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Pricing

Our Fee Structure

The costs of litigating can be prohibitive. If you have a good and arguable claim or defence, on principle alone, many clients would like to engage with the Courts even as a last resort, if a compromise cannot be achieved. Much of the time clients are unable to fund the proceedings in full, especially when against a corporate giant with substantial means. 
We support clients where possible with a variety of financial proposals which include Conditional Fee Agreements (no win no fee agreements), Damages Based Agreements, payments by instalments and staged payments and other bespoke measures to assist them in achieving their objectives.

ESTATE ADMINISTRATION & UNCONTESTED PROBATE

  • Full administration of an estate 

    Experienced solicitors within our firm can be instructed by you to:
    ● Advise you on the terms of the Will or the rules of intestacy (where there is no valid Will), ● Collate detailed information on the assets and liabilities of the estate, ● Request information on any lifetime gifts made by the deceased, ● Advise you on whether there is a potential liability to inheritance tax and claim any exemptions and reliefs available; ● Prepare the inheritance tax account for HM Revenue & Customs; ● Prepare the application for a Grant; ● Deal with the closure, transfer or sale of the assets within the estate; Settle any liabilities; ● File income tax returns for the period of administration; ● Provide estate accounts detailing all financial transactions since the date of death; ● Advise the personal representatives on minimising their risk exposure;● Distribute the estate to the entitled beneficiaries.  

    Where there are no complicating factors it generally takes 6 - 12 months to administer an estate. In such cases, it takes 3 - 6 months to obtain the grant of probate, 1 - 3 months to collect in and sell the assets and 1 - 3 months to then distribute the assets. The main factors which affect the timeline are the sale of any properties and if the reporting to HMRC becomes protracted for any reason (HMRC have wide powers to investigate and seek clarification on matters).

  • How much will it cost?

    The exact costs will depend on the individual circumstances of any matter but we do appreciate that our clients need some guidance and certainty as to the likely costs involved in this process. In our experience, the legal fees for administering an estate are approximately 2% plus VAT of the value of the assets within the estate. Occasionally, this can vary due to the factors we have listed below but in our experience, this is a good indication of our likely fees. We will give you a more accurate estimate once we have more information taking into account any of the factors below as appropriate.
    There are various tasks which must be done when administering an estate so a variety of fee earners may be involved. The time spent by the different fee earners is recorded at their different hourly charge rates which range from £140.00 plus VAT (£150) (paralegal) to £400.00 plus VAT (partner). We base our charges on the time spent and this may result in the fees being below or above the 2% plus VAT (currently at 20%) we have estimated above.
    Once the scope of work is clear, we can provide a fixed price for completing the work in most cases.

  • Factors which can affect our fees

    ● There is no valid Will (an intestacy); ● The validity of the Will is disputed; ● If a Trust is or Trusts are created by the Will;● What IHT and other reliefs and exemptions may apply;●A helpful link in relation to IHT calculators is on the HMRC site. https://www.gov.uk/guidance/hmrc-tools-and-calculators#inheritance● If a Deed of Variation is required or requested; ●Whether we are appointed under a Will as the sole or as a joint executor.● Tax-and-bereavement; ● In these circumstances, additional work and responsibility may need to be undertaken. Factors to take into account here include;●The number, location and status of the beneficiaries. e.g. children, charities, issues in relation to capacity; ● If any foreign assets, including shares and bank accounts, are within the estate;●Any additional properties, other than the main home, held by the estate;● If numerous shareholdings (stocks and bonds) or bank accounts held within the estate; ● Any disputes between beneficiaries; ● Any anticipated, potential or actual claims against the estate; ● Any executors living outside the UK; ● Dealing with the sale or transfer of any property in the estate is not included. (The sale of a property can also significantly affect the time it takes to administer the estate)

  • Disbursements, in addition in our fees

    Disbursements are costs which are related to your matter but are payable to third parties, such as the Probate Registry. We handle the payment of the disbursements on your behalf to ensure a smoother process. For instance:
    ● Probate fees £155 where the application is made by us and the estate is worth more than £5,000.● Additional Copies of Grant £1.50 each● Bankruptcy-only Land Charges Department searches (£2.00 per beneficiary)● £50 - £150 plus VAT (£60 - £180) Advertisement in the London Gazette – this protects executors against unexpected claims from unknown creditors● £50 - £150 plus VAT (£60 - £180) Advertisement in a local newspaper – this also helps to protect executors against unexpected claims

DEBT RECOVERY

  • What we provide

    Being a specialist litigation practice, we have extensive experience in pursuing individual and commercial debtors who have failed to pay our client’s invoices in full and on time. We can provide some of these for a fixed fee:
    ● drafting and sending letters before action● issuing claims in the County Court● seeking Default Judgments● enforcing Judgments.
    In addition to these services, we undertake insolvency work for creditors, including the preparation and service of Statutory Demands and Bankruptcy/ Winding Up Petitions. The fees charged for these services are calculated on an hourly rate of £140 plus VAT (paralegal) to £400 plus VAT per hour (partner). Additional expenses (also called disbursements) may also be incurred, such as Court fees, process server’s fees etc.
    We also act for clients where a claim becomes defended, or when a claim is made whether in the County Court or in the High Court. In such cases, we will agree on a fee estimate with our clients, usually based on our hourly rates which currently range between £140 plus VAT (paralegal) to £400 plus VAT (partner) depending on the experience and expertise of our lawyers.

EMPLOYMENT TRIBUNAL CLAIMS

  • Our approach

    At an early stage, we will agree the approach most suited to your case and circumstances, and will keep this under review. We will not encourage you to bring a claim which we do not believe has any real chance of success, or one where bringing a claim is unlikely to bring much by way of financial or other benefit.

  • What we will do for you

    If you are bringing a claim against your employer for things like unfair dismissal, or unlawful discrimination or equal pay we can help. We act for both employers and employees hence we have an in-depth knowledge of both sides of the argument. We are able to give a meaningful and realistic overview at an early stage of expected costs.
    There are a number of factors which will affect the timescale for completing the hearing of your case. Nearly all claims start with providing basic details of your claim to ACAS, who then contact your employer to see whether settlement can be achieved. This process is known as Early Conciliation. If a claim can be settled at this stage, then this should be achieved within around 4 weeks of the ACAS process starting.
    If a settlement is not achieved at that early stage, then you will have to start your formal claim to the Employment Tribunal. As a guide, claims for unfair dismissal are often heard within around 3 to 6 months of the formal claim being submitted to the Tribunal. More complex cases, such as those involving discrimination can take longer to complete; often 6-12 months. Settlement may be achieved at any stage, subject of course to both sides being able to reach agreement.

  • How much will it cost?

    Straight- forward claims
    In a straight-forward claim such as where your former employer has failed to pay your notice pay and which does not involve more than a single day’s hearing at the Tribunal, costs are likely to be in the region of £3,000-£5,000 plus VAT. More complex cases might be in the region of £5,000-£7,000 plus VAT. In particularly difficult cases, where the length of the Tribunal hearing exceeds one day, the costs might be above £10,000 plus VAT.
    Straight-forward claims involving unfair dismissal and a hearing
    Straight-forward claims involving unfair dismissal and a hearing not longer than one day will generally cost in the region of £7-10,000 plus VAT. More involved cases, particularly where the hearing last for more than one day are likely to cost more than £10,000 plus VAT.
    Discrimination claims
    Discrimination claims tend to take longer to prepare for hearing, and the hearing itself is often longer. As a guide, the hearing of a case of medium legal complexity is likely to involve a hearing of two to three days, and involve costs of £18,000-£22,000 plus VAT.

    The Scope of Work
    Most claims settle before the main hearing. The scope of work can involve:• Taking your initial instructions, • Reviewing the papers and advising you on merits and likely compensation (this is likely to be revisited throughout the matter in the light of changing circumstances and as further information is received); • Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached with the employer;• Preparing the formal claim; • Reviewing and advising on the response from your employer;• Reviewing and responding to correspondence from the Employment Tribunal; • Exploring settlement and negotiating settlement throughout the process; • Preparing a schedule of loss (that is a financial statement summarising the potential areas of compensation you will claim); Preparing for (and attending) a Preliminary Hearing;• Reviewing and identifying relevant documents with you, and exchanging them with the other party and agreeing a bundle of documents; • Taking witness statements, drafting statements and agreeing their content with witnesses; • Preparing a bundle of documents for any hearing;• Reviewing and advising on the other party's witness statements; Preparing for the final hearing which may include agreeing a list of issues, a chronology and/or cast list;• Preparation for and attendance at Final Hearing; • Advising you after the hearing in respect of the decision, whether in relation to any appeal or the enforcement of any award in your favour or in relation to any appeal (whether brought by you or the other side).The final costs will reflect the number of steps which we worked on, and as a general rule the earlier any case is resolved (whether through settlement or otherwise) the lower the overall costs.

  • 'No Win No Fee' basis

    We do offer this service in cases where we believe that this arrangement can be fairly put in place. Where we agree that with you, we may seek to recover up to a third of any compensation that you recover, over and on top of what is paid to us in legal costs. That element will be payable to us directly from any monies recovered.

  • Further Factors which can affect our fees

    ● The complexity of the facts in your case ● The complexity of the legal arguments in your case● The number of witnesses from both sides● The amount of documentation.● The approach to litigation and settlement taken by you and your opponent● Whether in addition to the main hearing, any additional procedural hearings are needed during the progress of the case, either because of the complexity of the issues, or the approach of the other side● Any particular measures that the Employment Tribunal consider necessary for the case to be dealt with effectively.● The costs of any third parties who we agree with you should be instructed on your behalf (perhaps a barrister or a medical or other expert in appropriate cases).

Contact De Cruz Solicitors

For more information on our services and how we can help you, get in touch today.