How long will my house take to purchase?

How long it will take from your offer being accepted until you can move in to your house will depend on a number of factors. The average process takes between 6 to 12 weeks. It can be quicker or slower, depending on the parties in the chain. For example, if you are a first time buyer, purchasing a new build property with a mortgage in principle, it could take 4 to 6 weeks. However, if you are buying a leasehold property that requires an extension of the lease, this can take significantly longer.  In such a situation additional charges would apply.

Stage of the process

The precise stages involved in the purchase of a residential property vary according to the circumstances. However, below are some key stages for your purchase for your information:

• Take your instructions and give you initial advice

• Check finances are in place to fund purchase and contact lender’s solicitors if needed

• Receive and advise on contract documents

• Carry out searches

• Obtain further planning documentation if required

• Make any necessary enquiries of seller’s solicitor

• Give you advice on all documents and information received

• Go through conditions of mortgage offer with you

• Send final contract to you for signature

• Agree completion date (date from which you own the property)

• Exchange contracts and notify you that this has happened

• Arrange for all monies needed to be received from lender and you

• Complete purchase

• Deal with payment of Stamp Duty/Land Tax

• Deal with application for registration at Land Registry

Our estimated fees are to be found in the following table.  These fees are for our acting for you in relation to the conveyancing of a single residential sale or purchase. This will include the discharge of a mortgage with a lender who signs up to the Council of Mortgage Lenders handbook (CML) on a sale or the taking out of a mortgage with a CML lender to complete a purchase (unless that lender is separately represented by another lawyer). Our fee assumes that this is a standard 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; this is the assignment of an existing lease and is not the grant of a new lease; the transaction is concluded in a timely manner and no unforeseen complication arise; all parties to the transaction are co-operative and there is no unreasonable delay from third parties providing documentation; no indemnity policies are required. Additional disbursements may apply if indemnity policies are required.

For cases over £5,000,000 our fees are 0.15% of the sale or purchase price plus VAT charged at 20%.

In addition, the following fees will apply:

Electronic TT: £40 + VAT charged at 20% (£48)
AML ID: £50 + VAT charged at 20% (all) per person/company (£58)
Additional fees for leasehold/share of freehold property £200 + VAT charged at 20% (£240).

Additional fees for unusual sale/purchase situations

Estimated disbursements for a purchase

Disbursements are costs related to your matter that are payable to third parties, such as search fees. We handle the payment of the disbursements on your behalf to ensure a smoother process. There are certain disbursements which will be set out in the individual lease relating to the Property. The disbursements which we anticipate will apply are set out separately below. This list is not exhaustive and other disbursements may apply depending on the term of the lease. We will update you on the specific fees upon receipt and review of the title from the seller’s solicitors.

• Land Registry fees – these will vary and please follow this link for more information: http://landregistry.data.gov.uk/fees-calculator.html

• Searches will usually cost between £300 to £500 per property.

• Lawyer Check – check on other solicitors £10 + VAT charged at 20%

• If you are buying a leasehold or share of freehold property, the following may apply: Notice of Transfer fee – This fee if chargeable is set out in the lease. Often the fee is between £50 to £150. Notice of Charge fee (if the property is to be mortgaged) – This fee is set out in the lease. Often the fee is between £50 to £150. Deed of Covenant fee – This fee is provided by the management company for the property and can be difficult to estimate. Often it is between £100 to £200. Certificate of Compliance fee – To be confirmed upon receipt of the lease, as can range between £100 to £200. These fees vary from property to property and can on occasion be significantly more than the ranges given above. We can give you an accurate figure once we have sight of your specific documents.

You should also be aware that ground rent and service charge are likely to apply throughout your ownership of the property. We will confirm the ground rent and the anticipated service charge as soon as we receive this information.

SDLT (stamp duty)

• This depends on the purchase price of your property. You can calculate the amount you will need to pay by using HMRC’s website or if the property is located in Wales by using the Welsh Revenue Authority’s website. Please follow this link for more information: https://www.tax.service.gov.uk/calculate-stamp-duty-land-tax/#/intro

Estimated disbursements for a sale

• Fees of between £10 to £50 for a copy of your legal title and any leases.
• Fees of between £100 to £450 for a pack from your management company if you are selling a leasehold or share of freehold. We will not know this amount until we have contacted your management company.

Some of the disbursements listed above may be subject to VAT charged at 20%.

Please contact our Residential Property team who will be happy to provide a “no obligation” quote based on an estimate of the work involved in your matter.

For cases over £1,250,000 our fees are 0.015% of the sale or purchase price plus VAT charged at 20%.

In addition the following fees will apply:

Electronic TT: £40 +VAT charged at 20% (£48)
AML ID: £50 + VAT charged at 20% (all) per person/company (£58)

Estimated disbursements for a remortgage

• Land Registry fees – these will vary and please follow this link for more information: http://landregistry.data.gov.uk/fees-calculator.html
• Searches will usually cost between £300 to £500 per property. In some situations, indemnity insurance can be obtained instead. This will depend on your lender’s instructions. Indemnity insurance is considerably cheaper than searches.
• If you are re-mortgaging a leasehold or share of freehold property, the following may apply: Notice of Charge fee – This fee is set out in the lease. Often the fee is between £50 to £150. Certificate of Compliance fee – To be confirmed upon receipt of the lease, as can range between £100 to £200. These fees vary from property to property and can on occasion be significantly more than the ranges given above. We can give you an accurate figure once we have sight of your specific documents.
• Fees of between £10 to £50 for a copy of your legal title and any leases.

Fees of between £100 to £450 for a pack from your management company if you are re-mortgaging a leasehold or share of freehold, unless you have the information needed by your lender. We will not know this amount until we have contacted your management company.

Some of the disbursements listed above may be subject to VAT charged at 20%.

Please contact our Residential Property team who will be happy to provide a “no obligation” quote based on an estimate of the work involved in your matter.

Our costs for the above (not including attendance at a Tribunal hearing) are as follows:

• £1,950 + VAT charged at 20% and disbursements together with £40 + VAT charged at 20% for postage and packaging, per flat for 2 to 9 flats
• £1,650 + VAT charged at 20% and disbursements together with £40 + VAT charged at 20% for postage and packaging, per flat for 10 to 19 flats
• £1,250 + VAT charged at 20% and disbursements together with £40 + VAT charged at 20% for postage and packaging, per flat for 20 to 29 flats

In addition to the fees quoted above, our fees for identity checks will be charged as follows: £30 + VAT charged at 20% per individual, £50 + VAT charged at 20% per company or £50 + VAT charged at 20% per overseas individual. 

Please note: for tax purposes we would advise that all participating tenants extend their leases to 999 years immediately after completion of the freehold acquisition. If the leases are extended immediately, the consideration you pay for the freehold is deemed to be payment for the lease extension also.  As such there can be no increase in value between when the freehold is acquired and when the leases are granted and therefore there can be no chargeable gain. You should seek tax advice in this regard if you have any concerns.

The lease extension is not included in our enfranchisement fixed fee and our additional costs are £750 plus VAT and disbursements per flat.

Disbursements (items we pay out on your behalf payable no matter which firm you instruct which are shared between the participants)

• £45 Land Registry fees*
• Company Incorporation Fee – Allow between £80 and £150
• £20 to register a Unilateral Notice to protect your claim against the freehold title
• £9-20 per flat for Official Copy Entries
• £40 + VAT charged at 20% Bank Fee for instant Telegraphic Transfer to ensure the funds are received by your landlord
• £110 Tribunal Application and £220 Tribunal Hearing fees
• Stamp Duty Land Tax if the purchase price is above £125,000 (see below)

* if the premium you pay the Landlord is above £80,000 then the Land Registry fees will increase by the following: 

Stamp Duty Land Tax (SDLT)

If a flat’s contribution is above £125,000 then you will have to pay SDLT to HMRC. This is payable at the following rates:

A SDLT return is required for a contribution over £40,000 although no tax is payable up to £125,000.

If you own more than one property your flat’s contribution may be subject to the higher rate of SDLT. This is payable at the following rates:

Legal Costs That Are Not Included

Please note that the following legal costs are not included in the service however they are very unlikely (less than 1% of applications issued):

• Costs for us having to attend a First Tier Tribunal hearing. The costs for a day hearing will be £1,000 + VAT charged at 20% however be represented just by your surveyor if the dispute relates to the purchase price only.
• If an application to the County Court is required for a vesting order then additional costs of £1,000 + VAT charged at 20% will be charged with a Court fee of £332 for making an initial application. If the application is required due to the fact you are unable to complete within two months of the terms (i.e. the premium and lease) being agreed, then it is highly likely you will be liable for the landlord’s litigation costs which we would estimate to be in the region of £5,000 – £10,000. It is for this reason that you must ensure you are able to raise completion funds before embarking on the statutory procedure. 

How long will it take to complete the administration process? 

This will generally depend on a number of factors including the extent, the location and the nature of the assets held by the deceased person at the time of death and the time taken to ascertain the probate value in respect of the same. For instance the administrative duties of an estate with one or two bank accounts, a property in the United Kingdom and one or two beneficiaries could take between 3 to 6 months to complete, whereas an estate with a range of different type of assets, some of which need to be sold to settle outstanding debts could take a minimum of 8 to 12 months. 

PROBATE PRICING INFORMATION

Applying for the grant, collecting and distributing the assets

Due to the nature of Probate work and varying circumstances our fees are estimates and we advise you to contact us for your bespoke quote.

As a guide, we have provided examples of our likely costs for a very simple estate where inheritance tax is not payable (Example 1 below), and a slightly more complex estate where a charge to inheritance tax arises (Example 2 below). We have also outlined disbursements typically incurred during a probate, which are in addition to our charges for legal advice, as well as factors which may make the administration of an estate more complex.

Our charges are based on the time it takes to administer an estate for you. We do not charge an additional ‘value element’ based on the value of the estate involved. Day-to-day work will usually be managed by an associate with a partner overseeing the administration as a whole. Rates ranging from £300 (for a junior associate) to £400 (for a senior partner) per hour + VAT charged at 20%.

Our estimated fees for each example are shown below, but the exact figure will depend on the circumstances.

Example 1: Fees range between £4,500 to £10,000 + VAT charged at 20% and disbursements

This estimate is for estates where:

• The deceased was UK domiciled.
• There is a valid will.
• All the assets are in the UK.
• There is no more than one property or one share in a property which is registered at HM Land Registry. (This does not include the costs of sale).
• There are no more than four bank or building society accounts.
• There is no more than one portfolio of shares managed by a single investment manager.
• There are no other intangible assets.
• Valuations of assets and liabilities are straightforward.
• There are up to five cash legacies given outright to beneficiaries (no trusts apply).
• There are up to three residuary beneficiaries (no trusts apply).
• Beneficiaries have all been identified and traced.
• There is no inheritance tax payable and the executors do not need to submit a full account to HMRC.
• There are no lifetime gifts which were made by the deceased which are reportable to HMRC.
• There are no claims made against the estate.
• There are no disputes between beneficiaries on the division of assets or other disputes involving either executors or beneficiaries. If disputes arise this is likely to lead to an increase in costs.

Our costs for dealing with the above estate are likely to range between £4,500 to £10,000 + VAT charged at 20% and disbursements. The time required to complete the administration would usually be between 15 to 25 hours.

Example 2: Fees range between £25,000 to £60,000 + VAT charged at 20% and disbursements

This estimate is for estates where:

• The deceased was UK domiciled.
• There is a valid will.
• All the assets are in the UK, or up to two non-UK assets for which the valuation figures (including conversion into GBP) are readily available.
• There are no more than two property interests which are registered at HM Land Registry. (This does not include any costs of sale or transfer).
• There are no more than eight bank or building society accounts.
• There are no more than two portfolios of shares managed by not more than two investment managers.
• There are no other intangible assets.
• Valuation of assets and liabilities are straightforward.
• There are up to ten cash legacies given outright to beneficiaries (no trusts apply).
• There are up to five residuary beneficiaries.
• Beneficiaries have all been identified and traced.
• Executors need to submit a full inheritance tax return to HMRC.
• There is inheritance tax payable and reliefs may be claimed. Any negotiations over valuations with HMRC are resolved swiftly and do not become protracted.
• There are lifetime gifts made by the deceased and these are straightforward to report to HMRC.
• There are no claims made against the estate.
• There are no disputes involving either beneficiaries or executors.

Our costs for dealing with the above estate are likely to range between £25,000 to £60,000 + VAT charged at 20% and disbursements. The time required to complete the administration would usually be between 45 to 100 hours.

The exact cost incurred in respect of the matter will really depend on the individual circumstances of the matter. For example, if there is one beneficiary and no property, costs will be at the lower end of the range. If there are multiple beneficiaries, a property and multiple bank accounts, costs will be at the higher end.

The cost will also depend on the extent of assistance required by you in respect of this matter.

Disbursements

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

We will also ask for a payment on account to cover basic disbursements. The usual amount requested is £1,000.

Examples of the most common disbursements are listed below:

• Probate application fee – £300
• Copies of the Grant (if required) – £16 per copy
• Bankruptcy only Land Charges Department searches – £6 per beneficiary
• Advertisement in The London Gazette to protect against unexpected claims from unknown creditors – £200 (approx.) + VAT charged at 20%
• Advertisement in a local newspaper to help protect against expected claims – £200 (approx.) + VAT charged at 20%.

Potential additional costs

Additional costs are likely to apply where:

• The deceased was not UK domiciled or was deemed UK domiciled, this will usually require investigation and careful reporting.
• Estates where the deceased had assets or liabilities in multiple jurisdictions.
• The deceased held business interests or agricultural property.
• Dealing with an intestate estate (where the deceased did not leave a Will).
• If the estate consists of any shareholdings (stocks and bonds) that are not managed by an investment manager there are likely to be additional costs that could range significantly depending on the estate and how it is to be administered. We can give you a more accurate estimate once we have more information.
• Costs incurred in dealing with the sale or transfer of any property in the estate are not included.
• Inheritance tax, income tax and capital gains tax, if relevant, will be additional costs for the estate to settle.
• Although we shall advise on inheritance tax issues, any additional tax advice (for example, income tax and capital gains tax) will be provided only where specifically agreed.
• If the deceased held assets in multiple names, this may give rise to additional costs.
• If the deceased was entitled to benefit from trusts during their lifetime or was entitled to an inheritance from an estate which had not yet made a distribution, this will usually lead to increased costs.
• If beneficiaries wish to vary their entitlement to the estate, this will be charged separately.

How long will this take?

It is difficult to estimate accurately how long the probate and estate administration process will take to complete, as we are dependent on third parties (notably HMRC and the Probate Registry) at crucial stages of the matter.

We have, however, set out below all of the steps that are usually followed when dealing with probate matters and provided an estimate of the time periods that are likely to be incurred at each stage of the process. 

For a straightforward estate where there is no need to complete a full inheritance tax account, we would usually expect an average estate administration to take between 8 to 12 months.

For a simple matter, such as Example 1 above, we would hope to collate all necessary information within 2 to 3 months and would then submit the probate application. The grant can take 8 to 12 weeks to be issued by the probate registry (on September 2021 timings). Collection and/or transfer of assets can then take a further 2 to 4 months. After this, we can distribute the assets, which normally takes a further 2 to 4 months.

The timeframe for a taxable matter can be longer, as there are additional steps which need to be accommodated. For example, the grant application process is made in two separate steps: first, the payment of inheritance tax must be arranged and the inheritance tax return filed; then we must wait 20 working days before the second step can be taken, to lodge the grant application itself with the probate registry.

Dealing with a relatively straightforward taxable estate will usually take between 12 to 24 months, but more complex estates (for example, those which may involve protracted negotiations with HMRC or involve multiple trust structures) can take a number of years to resolve.

Inheritance Tax – six months

Inheritance Tax has to be attended to as a priority. For this to occur, executors, estate  administration solicitors and other parties should ensure that the information pertaining to the estate, its value, its assets and liabilities is collated and provided as accurately as possible.

Inheritance Tax should be paid within six months from the date of death and failure to achieve this timescale may result in the estate’s executors or administrators becoming liable for penalties and interest.

The Executor’s Year

The “Executor’s year” is designed to give executor’s sufficient time to deal with estate assets and liabilities and to draw up accurate accounts before distributing the funds to beneficiaries. As such, personal representatives are not bound to distribute the estate until one year after the death.

Because of this, gifts of money usually only attract interest one full year from the date of death. On average estates take between six and twelve months to fully complete. However, in more complex and/or contentious cases, the process may take significantly longer. In extreme cases, it may take as many as two or more years to reach conclusion.

Please note that while our pricing information seeks to ensure that you have the information you need to make an informed choice of legal services provider, including understanding what the likely costs may be, it is only indicative, and you will be provided with more precise and personalised costs information should you decide to instruct us.

Please contact our Private Client team who will be happy to provide a “no obligation” quote based on an estimate of the work involved in your matter.

How long will it take to complete the process involved?

Lasting Powers of Attorney (LPA) matters involve a two-stage process. The initial stage involves ascertaining the relevant details and preparing the LPA documents for registration whilst the second stage involves the registration of the LPAs with the Office of Public Guardian (OPG). 

Our private client team should be able to get in touch with you within 48 hours of receiving your initial enquiry and then take immediate steps to confirm your instructions and collect all the relevant information required to complete the relevant LPA forms soon afterwards. 

Once our team has received all of the relevant information from you, they should be able to complete the forms required within a week thereafter. The forms will then be sent to the Donor and the Attorneys for their signatures. 

Our private client team will then aim to submit the LPAs to the OPG within 48 hours of receiving all the signed forms back from the Donor and each of the Attorneys.

At present, the OPG could take anything between 6 to 8 weeks to complete the registration process.

Fees

Our fees for preparing the LPA documents and notices and providing any advice about them are as follows: 

• £350 + VAT charged at 20% for LPA on Property and Financial Affairs
• £350 + VAT charged at 20% for LPA on Health and Welfare

The OPG will charge a registration fee of £92 per LPA. This fee is payable directly to the OPG.

Please contact our Private Client team who will be happy to provide a “no obligation” quote based on an estimate of the work involved in your matter.

How long will it take to complete the creation of a trust? 

The creation of a valid trust involves two stages. The first stage will be to prepare the trust document whilst the second stage concerns the transfer of the asset/s into the trust. 

The time required to prepare the trust document will depend on the nature of the trust, the functions it is expected to carry out and the extent of the assets that are to be included in it. Once your instructions in respect of these aspects of the matter have been finalised, our private client team should be able to prepare the relevant trust document/deed within a week thereof. 

The extent of the time required to transfer an asset into the trust will depend on the nature and location of the asset. Our private client team should be able to provide an estimate of this during the initial meeting. 

Fees

This will depend on the circumstances, but our starting fee is £1,500 + VAT charged at 20% (£1,800 gross) for the preparation of a Discretionary Trust.

Please contact our Private Client team who will be happy to provide a “no obligation” quote based on an estimate of the work involved in your matter.

How long will it take to finalise this matter?

Before the process begins, our private client team will arrange to have a quick chat with you over the telephone to make an assessment of the areas that need to be covered in the Will or the advice provided about the Will. At the end of the initial chat, our team should be able to confirm the fees involved.

The actual process of preparing the Will usually consists of two meetings, either in person or via a video call. 

If, at the end of the initial chat, you are happy to proceed with the Will matter, our team will arrange set up the initial meeting to take place within a week of the initial chat.  

Providing you are able to confirm your instructions about your Will by the end of the initial meeting, our team should be able to email or post the initial draft Will to you within a week thereof and help you finalise the Will within two weeks thereafter. 

Fees

Our Last Wills are not those that come “out of a box” but are drafted based specifically on your requirements and circumstances. They therefore include an in-depth assessment of your present circumstances by our specialist probate solicitor. 

Our fees for a single Will starts at £650.00 + VAT charged at 20%.

The fees for a Will also depend on the areas that need to be covered in the Will, the extent and location of the assets and liabilities of the estate, how long or how quickly the Will is to be finalised, whether it includes any trusts and the IHT implications involved. Discounts are offered if we are instructed by you and your partner and you come to any meetings together.

Please contact our Private Client team who will be happy to provide a “no obligation” quote based on an estimate of the work involved in your matter.

Our debt recovery expertise is predominantly in respect of the recovery of arrears of service charges for blocks of flats. Our intention is always to recover our costs from the defaulting lessee and/or their mortgagees so that the recovery is costs neutral for our clients. Please note however that the Leasehold and Freehold Reform Act 2024 may make this more difficult. Where this is not possible we charge £800 + VAT charged at 20% and disbursements including land registry search fees for the initial pre-action correspondence up to recovery of payment.

If proceedings are required, then we charge a further amount of £800 per hour + VAT charged at 20% and court fees to prepare and issue a money claim online and to enter a default judgment.

If the case is defended then we charge costs on a time recorded basis at an hourly charge-out rate of between £330 to £400 per hour + VAT charged at 20% and disbursements which may include counsel’s fees.

For non-landlord and tenant debt recovery, we will charge the same fixed and variable fees.

Court fees for the issue of debt proceedings will be 4.5% of the total online and 5% for a paper application. Other relevant Court fees will include £391 to £528 to issue possession proceedings;  £303 for an interim application; £119 for a consent order/charging order and hearing fees in the range of £27 to £11,175 depending on the value/track of the claim.

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.

The current Court fees are set out below:

Anyone wishing to proceed with a claim should note that:

• The VAT element of our fee cannot be reclaimed from your debtor if you are VAT registered.
• 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.
• Fixed fee regime is now in place which may limit the amount of costs we can recover from the debtor.

Our fee includes:

• Taking your instructions and reviewing documentation
• Undertaking appropriate searches
• Sending a letter before claim
• Complying with pre-action protocols
• 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 Judgment in default
• When Judgment in default in received, write to the other side and their mortgagees to request payment
• If payment is not received within 21 days, providing you with advice on next steps and likely costs including Section 146 Notices/Interim and Final Charging Orders/Orders for Sale and recovery from mortgagees.

Matters usually take 8 to 16 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 Judgment in default. If enforcement action is needed, the matter will take longer to resolve.

In the case of non-leasehold/service charge debts against a private individual we will be required to comply with the provisions of the pre-action debt protocol. This includes the provision of specified forms for financial information to the debtor and compliance with the time scale set out in the protocol which may have the effect of extending the timescales for the issue of proceedings by at least 30 days to allow for compliance with the protocol on both sides.

Please contact Nicholas Goldreich, Martin Barrett, or Zaid Anwar, who will be happy to provide a “no obligation” quote based on an estimate of the work involved in your matter.

How long will it take to complete the process?

An application for a Deputyship Order can be made in respect of the Donor’s personal welfare and/or their property and financial affairs. The duration of the process will depend on the type of applications sought. 

Once all of the details required to complete the relevant Court of Protection forms have been ascertained, our team should be able to complete the relevant documents within a week thereof. 

The application will, however, also need to be supported by a statement from a medical professional, who can confirm that the patient (the person on whose behalf the deputy wishes to act) no longer has sufficient mental capacity to deal with their own affairs. The duration of this stage of the process will depend on the workload of the said professional and how soon they are able to provide their statement.

Once all of the relevant documents and supporting evidence have been finalised or collected by our team, these documents will be submitted to the Court of Protection to be processed and the extent of time that the court may take will greatly depend on their workload at that moment in time.    

Fees

Fees are based on the extent of the work involved. Our Deputyship application for property and financial affairs fees start from £1500 + VAT charged at 20% (£1800 gross) and disbursements.

The application fee for a Deputyship Order is £421.  This does not include VAT and is payable to HMCTS.

We do carry out AML/identity checks which cost £20 + VAT charged at 20% (£24 gross) for each client.

Please contact our Private Client team who will be happy to provide a “no obligation” quote based on an estimate of the work involved in your matter.

Most of our employment work is in relation to settlement agreements between the employer and employee on the termination of employment. In those cases we will advise the employee as to the terms and effects of the offered settlement including the compensation the employee will receive.  Where appropriate we may also enter into negotiations with the employer.  Most of our fees are generally paid by the employer but if not fully paid by the employer we will charge a top up amount plus VAT to our client. That fee may be charged on an hourly basis at £400 per hour + VAT charged at 20%. This amount is unlikely to exceed £400 + VAT charged at 20%. Our fees for negotiations will be charged on an hourly basis at this rate.

In other contested/disputed employment claims we may be required to undertake and conduct proceedings in the Employment Tribunal and/or to instruct a specialist barrister and/or other expert on behalf of our client.  Those fees will be estimated and notified to you on a stage by stage basis during the conduct of such a case and charged at the above hourly rate. In certain circumstances we may be able to agree fixed fees for the key stages of such a case which will include consulting with you, taking your instructions, drafting an application to the Employment Tribunal and liaising with your employer and/or their solicitors.

When acting for the employer the same key stages and hourly charges will apply.

You do not have to pay any fees to make a claim in the Employment Tribunal.

The stages of a claim in the Employment Tribunal may include the following:

• The claim form outlining your case and the nature of the dispute: –

The average cost would be between £1,000 to £3,000 + VAT charged at 20% depending on the facts, documents and legal issues.

• The response form when a claim has been made against you:-

The average cost would be between £1,000 to £3,000 + VAT charged at 20% depending on the facts, documents and legal issues.

• Disclosure of documents which set out evidence of your claim:-

The costs depend on the number of documents and content of them. The average cost would be between £800 to £1,800 + VAT charged at 20%.

• Preparing witness statements:-

The average costs would be between £1,200 to £2,000 + VAT charged at 20%.

• A final hearing:-

The costs depend on the length of the hearing. The average costs would be between £1,200 to £3,000 + VAT charged at 20%.

All cases are fact specific and depend on their circumstances. If the estimated costs of any matter are likely to exceed any of the above then we will provide a costs estimate for that matter.

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

We charge based on £400 per hour + VAT charged at 20%. You may have other funding options available, such as cover under an insurance policy and we will check that with you at your first appointment.

 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 if a party has behaved unreasonably in the proceedings
• 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 such as sex/gender/race/age/disability/religion/ pregnancy or maternity
• Generally we would allow 1 to 3 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 £2,000 to £3,000 per day + VAT charged at 20% (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 2 to 6 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 30 to 60 weeks and is dependent on Tribunal and Court waiting times.  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.

Please contact Martin Barrett who will be happy to provide a “no obligation” quote based on an estimate of the work involved in your matter.