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Rigby Golding LLP - Solicitors and Notaries Public

Litigation

We deal with a wide variety of civil disputes including:

  • Wills and Inheritance Disputes
  • Personal injury
  • Breach of Contract
  • Landlord and Tenant
  • Employment
  • Debt recovery
  • Negligence
  • Enforcing judgements

 

We have specialised in these areas of law for many years and aim to provide a personal service both to individuals and businesses, whilst dealing with your case quickly and efficiently. We have acted in a number of high profile matters where the clients have acknowledged the level of service they have received.

The litigation team is headed up by Nicholas Jamison.

We set out below guidance as to our costs in relation to litigation

GUIDANCE NOTES

Employment Law – Settlement Agreements

In compliance with the Solicitors Regulation Authority requirements, we confirm that our fees as set out below are considered by us to be fair and reasonable, having regard to the circumstances of the matter.

Once the details of the matter of the settlement agreement are better known we can assess if any additional factors, such as urgency, the complexity and importance of the matter, and the skill required for its conduct, are likely to affect these fees.

It is a legal requirement that independent legal advice before an employee signs a settlement agreement.

A settlement agreement is a legal contract between an employer and employee where an employee waives their rights to pursue legal claims against the employer in exchange for a compensation payment.

Experience

Our team has over 30 years of collective experience in delivering high quality work in all matters relating to settlement agreements and redundancy agreements in relation to employment.

We have four members of the team who may work on your matter. Regardless of who works on your matter, they will be supervised by Nicholas Jamison, Partner and Head of dispute resolution.

Hourly rates

Our charges for the time we spend on a matter are calculated using the following hourly rates which are assessed in 6 minute units:

Qualification Hourly rate charged
Partners £275 + VAT
Solicitors/Legal executives £220 + VAT
Trainees and paralegals £150 + VAT
Litigation assistants £150 + VAT

These prices are all plus VAT at the current rate of 20%.

VAT and disbursements are explained in more detail below.

Average fee ranges

At the beginning of the matter, we will provide an estimate of our likely charges however as there are so many variables in a matter such as this it may become necessary to revise our estimate. Any estimate revision will be fully discussed with you before any additional work is undertaken.

Below is an example of our fees for advising on settlement agreements. Please note that often Employers will contribute a sum towards legal fees incurred by employees taking advise on legal settlement agreements and this sum is usually set out in the agreement.  This is not guaranteed to cover all legal expenses so you may also need to pay.

Review and Advice for an Employee – this is a fixed fee of £500 + VAT and covers the below

  1. A settlement agreement with no restrictive covenants that require negotiation or advice
  2. No advice is required on share options
  3. The financial package offered to the employee is agreed and not disputed
  4. There are no more than 2 versions of the settlement agreement reviewed / signed.

If the matter does not fall within the above parameters, then the matter will be charged applying our normal hourly rates. We would estimate £750 + VAT to £2000 + VAT at the current rate of 20%.

Standard Reaffirmation for employee

This involves a second signing of the settlement agreement. The majority do not require this, but the ones that do usually include a period of employment after the agreement has been signed. Our fees for this service are £150 + VAT at 20%.

Drafting for Employer

Work of this nature is charged using our normal hourly rates. An estimate of £800 – £1200 + VAT (at 20%) is a starting point depending on complexity.

We can also offer advice on the conduct of negotiations and subsequent amendments to a settlement agreement. These are also charged on the same basis and the level of support for the individual case.

Additional factors

The above are average prices based on recent instructions and assume a straightforward transaction without unforeseen complexity or issues. The actual cost will depend on the details of your particular transaction and whether any additional matters must be taken into account. Additional matters which can increase costs include, but are not limited to:

 

  • The other side acting in person.
  • The costs being disputed by the other side.
  • There being more witnesses or documents than normal.
  • Preliminary issues which may need to be determined by the tribunal.

Items to note

The VAT element of our fee cannot be reclaimed from the other party.

The costs include the work involved with:

  1. Taking your initial instructions and reviewing the relevant documents and advising on relevant legal principles.
  2. An explanation of the terms and conditions of the settlement agreement.
  3. Negotiating alternative or improved terms where appropriate.
  4. Sign a legal advisor’s certificate.

We will ask you to pay money on account at the beginning of the matter and again at particular stages of the case unless the work is done under a fixed fee.

The costs quoted above do not include enforcement action or any appeals.

Timescale

Matters usually take a few weeks to resolve, but this will vary depending on the complexity of the matter.

 

 

Debt Recovery

 

In compliance with the Solicitors Regulation Authority requirements, we confirm that our fees as set out below are considered by us to be fair and reasonable, having regard to the circumstances of the matter.

Once the details of the matter are better known we can assess if any additional factors, such as urgency, the complexity and importance of the matter, and the skill required for its conduct, are likely to affect these fees.

Experience

Our team has over 30 years of collective experience in delivering high quality work in all matters relating to debt recovery for example unpaid invoices, unpaid rent, money due under contract.

We have four members of the team who may work on your matter. Regardless of who works on your matter, they will be supervised by Nicholas Jamison, Partner and Head of dispute resolution.

Hourly rates

Our charges for the time we spend on a matter are calculated using the following hourly rates which are assessed in 6 minute units:

Qualification Hourly rate charged
Partners £275 + VAT
Solicitors/Legal executives £220 + VAT
Trainees and paralegals £150 + VAT
Litigation assistants £150 + VAT

These prices are all plus VAT at the current rate of 20%.

VAT and disbursements are explained in more detail below.

Average fee ranges

These costs apply where your claim is in relation to an unpaid invoice which is not disputed and enforcement action is not needed. If the other party disputes your claim at any point, we will discuss any further work required and provide you with revised advice about costs if necessary.

At the beginning of the matter, we will provide an estimate of our likely charges and disbursements however as there are so many variables in a matter such as this it may become necessary to revise our estimate. Any estimate revision will be fully discussed with you before any additional work is undertaken.

There are certain factors that will increase the complexity and likely legal costs of a claim. For example, this could be complicated legal issues or documents, fraud or dishonesty, multiple persons that a claim is made against or conflicting information.

As a general guide our fees tend to fall within the following brackets:

Service Court fee (no VAT) Estimate
Debt up to £5,000 £35 to £205 £1000 to £4000 + VAT
Debt between £5,001 and £10,000 £455 £1000 to £4000 + VAT
Debt between £10,001 and £50,000 £5% of value of claim £3000 to £7000 + VAT
Debt over £50,000 £10,000 Minimum £7000 + VAT

These prices are all plus VAT at the current rate of 20%.

It is important to note that our fees do not include disbursement, and examples of other costs are listed below, but this is not exhaustive;

  1. Office copy documents from the Land Registry
  2. Tracing agents to locate parties and these can vary from £50 + VAT to hundreds of pounds
  3. Court fees are not included in our fees above
  4. If a barrister attends the court hearing, then their fees will be payable and this can be from a few hundred to a few thousand pounds
  5. Companies house documents or fees

What’s included in our services

Our fees include us liaising with you and taking your instructions on the matter which includes reviewing the debtor’s legal liability to pay you the debt based on the information and documentation provided by you. We will then discuss the debtor’s financial circumstances and the information we have on their ability to pay the debt owed to you.

We will then write a letter before claim and send this to debtor demanding payment and this will comply with the relevant court protocols.

If the debtor settles the debt, we will take payment and send funds to you. If the debtor does not pay the debt within the required timescales we will commence court proceedings.

Then, if the debtor does not respond to the court claim we will apply for judgement in your favour.

Once we have judgement, we will discuss the various options for enforcement with you and costs of each action.

Items to note

The VAT element of our fee cannot be reclaimed from the other party.

Interest and compensation may take the debt into a higher bracket, with a higher cost.

The costs include the work involved with:

  1. Taking instructions.
  2. Reviewing any documentation.
  3. Carrying out appropriate investigations of the debtor.
  4. Sending a letter before action.
  5. Receiving any payment and sending it to you.
  6. Where no payment is received from the debtor our fee also includes drafting and issuing the claim and applying for judgment in default where no defence is filed by the debtor.
  7. Once judgment in default is granted, we will request payment from the debtor, receive any payment, and send it to you.

The costs quoted above do not include responding to any defence or appeal filed by the debtor or enforcement action of any judgment obtained.

We will ask you to make a payment on account of fees of £1000 at the beginning of the matter and at particular stages of the case.

Timescale

Matters usually take 6 – 9 weeks from the time we are instructed to the time that payment is made, assuming no court action is necessary.

If when a claim is issued, or following judgment in default, the other side pays promptly then it is likely to take a total of 16 weeks.

If the claim is defended or there is an appeal against a judgment or an enforcement action is needed, the matter will take much longer to resolve.


Sunbury Cross, Sunbury-on-Thames, Middlesex, TW16 7AU, England Tel: 01932 765 741 Fax: 01932 765 720 DX 100350 Sunbury-on-Thames
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