Civil Litigation Price List
There are five broad stages in the litigation process:
- Starting the Claim
- Appeal or Enforcement.
Generally you will be charged an hourly rate for the amount of work done, but sometimes we can arrange fixed fees for particular stages of litigation.
During our initial meeting with you, we will go over your case and how long we anticipate each stage of litigation to take and our estimate of costs. This can vary widely on a case by case basis. We would also seek an initial payment between £250-£1000.00 on account of costs and disbursements dependent on the type of case
Our current hourly rates for litigation work are:
|Alessandro Mancini||£325.00 + VAT|
|Terry McBride||£285.00 + VAT|
|Nigel Cragg||£295.00 + VAT|
|Nadine Moaddel||£225.00 + VAT|
Personal Injury and CFA (Contingency Fee Agreements)
Historically, all forms of contingency fees in litigation (whereby payment of the lawyer depended on the results) were considered to be unlawful and even immoral. It was felt that they could lead to a conflict of interest between the client and the lawyer. However, in the 1980s, the government started to review this position and eventually concluded that a particular form of contingency fee agreement, known as conditional fee agreements (CFAs) could be allowed, although all other forms of contingency fee agreements continued to amount to unlawful maintenance and champerty in contentious matters. Statutory provision for CFAs was first made in section 58 of the Courts and Legal Services Act 1990 (CLSA 1990).
On 1 April 2013, the majority of the Jackson/civil litigation reforms came into force. As a result of these changes, damages-based agreements (DBAs), another form of contingency fee agreements, are now permitted for all contentious business (except for criminal and most family matters) by section 45 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012). Section 45 provides for amendments to section 58AA of the CLSA 1990 to allow the use of DBAs without limiting this to employment matters (as was previously the case). For more information on DBAs, see Practice note, Damages-based agreements in civil litigation (other than employment tribunal matters): an overview.
Definition of a CFA
Section 58(2)(a) of CLSA 1990 defines a CFA as:
“an agreement with a person providing advocacy or litigation services which provides for his fees and expenses, or any part of them, to be payable only in specified circumstances.”
In other words, the agreement will be a CFA if the client will pay different amounts for the legal services depending on the outcome of the case. Generally, if the client loses the case, it will not be liable to pay for the fees and any expenses that are subject to the CFA (the conditional fees). If the client wins the case, it will be liable to pay all fees and expenses, including the conditional fees, and the success fee, if a success fee is provided for in the CFA.
Personal Injury & Clinical negligence cases may be eligible for a Conditional Fee Agreement on a No Win, No Fee basis. Your case will be assessed to see if it qualifies. If accepted, this will mean no cost at the outset of the matter.
Our Conditional Fee Agreements are capped with a maximum success fee of 25% of the damages recovered, including VAT. This means that once damages are recovered, we will invoice you for our time spent on the matter, but our costs will be capped at 25% of the damages recovered. In low value cases or cases which settle promptly this may not be reached and so the charges will be 100% of our fee.
Personal Injury case where damages recovered are £25,000 over a two-year period of dealing. Costs incurred are £5,310 inclusive of VAT (15 hours at £295 + VAT).
This is under the 25% cap (21.25%) and so the full fees are payable.
Personal Injury case where damages recovered are £5,000, settled after 9 months. Costs incurred are £1,770 inclusive of VAT (5 hours at £295+VAT). This is over 25% of the damages so our costs are capped at £1,250 inclusive of VAT
If a case is not accepted as a No Win No Fee case, we would carry out an assessment of prospects and investigate the matter and would seek £1000 on account of costs and disbursements.
Some types of litigation will require expert opinions, and Personal Injury matters will also require medical notes. These will need to be paid for. In some No Win, No Fee cases they can be deferred for up to 24 months by an external agency.
Court fees have to be paid prior to the issue of court proceedings. These vary from £455.00 to 5% of the amount claimed. The illustration below shows a breakdown of the current county court fees applicable.
|Claim amount||Paper form fee||Online claim fee|
|Up to £300||£35||£25|
|£300.01 to £500||£50||£35|
|£500.01 to £1,000||£70||£60|
|£1,000.01 to £1,500||£80||£70|
|£1,500.01 to £3,000||£115||£105|
|£3,000.01 to £5,000||£205||£185|
|£5,000.01 to £10,000||£455||£410|
|£10,000.01 to £100,000||5% of the claim||4.5% of the claim|
|£100,000.01 to £200,000||5% of the claim||You cannot make a claim online|
|More than £200,000||£10,000||You cannot make a claim online|
Some other common disbursements are listed below:
|Arranging an Indemnity Policy||£50.00|
|Administration fee in connection to ID Verification for any additional person||£12.00|
|Dealing with third party lawyers (E.g. Matrimonial)||£185.00|
|Dealing with Companies House forms||£95.00|
|Each CHAPS or BACS transfer||£40.00|
|Company Due Diligence Check||£25.00|
|Regulatory Conflict Check and Compliance Check (on all matters)||£47.50|
We will always investigate whether you have existing insurance that might fund your case. We can if required seek insurance cover for you at extra cost to protect you against adverse costs and own disbursements in the event that your case does not succeed.
Key Stages and Timescales
While timescales can greatly vary depending on the situation and type of litigation, a broad guide of times is below. Our solicitors will discuss your case in detail with you and let you know the estimated timescales of your matter.
|Pre-Action Stage||3-4 months|
|Starting the Claim||4-5 months|
|Pre-Trial & Trial||2-3 months|
Head of Dispute Resolution
Filex, Fellow of the Chartered Institute Legal Executive
Years of Experience : 15 Years
Solicitor, LLB, DipIp
Alessandro Mancini is a solicitor in our civil litigation department with 10 years of experience.
Head of Injury and Clinical and Professional Negligence
Filex, Fellow of the Chartered Institute Legal Executive
Nigel is a personal injury lawyer of enormous experience across the spectrum of personal injury law. He has 30 years of experience and has won cases at the Court of Appeal level and brought “Class Actions” against national corporations and is an expert in claims for industrial accidents and occupational disease.
Family Law and Private Client Manager
Qualified : 2018
Years of experience – 6+Years
We’re a friendly business where people come first. We work for reasonable fees and our expert legal team works across all of our offices so we can offer a wide range of specialisms
We offer a comprehensive range of legal services for small and medium-sized Sussex businesses. For more complex issues we have specialist connections in London