• Engleharts Solicitors - Slide One


Litigation for Businesses


Litigation for Businesses

  • Litigation

We have a wealth of experience in dealing with disputes between parties, whether between two businesses or between a business and an individual. We will do our best to resolve your dispute as quickly and effectively as possible.

We understand that dealing with dispute and court proceedings is time consuming for your business and likely to keep you from being able to devote time towards running your business and could affect its profitability. We understand the concern that many businesses have towards costs and risk of litigation and the complexity and uncertainty involved. We aim to make the progress as pain free and easy to understand as possible.

Our Dispute Resolution team is very experienced and will provide a tailored personal service where you are never made to feel like one of many customers in a busy practice. We aim to break down what can seem convoluted legal procedure and rules into easy to understand steps for our clients, and make sure that our business clients are kept updated on the costs position and provided with a best estimate as to likely costs at an early stage so that the dispute can be budgeted with minimal risk of unexpected legal bills. We also ensure our clients are fully aware of the costs risks involved in any court proceedings.

We cater for all sizes of business, and many types of disputes, from those involving property, landlord and tenant principles, commercial contracts to disputes concerning a claim to damage to business reputation or where there are sums of money owed.

Please read more about our litigation team below.

Please click here for details of our fees and charges

Fees and Charges

Business Clients: Money Claims Recovery – Business to business debt that is undisputed.

Our Litigation department has over 50 years’ of collective experience delivering high quality work in all matters relating to debt recovery.

Each member of the team will work individually on your matter and with you to ensure the best possible outcome for you.

There will be overall supervision by Adam Douglas.

Matters where a dispute has arisen concerning a claim for the recovery of money pursuant to a debt:

The following costs will 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 basis (e.g. if a one off letter is required), or an hourly rate plus VAT and disbursements if more extensive work is needed.

Debt value Court fee Our costs (incl. VAT) Total
£5,000 to £10,000 £455 £500 plus Vat £1,055
£10,001 to £200,000 5% of the claim 5% of the claim 10% of the claim
More than £200,000 £10,000 £10,000 £20,000

Anyone wishing to proceed with a claim should note that:

  • The VAT element of our fee may not be reclaimed from your debtor if you yourself are VAT registered.
  • Interest and compensation may take the debt into a higher banding, with a higher cost.
  • The costs estimated above are not for disputed money claims and / or where enforcement action, such as a bailiff or a charging order, is needed to collect your debt.

The above estimated costs include:

  • Taking your instructions and reviewing documentation
  • Undertaking appropriate searches
  • Sending a suitable letter before action
  • 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 is received, write to the other side to request payment
  • If payment is not received within 30 days, providing you with advice on next steps and likely costs

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. This above list is not exhaustive and other disbursements may arise. We will of course update you on any fees or expenditure that may need to be incurred on your behalf. Disbursements listed above are accurate as at 6th December 2018 and may be subject to change.

How long will it take?

Matters will usually take between six and twelve weeks from receipt of instructions from you to receipt of payment from the other side depending on whether payment is received without the need to issue legal proceedings, and only if the debt remains undisputed and no defence is filed to any court claim that may be issued on your behalf.

This is also on the basis that the other side pays promptly on receipt of any Judgment in Default. If enforcement action is needed or the debt is disputed, the matter will take longer to resolve.

It is important to note that costs and charges for our services may be subject to change depending on a variety of matters, including individual circumstances and following discussions with you both at the outset and as the matter proceeds. We can give you an accurate figure once we have sight of your specific documents.

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