Cost-effective solutions based on a practical, commercial approach that allows you to protect or enforce your rights.

​

We act for a wide range of clients, including businesses and individuals, resolving their disputes through negotiation, litigation or alternative dispute resolution. We seek to resolve the matter in the quickest, most cost effective manner that is satisfactory to the client seeking to avoid lengthy, drawn out litigation that will usually require considerable time, effort and cost. 

 

In certain circumstances, we are able to act on a no-win, no-fee basis.

​

We advise on a wide range of matters and disputes covering areas such as:

​

- Contractual disputes

- Debt recovery

- Directors and shareholders disputes (unfair prejudice claims)

- Partnership disputes

- Property disputes

- Defamation

- Financial mis-selling

- Personal injury

​

We provide clear, practical legal advice at commercially competitive prices that reflect the importance of the work undertaken.

​

For further information please contact us at dominic.tryb@tryb.co of call us on 020 440 2750 for further details.

​

Price transparency: For debt recovery of debts up to £100,000 typical initial costs could include £300 - £750 + VAT for an initial review of the situation with pre-action letter or statutory demand. The hourly charge out rate is £250 + VAT for solicitors. We often use process servers to serve documents. Their costs are usually around £100 + VAT.

​

If a claim needs to be issued with proceedings leading to a trial. A court fee will need to be paid  details can be found on the government website

 

https://www.gov.uk/make-court-claim-for-money/court-fees

 

The cost of full proceedings could range between £10,000 - £50,000 + VAT depending on a number of factors including the amount of disclosure, evidence, witnesses, whether an expert witness is needed, number of days of a trial, complexity of issues etc. A tailored fee estimate can be given once the specifics of the case have been reviewed, broken down for each of the stages of the proceedings.

​

We set out below the main stages of a disputed claim that one would expect to find in litigation proceedings:

​

Issue of the claim and defence

​

The Claimant will need to issue a claim form and file and serve particulars of claim. The Defendant can then defend the claim by filing a defence within the requisite timeframe. If there is a counterclaim against the Claimant, the Defendant may also file a counterclaim.

​

Costs Case Management Conference

​​

The first hearing is largely procedural in nature. It deals with the timetable for the claim, whether any expert evidence will be required, the trial length, the estimated costs of the proceedings and any other procedural concerns. There is no witness evidence and often the parties are not present and are only represented by their respective legal advisers. The court will issue directions as a result of the hearing which form the timetable of the case.

​

Disclosure

​

The court will usually order that the parties search for and disclose all documents and evidence relevant to the case - both documents that help a party's case as well as those that are adverse or help another party's case. The parties then exchange documents so that they can review all documents that are relevant to the case.

​

Witness statements

 

Once the parties are satisfied that each party has disclosed all relevant documents and the documents have been reviewed, the parties draft witness statements for each witness that is going to give evidence on their behalf, if necessary referring to disclosed documents by way of an exhibit. The parties then exchange witness statements. 

​

Expert evidence

 

Some cases need expert evidence. For example, a dispute concerning the quality of a builder's work may need the input of a surveyor to inform the court of what could reasonably be expected from the builder. The court may direct that a single joint expert is instructed by the parties or may decide that each party can have their own experts.

​

Pre-trial review

 

This a further largely procedural hearing which may be dispensed with in some cases. In others the PTR may be necessary if there are still lingering or unresolved issues that need the court's input.

​

Trial

​

If the case has still not settled the parties will go to court to have the case tried in front of a judge. This will usually take at least a day in more complex matters, with a larger number of witnesses or expert evidence this can take a number of days. The judge will listen to the evidence and each party has the opportunity to cross examine the opposing witnesses on their witness evidence. The judge will then come to a decision as to which party has been successful and what order should be made as to costs. It is usual for the successful party to have their reasonable costs paid for by the losing party (often around 60%).

​

Statutory demand

​

Another method of achieving payment, where the sums are not in dispute is by issuing a statutory demand.

​

A statutory demand must be drafted an served on the debtor. The debtor then has 21 days to either pay or dispute the debt on substantial grounds. The dispute must be genuine and often debtors are keen to invent one in an attempt to stymie the statutory demand process.

​

If the statutory demand and there is no reasonable dispute or counterclaim then, in the case of a company, a winding up petition can be sought, or in the case of an individual a bankruptcy petition can be served. This initiates insolvency proceedings against the debtor which can result in the debtor's liquidation (if a company) or bankruptcy (for an individual). This is often quite a motivating factor for making payment of a debt and can be a useful method of achieving payment early on without too much cost.

​

As in all cases though it is worth considering whether the debtor has the resources to actually make payment otherwise any victory in court will only be 'pyrrhic' as the costs of the proceedings may not be recovered.

​

The above is a summary and overview of some of the features of proceedings in court, It is not a substitute for legal advice and should not be relied on.

​

For further information please contact us on 0203 440 2750 or dominic.tryb@tryb.co for further details.