SPECIALISTS IN Residential & Commercial Property | Private Client Services | Family | Litigation | Mediation
Lock and Marlborough
Solicitors and Mediators

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For Civil Litigation please contact;



Civil Litigation

We have a wide range of experience in Civil Litigation, which includes the following areas:

- Contractual and other disputes, including professional negligence against Solicitors and other professionals.

- Contested probate claims. These generally arise where a spouse or family member wishes to make a claim for provision or where a client seeks to challenge the validity of a Will.

- Landlord and tenant disputes. We act for a large number of both landlords and tenants.
- Employment disputes both in the civil courts and the employment tribunal. we also advise on Settlement Agreements, for both employers and employees,

- Personal insolvency, including bankruptcy, applications to set aside statutory demands and bankruptcy orders and preference claims. Debt recovery.

- Education claims. These generally arise where a parent wishes to appeal against the refusal of a school to admit their child.

- Property Claims; These can arise where unmarried couples or others disagree as to their respective interests in property, and the matter falls to be resolved under the Trusts of Land Act 1996.

Although we have expertise in pursing all these matters to trial with a high rate of success, we are also very aware that most of our clients do not wish to become involved in protracted litigation, and at all times we will consider the possibility of achieving an early settlement. As a firm we recognise the advantage of concluding matters through mediation, and this is reflected by the fact that we have a qualified mediator on our staff.

 

Debt recovery fees

Where you have a claim in relation to an unpaid invoice, we will be happy to send a letter before action, issue proceedings, enter judgements in case of default and then enforce the payment of the debt.

These costs 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 (e.g. if a one off letter is required), or an hourly rate if more extensive work is needed.

 

Debt value                    Court fee                                Our fee  

Up to £5,000                £185                                         £500 + VAT

£5,001 to £10,000      £410                                         £750 + VAT

£10,001 to £50,000    4.5% value of the claim       £1000 + VAT

 

Anyone wishing to proceed with a claim should note that:

- The VAT element of our fee cannot be reclaimed from your debtor.

- 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 bailiff, is needed to collect your debt.

 

Our fee includes:

- Taking your instructions and reviewing documentation

- Undertaking appropriate searches

- Sending a 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 Judgement in default

- When Judgement in default in received, write to the other side to request payment

- If payment is not received within 14 days, providing you with advice on next steps and likely costs

 

Matters usually take approximately 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 Judgement in default. If enforcement action is needed, the matter will take longer to resolve.