Civil Litigation
Dispute Resolution and Debt claims
This page is intended to provide potential clients with information about our charges when engaging our Litigation Team to assist recover an undisputed debt. When you instruct us, our retainer letter will provide more details on the scope of our work and what you can expect from us.
We provide a full range of litigation services, including debt recovery. If you would like more information about the services we offer, please contact one of the solicitors in our litigation department.
Debt recovery process
The information on this page is intended to be an initial guide to recovery of a straightforward undisputed debt, to and including obtaining Judgment in default against the debtor. The precise stages involved in the process may vary according to the circumstances of the case, but typically will be as follows:
Stage 1
Taking your instructions, reviewing documentation, undertaking appropriate searches, drafting a letter before action in accordance with the Practice Direction on Pre-Action Conduct and dealing with initial correspondence.
The Practice Direction is issued by the Court Service and sets out the steps the court normally expects parties to take before commencing court proceedings. Further information about the Practice Direction can be found on the Ministry of Justice website.
Stage 2
If the debtor does not provide a satisfactory response to the letter before action and the debt remains unpaid, we will prepare, issue and serve court proceedings.
Once court proceedings are served, the debtor has 14 days to acknowledge service of proceedings and a further 14 days to file and serve a defence disputing the debt.
If the debtor fails to acknowledge service and/or fails to file and serve a defence, we can apply to the court to enter Judgment in default.
Upon receipt of Judgment in default, we will write to the debtor to request payment of the Judgment debt.
Time scale
How long the process takes is entirely dependent on the point at which the matter is resolved. If settlement is reached during Stage 1, the matter may be resolved within 6 to 10 weeks. If the matter proceeds to Stage 2 the timeframe could increase to about 4-9 months.
If the debtor disputes the debt at Stage 1, files and serves a defence at Stage 2 or fails to comply with the Judgment, we can provide you with advice on subsequent steps and the likely estimated timeframe and costs.
Descriptive process:
Take your instructions and review documentation.
Undertake appropriate searches.
Draft and send Letter Before Action.
Action any responses received.
Prepare the Claim Form and Particulars Of Claim.
Issue the claim.
Reply accordingly to responses or apply for Default Judgement if no response is received.
All civil litigation cases are conducted based on the hourly rate of the fee earner with the conduct of the case. Due to our Firm’s financial policy, we are unable to conduct civil litigations other than on the hourly rate of the fee earners with conduct. This is because of the unpredictable nature of civil litigation as it is precisely difficult to determine how long a civil claim can last in court. We believe that it is in the best interest of our clients and our Firm that civil litigation is conduct on hourly rates so that we can track the real costs of it and comply especially with the Indemnity Principle of the costs rule of civil litigation under the Civil Procedure Rules 1998.
List of Fee Earners Status and Rates (20% VAT is payable on all fees below
|
Grade A
|
£282.00
|
|---|---|
|
Grade B
|
£232.00
|
|
Grade C
|
£185.00
|
|
Trainees and Paralegals
|
£129.00
|
|
Personal Assistant/Secretary
|
£95.00
|
Our hourly rates follow the Government approved fee guidelines for solicitors which can be assessed here: https://www.gov.uk/guidance/solicitors-guideline-hourly-rates
Costs range
The likely range of costs for obtaining default Judgment for a straightforward undisputed debt under £100,000 are:
Stage 1: £1,100 to £1,800 plus VAT (at 20%) and disbursements. Stage 2: £1,200 to £1,900 plus VAT at (20%) and disbursements.
Factors that may influence the likely costs you will incur include the volume of documentation involved, time spent advising you about the merits of your claim and lengthy correspondence.
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Value of your claim
|
Fee payable
|
|||
|---|---|---|---|---|
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Up to
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£300
|
|
|
£35.00
|
|
Greater than
|
£300
|
but no more than
|
£500.00
|
£50.00
|
|
Greater than
|
£500
|
but no more than
|
£1,000.00
|
£70.00
|
|
Greater than
|
£1,000
|
but no more than
|
£1,500.00
|
£80.00
|
|
Greater than
|
£1,500
|
but no more than
|
£3,000.00
|
£115.00
|
|
Greater than
|
£3,000
|
but no more than
|
£5,000.00
|
£205.00
|
|
Greater than
|
£5,000
|
but no more than
|
£10,000.00
|
£455.00
|
|
Greater than
|
£10,000.00
|
but no more than
|
£200,000.00
|
5% of the value of the claim
|
|
Greater than
|
£200,000.00
|
|
|
£10, 000
|
Issuing claims Money claims – Civil Fees Order 1.1-1.2
Mediation fees:
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Value of a Dispute
|
Preparation Time
|
Basic Mediation Duration
|
Hourly Rate
|
Total Cost
|
|---|---|---|---|---|
|
Up to £10,000
|
1 Hour
|
4 Hours
|
£150
|
£750
|
|
£10,001 - £50,000
|
3 Hour
|
10 Hours
|
£165
|
£2,145
|
|
£50,001 - £100,000
|
4 Hour
|
10 Hours
|
£180
|
£2,520
|
|
£100,001+
|
5 Hours
|
10 Hours
|
£200
|
£3,000
|
Litigation Team
Details of the solicitors in our Litigation Team who will be responsible for your work are set out in the table below. All work is supervised closely by the Director of the firm.
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Name
|
Position
|
Year Qualified
|
|---|---|---|
|
Henry Onwubiko
|
Director
|
2007
|
|
Patrick Kola
|
Solicitor
|
1998
|
|
Linda Odajiri
|
Solicitor
|
2020
|
|
Martin Didcock
|
Solicitor
|
2020
|
|
Fahmida Begum
|
Trainee Solicitor
|
N/A
|