Price Transparency

Our approach to fees

We are committed to providing the best possible costs information to you at every stage of your instruction to us. We will also consider and discuss with you what the best costs arrangement is, and what different costs bases we might be able to offer to you. Together, we will ensure that you are able to take informed, strategic decisions about all aspects of the matter, which will include the best information we can provide about costs and potential future costs.

At the outset, we will tell you who will work on your matter and what their qualifications are. Details of all our staff can be found on our website at www.nexussolicitors.co.uk.

Whenever we provide a costs estimate to you, it will be our indication of the likely fee for carrying out a specified piece of work. It will be based on the information available to us at that time and will be given in good faith. It will be subject to revision and does not amount to a binding or contractual commitment to carry out the piece of work for that cost. We will tell you as soon as we can if it becomes apparent that an estimate which we have given is likely to be exceeded, and will agree with you the best way forward.

In some circumstances, we might be able to give a quotation or agree a fixed fee. That must be agreed in writing, and we will set out what work is included and any restrictions on the quote. If however there is any change to the information provided to us when our quote is given, we reserve the right to revise it appropriately. In particular, we reserve the right to charge additional fees for material additional work arising from circumstances known to you when our quotation was agreed, but which were not disclosed to us, or which are materially different to those envisaged when we gave our quotation.

All fee estimates and quotes which we give are subject to Value Added Tax at the prevailing rate where applicable.

Our engagement letter will give you details of the charging rate of the people who will be handling your work. Unless we have agreed a quotation or fixed fee with you, our charges will be calculated by reference to the time which our professional staff spend dealing with the matter. In certain circumstances, such as where a matter is particularly complicated, has to be carried out very quickly, or has to be carried out in an inconvenient location, we reserve the right to invoice at an enhanced rate. That will only happen with your prior agreement. Our hourly rates are revised and can be increased from time to time.

We are committed to transparency in connection with fees. We are happy to provide you with details of how any time recorded on a matter has been spent, and a breakdown of how any fees have been calculated.

Litigation Fees

There are different bases on which litigation fees can be charged. The basis which we agree with you will depend on a number of things, which will include (but not be limited to) how your claim is funded, the nature and value of the claim, our view on the merits of the claim and your attitude towards it, and your needs. Whatever fee basis is agreed, we will confirm the position to you at the outset. The different types of fee arrangement are (in principle) the following, but please note that we are not in any matter obliged to offer any or all of the arrangements set out below. The options which we offer to you will be discussed with you, as will (upon request) the reasons why any other fee basis might not be capable of being offered.

(a) A “traditional” arrangement based on the time we spend on the matter, and agreed hourly rates.
(b) A fixed fee or flat fee.
(c) A fee which is conditional on the outcome of the matter. In such cases, a Success Fee will usually be payable, subject to achieving agreed outcomes to         the case.
(d) A Damages Based Agreement, where the amount of our fee is based upon the extent to which the matter is successful.

In the event of a client providing us with a high volume of instructions, and at our sole discretion, we can also offer charges based on “blended” hourly rates, where a single rate is charged for all our qualified or professional staff, regardless of their qualifications or seniority.

Conveyancing Fees

Purchase of a Residential Property (FREEHOLD)

Our fees cover all of the work required to complete the purchase of your new home, including dealing with registration at the Land Registry and dealing with the payment of Stamp Duty Land Tax (Stamp Duty) if the property is in England, or Land Transaction Tax (Land Tax) if the property you wish to buy is in Wales. Please note that it is our standard practice to insist on meeting you in person as part of the transaction. If we have to meet you somewhere other than our office, an additional charge is likely to be incurred.

Our fees and Disbursements

• Solicitors’ fee £795.00 plus VAT
• Search fees up to £300.00 (average) some of which will attract VAT
• HM Land Registry fee:
                (a) Transfer of Whole – £190.00 (postal application) or £95.00 (online application); or
                (b) Transfer of Part – £190.00
• Electronic money transfer fee:
   CHAPs fee – £32.00 plus VAT; or
   BACs fee – £10.00 plus VAT

Estimated total: from £1,200.00 plus VAT to £1,317.00 plus VAT

“Disbursements” are costs related to the transaction which are payable to third parties, such as Land Registry fees. We handle the payment of the disbursements on your behalf to ensure a smoother process but we will usually ask you to put us in funds in advance.

Stamp Duty or Land Tax (on purchase)

The amount payable depends on the purchase price of your property and what, if any, other properties you own. These fees are in addition to the costs mentioned above. 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 here.

Assuming a purchase price of £195,000, the amount due would be:

         • First time buyer: £NIL
         • Sole property owned: £1,400.00
         • Multiple properties owned: £7,250.00

Stages of the process

The precise stages involved in the purchase of a residential property vary according to the circumstances. Typically, the transaction might involve:

• Taking your instructions and giving you initial advice;
• Checking that finances are in place to fund the purchase and contacting lender’s solicitors if needed;
• Receiving and advising on contract documents;
• Carrying out searches;
• Obtaining further planning documentation if required;
• Making any necessary enquiries of seller’s solicitor;
• Giving you advice on all documents and information received;
• Going through conditions of any mortgage offer with you;
• Sending final contract to you for signature;
• Agreeing completion date (date from which you own the property);
• Exchanging contracts and notifying you that this has happened;
• Arranging for all monies needed to be received from any lender and from you;
• Completing purchase;
• Dealing with payment of Stamp Duty/Land Tax;
• Dealing with application for registration at Land Registry

How long the transaction 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 6-10 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 14 weeks. However, if you are buying a leasehold property that requires an extension of the lease, this can take significantly longer, between 3 and 6 months. In such, a situation additional charges would apply. We will always do what we can to make the transaction happen as quickly as you require.

PLEASE NOTE THAT THE FEES SET OUT ABOVE ARE AS AT 31st DECEMBER 2018 AND ASSUME A PURCHASE PRICE OF £195,000. PLEASE CONTACT US WITH DETAILS OF YOUR PROPOSED TRANSACTION FOR AN ACCURATE ESTIMATE OR A QUOTE.


Purchase of a Residential Property (LEASEHOLD)

Our fees cover all the work required to complete the purchase of your new home, including dealing with registration at the Land Registry and dealing with the payment of Stamp Duty Land Tax (Stamp Duty) if the property is in England, or Land Transaction Tax (Land Tax) if the property is in Wales. Please note that it is our standard practice to insist on meeting you in person as part of the transaction. If we have to meet you elsewhere, an additional fee is likely to be incurred.

Conveyancer’s fees and Disbursements

• Solicitors’ fees £995.00 plus VAT
• Search fees £300.00 (average) some of which attract VAT
• HM Land Registry fee:
    (a) Transfer of Whole – £190.00 (postal application) or £95.00 (online application)
    (b) Transfer of Part – £190.00
• Electronic money transfer fee:
   CHAPs fee – £32.00 plus VAT
   BACs fee – £10.00 plus VAT

Estimated total: from £1,400.00 plus VAT to £1,527.00 plus VAT

Disbursements

“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 but we will usually ask you to put us in funds in advance. There are certain disbursements which will be set out in the individual lease relating to the Property. The disbursements in addition to those mentioned above 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 lease from the seller’s solicitors.

Anticipated Disbursements:

• Notice of Transfer fee. This fee is chargeable if set out in the lease; often the fee is between £75.00 and £295.00.
• Notice of Charge fee (if the property is to be mortgaged). This fee is chargeable if set out in the lease; often the fee is between £75.00 and £295.00.
• Deed of Covenant fee. This fee is charged by the management company for the property and can be difficult to estimate. Often it is between £150.00 and     £300.00.
• Certificate of Compliance fee. To be confirmed upon receipt of the lease; it often ranges between £50.00 and £100.00.

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 this we receive this information.

Stamp Duty Land Tax

This depends on the purchase price of your property and your circumstances. 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.

The total including all fees and Disbursements payable can be from £4,350.00 plus VAT to £10,289.00 plus VAT.

The precise stages involved in the purchase of a residential leasehold property vary according to the circumstances. Below we have suggested some key stages that you may wish to include:

• Taking your instructions and giving you initial advice;
• Checking finances are in place to fund purchase and contacting any lender’s solicitors if needed;
• Receiving and advising on contract documents;
• Carrying out searches;
• Obtaining further planning documentation if required;
• Making any necessary enquiries of the seller’s solicitor;
• Giving you advice on all documents and information received;
• Going through conditions of any mortgage offer;
• Sending a final contract to you for signature;
• Drafting the Transfer;
• Advising you on joint ownership;
• Obtaining pre-completion searches;
• Agreeing a completion date (date from which you own the property);
• Exchanging contracts and notifying you that this has happened;
• Arranging for all monies needed to be received from any lender and you;
• Completing purchase;
• Dealing with payment of Stamp Duty/Land Tax;
• Dealing with application for registration at Land Registry.

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, not all of which we can control or influence. The average process takes between 6 to 10 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 14 weeks. However, if you are buying a leasehold property that requires an extension of the lease, this can take significantly longer, between 3 and 6 months and in such, a situation additional charges would apply. We will always do what we can to make the transaction happen as quickly as you require.

PLEASE NOTE THAT THE FEES SET OUT ABOVE ARE AS AT 31st DECEMBER 2018 AND ASSUME A PURCHASE PRICE OF £195,000. PLEASE CONTACT US WITH DETAILS OF YOUR PROPOSED TRANSACTION FOR AN ACCURATE ESTIMATE OR A QUOTE.

Please also note that the fee illustration assumes that:

a. 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;
b. this is the assignment of an existing lease and is not the grant of a new lease;
c. the transaction is concluded in a timely manner and no unforeseen complication arise;
d. all parties to the transaction are co-operative and there is no unreasonable delay from third parties providing documentation;
e. no indemnity policies are required. Additional disbursements may apply if indemnity policies are required..

Your transaction will be handled by a member of our property team. Des O’Driscoll is the department head, and is a solicitor and a Director of the firm. Sarah Malkin is a solicitor who qualified in 2014. They are assisted by Gabriella Knowles (a Legal Assistant) and Leanne Henegan, who has worked as a secretary dealing with property matters for many years. More information about each of them can be found on our website.

Employment Tribunal Claim (Claimant)

Your liability to pay fees to us will depend on how your claim is funded. There are the following principal options.

Insurance protection

We will enquire whether you have the benefit of insurance that may cover your legal fees for bringing/defending Employment Tribunal proceedings. In some circumstances you may have insurance cover that will also cover damages you may have to pay out to the other side (Respondents only). If you have insurance cover we will work with the insurance company providing them with the information they require to establish whether you can rely upon their insurance product. If cover is confirmed and we can reach an agreement with the insurance company for the level of indemnity, we will carry out the work on your behalf in accordance with the insurance company’s conditions. If the indemnity remains in place for the duration of the proceedings our fees will be paid by the insurance company. You may have a liability to the insurance company depending upon the terms of your specific cover. Where an insurance product does not indemnify our fees our pricing will be based on the individual fee earner’s hourly rate.

Hourly basis

Our standard hourly rate as at December 2018 for Louise Carr is £275 per hour and for Craig McCracken it is £240 per hour (each exclusive of VAT). By way of general guidance only, the fees to bring and/or defend claims for unfair and wrongful dismissal are set out below.

Simple case:                                 £5,000 to £12,500 plus VAT
Medium complexity case:            £10,000 to £25,000 plus VAT
High complexity case:                 £25,000+ plus VAT

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), or whether some or all of a claim has been issued on time;
• A high number of witnesses or large amounts of documentation;
• If it is an automatic unfair dismissal claim e.g. if the employee is dismissed after “blowing the whistle” on their employer;
• Allegations of discrimination which are linked to the dismissal

In addition to the fees above, you may also be required to pay disbursements (see below).

Conditional or Contingency Fee arrangements (“CFA”)

This type of agreement is often described as a “no win no fee” agreement. Rather than pay us on the usual hourly basis, our fees are paid by us taking a percentage of the damages (including any costs awarded) upon a successful outcome. Our usual fee is 35% inclusive of VAT.

Under a CFA you will usually still be required to pay for disbursements in addition to the 35%.

If you want us to consider a CFA funding arrangement, we will need to carry out an initial assessment of your claim to establish its complexities and your prospects of success. We will offer you the option of a CFA if we are of the opinion that you have a greater than 51% chance of success and that a CFA is appropriate for you and us. We endeavour to carry out our initial assessment of your claim within 2 weeks of receiving all relevant documentation.

Disbursements

Disbursements are fees payable to third parties and will be required in advance of the disbursement being incurred. Typical disbursements that might be incurred in Employment Tribunal proceedings are as follows:

• Access to medical records;
• Travel to and from Tribunal;
• Accommodation whilst representing you at a Tribunal hearing;
• Barristers’ fees unless we undertake the hearing ourselves (this will be assessed on a case by case basis taking into consideration the length of hearing and the financial viability of representing you ourselves at a Tribunal hearing). Barristers’ fees range from £500 to £2,000 or more per day, depending on the level of experience. VAT is in addition;
• Instructing a pensions actuary for complex pension losses claims.

Key stages in Employment Tribunal proceedings

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 witness list;
• Preparation and attendance at Final Hearing, including instructions to Counsel;

The stages set out above are an indication only, 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 in accordance with your individual needs.

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 as well as how busy the specific Employment Tribunal is. If a settlement is reached during pre-claim conciliation, your case is likely to take 4 to 8 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 6 to 12 months. These are just estimates, and based upon a one day final hearing. We will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.

PLEASE NOTE THAT THE INFORMATION SET OUT ABOVE IS AS AT 31st DECEMBER 2018 AND IS FOR ILLUSTRATIVE PURPOSES ONLY. PLEASE CONTACT US WITH DETAILS OF YOUR PROPOSED CLAIM FOR AN ESTIMATE.

Your claim will be handled by either Louise Carr or Craig McCracken of our employment team. Louise has over 15 years’ experience in employment law. Craig qualified as a solicitor in 2004 and has specialised in employment law ever since.

Business Debt Recovery Claims up to £100,000

The costs illustrations below apply where the 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 costs illustrations will also generally not apply where a claim is complex, and where damages are potentially recoverable.

Pre-Litigation Costs

The fees below relate to work one prior to the issue of proceedings.  All fees mentioned are net of VAT.

⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀ Small Claims Track
(up to £10,000)
Fast track claim
(£10,000 to £25,000)
Multi track
claims (£25,000+)
⠀⠀Letter before action
£150
£200
£250
⠀⠀Pre-issue negotiations
£100
£200
Hourly Rate

Issuing Proceedings

Whilst we always endeavour to achieve a successful outcome without the need to issue proceedings, this will not always be possible. The fees below will be incurred, in addition to those mentioned above, in the event that proceedings cannot be avoided.

⠀⠀Debt Value Court Fee Our Fee (incl. VAT) Total
⠀⠀Up to £5,000
Up to £205
£150
Up to £355
⠀⠀£5,001 to £10,000
Up to £455
£150
Up to £605
⠀⠀£10,001 to £50,000
5% value of the claim
Hourly rate
To be advised on instruction

The fee mentioned above includes entering judgment where the Defendant does not file an Acknowledgment of Service to the proceedings. If the claim is contested, then our fees will be as set out below.

Contested Proceedings

⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀ Small Claims Track
(up to £10,000)
Fast track claim
(£10,000 to £25,000)
Multi track
claims (£25,000+)
⠀⠀Up to a final hearing
£750
Hourly Rate
Hourly Rate

Where a case proceeds to a contested hearing, there will also be further disbursements incurred. They will include a Court hearing fee (which depends on the value of the claim, and which will be between £25 for a small claims track claim with a value of up to £300 to £1,090 for a multi-track claim, and a fee for an advocate to appear on your behalf at the hearing. We will discuss that aspect with you, and provide an estimate from a suitable advocate prior to the hearing.

Please note that whilst the fees mentioned in this document are our standard charges, we are always happy to consider other arrangements where the volume of claims is substantial. Please also note that whether or not your costs can be recovered from the other party will depend upon various aspects, such as the value of the claim, whether or not you have the benefit of any terms and conditions which impose a contractual obligation in relation to costs, and your level of success in the action.

If you wish to proceed with a claim, please note that:

• The VAT element of our fee cannot always be reclaimed from your debtor (and will usually depend on whether 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 instruction of a bailiff, is needed to collect your debt.

It is difficult to predict timescales, since there are many factors which might influence how long a claim might take, but matters might typically take 4 to 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 Judgment in default. If a defence is filed, then it is likely to take between 3 and 12 months up to and including a final hearing. The time taken will depend upon the level of complexity, availability of Court time and the approach of your opponent. If enforcement action is needed, the matter will take longer to resolve.

PLEASE NOTE THAT THE FEES SET OUT ABOVE ARE AS AT 31st DECEMBER 2018. PLEASE CONTACT US WITH DETAILS OF YOUR PROPOSED INSTRUCTION FOR AN ESTIMATE OR A QUOTE.

Debt recovery claims are handled by members of our dispute resolution team. The two directors of the team are Chris Pugh and Debbie Whiteley, each of whom is a solicitor experienced in litigation work. The other members of the team are Jennifer Beatty (a solicitor), Ann Grice (a solicitor) and Margherita Bozzarello (a paralegal apprentice).

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