £100,000 | Our charges |
|---|---|
| Uncontested matter (average) | £540 plus VAT |
| Contested matter (average) | £3,500 to £6,000 plus VAT |
| Average hourly rate | £150 plus VAT |
These are average prices. The actual cost will depend on a number of factors, which we will discuss with you if you decide to instruct us. Where VAT is chargeable, the current rate is 20%.
There will be other expenses (disbursements) that we pay on your behalf, such as court fees, barrister's fees and enforcement fees. These are likely to be in the region of £2,500 in total, plus VAT where relevant. Normally the debtor will be expected to pay the majority of these costs, but if that is not possible you will remain liable for our costs and charges.
What the work involves
- Establishing the position on the debt (normally 2 to 3 days)
- Liaising with your debtor and others to try to resolve matters (approximately 15 working days)
- Filing documents at court (approximately 15 working days after that)
- Arranging representation at any hearing, depending on when the court lists the matter
- Following through to make sure the debt is paid. Enforcement typically takes between 2 and 4 months
Court issue fees
Our fees do not include external costs such as damages, fines, penalties or other liabilities, for which you are responsible. Court issue fees are on a sliding scale depending on the value of the debt. No VAT is payable on issue fees.
| Value of your claim | Fee payable |
|---|---|
| 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 |
| Over £200,000 | £10,000 |
Enforcement
There are many ways to enforce a judgment. If a court enforcement officer is instructed, or a judgment is secured by a charging order on a property, the typical fees are below. No VAT is payable on these fees.
| Enforcement step | Fee |
|---|---|
| Warrant of control (recovery of a sum of money) | £83 |
| Warrant of delivery (for goods) | £130 |
| Warrant of possession (recovery of property or land) | £130 |
| Further attempt to execute a warrant at a new address (except where a warrant has been suspended) | £33 |
| Charging order on a property | £119 |
Court fees are set by the courts and can change; we will confirm the current figures when you instruct us. For fixed-fee advice on claims up to £10,000, see small claims advice.
Get in touch today
Talk to us about your matter
Call us, or send a short enquiry and the right member of our team will get back to you. Face-to-face appointments are by prior arrangement.