Debt Recovery for Businesses

Court Claims

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, which could be on a fixed fee (e.g. if a one off letter is required), or an hourly rate if more extensive work is needed.

Our solicitors charge in the range of £175 – £200 per hour plus VAT depending on their experience and seniority and the complexity of the case.

Typically for a debt recovery of up to £5,000 our fees will be in the region of £1,000 plus VAT plus court fees which will be advised in writing in advance. For a debt recovery of between £5,000 to £10,000 our fees will be in the region of £1,500 – £2,500 plus VAT. For claims more than £10,000 but less than £50,000 our fees will be in the region of £3,500 – £10,000 plus VAT. These figures are by way of example only and utilise the above hourly rates. Court fees and other third party disbursements are payable in addition and will always be advised in writing in advance.

Anyone wishing to proceed with a claim should note that:

The VAT element of our fee cannot be reclaimed from your debtor.

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

The costs quoted above are not for matters where enforcement action, such as the
bailiff, is needed to collect your debt.

Our fee includes:

Taking your instructions and reviewing documentation

Undertaking appropriate searches

Sending a letter before action

Receiving payment and sending onto you, or if the debt is not paid, drafting and
issuing claim

Where no Acknowledgment of Service or Defence is received, applying to the court
to enter Judgement in default

When Judgement in default in received, write to the other side to request payment

If payment is not received within X days, providing you with advice on next steps and likely costs

Matters usually take 8-12 weeks from receipt of instructions from you to receipt of payment from the other side, depending on whether or not it is necessary to issue a claim. This is on the basis that the other side pays promptly on receipt of Judgement in default. If enforcement action is needed, the matter will take longer to resolve.

Employment Tribunal: Range of Costs

Our pricing for bringing and defending claims for unfair or wrongful dismissal

Simple case: £2,500-£5,000 (excluding VAT, charged at 20%)

Medium complexity case: £5,000-£10,000 (excluding VAT, charged at 20%)

High complexity case: £10,000 – £20,000 (excluding VAT, charged at 20%)

Factors that could make a case more complex:

If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim

Defending claims that are brought by litigants in person

Making or defending a costs application

Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties)

The number of witnesses and documents

If it is an automatic unfair dismissal claim e.g. if you are dismissed after blowing the whistle on your employer

Allegations of discrimination which are linked to the dismissal

There will be an additional charge for attending a Tribunal Hearing of £1,000 per day (excluding VAT, charged at 20%). Generally, we would allow 3-4 days depending on the complexity of your case.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

Counsel’s fees estimated between £1,000- £1,500 per day (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation)

Key stages

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

Taking your initial instructions, reviewing the papers and advising you on merits and likely compensation (this is likely to be revisited throughout the matter and subject to change)

Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached;
Preparing claim or response

Reviewing and advising on claim or response from other party

Exploring settlement and negotiating settlement throughout the process

preparing or considering a schedule of loss

Preparing for (and attending) 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 bundle of documents

Reviewing and advising on the other party’s witness statements

agreeing a list of issues, a chronology and/or cast list

Preparation and attendance at Final Hearing, including instructions to Counsel

The stages set out above are an indication and if some of stages above are not required, the fee will be reduced. You may wish to handle the claim yourself and only have our advice in relation to some of the stages. This can also be arranged on your individual needs.

How long will my matter take?

The time that it takes from taking your initial instructions to the final resolution of your matter depends largely on the stage at which your case is resolved. If a settlement is reached during pre-claim conciliation, your case is likely to take 4-6 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 12-16 weeks. This is just an estimate and we will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.

Next Steps

If you would like a free no obligation consultation and accurate quote, please get in
touch with us on 0121 268 3208 or email info@onyxsolicitors.com