Commercial Disputes

Disputes that arise in business can become a major drain on management time and resources unless handled quickly and efficiently.

Our approach is to take a pragmatic and commercial view to protect your interest and achieve the best possible outcome in line with your commercial objectives.

Examples of the type of matters that we advise upon range from straight forward debt recovery claims through to disputes with customers, breach of contract claims, insurance disputes and negligence claims.

We are mindful of the benefits of alternative dispute resolution (ADR) such as mediation meetings and will always consider whether this is a viable option for you in trying to resolve your dispute as quickly and efficiently as possible.

 

Pursuing recovery of Debts and Losses

Isn’t it a real pain when clients do not pay your bills, or you incur losses or additional expenses because another person or organisation has not complied with or fulfilled their terms of an agreement contract? A good cash flow system is essential for a successful business. Release your valuable time and instruct us to pursue recovery of unpaid invoices or losses and expenses incurred through somebody else’s default.

We have fixed-fees for pursuing undisputed invoice debt cases.

Fixed-fees for undisputed debt recovery cases

These costs apply where your claim relates to an unpaid invoice or invoices which are 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 which might be on a fixed fee or an hourly rate. The fixed fees set out below do not include giving you any advice about your claim.

Stage 1 – Pre-Action

Is the claim against a company or individual/sole trader?

Company – letter before action: £15 plus VAT

Individual/sole trader – letter of claim: £50 plus VAT

Letters before action sent to companies usually require the debtor to pay within 14 days, but letters to individuals provide for a 30 day period in accordance with guidelines laid down by the court.

Stage 2 – Issuing Court Proceedings

Court claims – issue claim

Debt                                Court fee            Our fee

Up to £300                     £35                       £90 plus VAT

£300 – £500                   £50                       £90 plus VAT

£500 – £1,000                £70                       £110 plus VAT

£1,000 – £1,500             £80                       £150 plus VAT

£1,500 – £3,000             £115                     £150 plus VAT

£3,000 – £5,000             £205                     £150 plus VAT

£5,000 – £10,000           £455                     £170 plus VAT

£10,000 – £200,000      5% of claim          £260 plus VAT

Once the court has served the claim a debtor has 14 days in which to file a defence or enter an acknowledgement. If a defence or acknowledgement is not entered within 14 days then a request can be made to the court for judgment to be entered in default.

The fee for requesting judgment is £50 plus VAT

If judgment is obtained but not paid then further action will be required to enforce payment. This will incur further costs. We will advise you about the different enforcement options available and the different costs for each option.

 

Defending Proceedings or Claims

If you are being pursued for a debt or losses which you believe you are not responsible for we can give you advice about the claim. We will provide an initial advice at a fixed fee and give an initial opinion on the merits, action to take, whether you might have a counterclaim and the costs that are likely to be incurred. If it is a claim to settle then we will advise you about cost effective steps for resolution. If it is a claim to defend because you have good arguments then we will advise about the costs and recommended action that can be taken to protect your position. You retain control of each step of defence and we will not take any step which will incur a cost without your consent.