Pricing of Litigation Services

In accordance with SRA Transparency Guidance 2018, please find below our approach to fees and service for the delivery of certain litigation services.

Pricing for Licensing Application (Small Business)

Our charges
These legal fees relate to applications for a Premises Licence under Section 17 of the Licensing Act 2003 and variations of a Premises Licence under Section 34 of the Licensing Act 2003 to allow those premises to be used for one or more licensable activities other than a minor variation:

  • A simple application £1,300 to £1,820 (based on 5 to 7 hours at an hourly rate of £260) excluding VAT.
  • Medium complexity £2,080 to £3,900 (based on 8 to 15 hours at an hourly rate of £260) excluding VAT.
  • High complexity £4,160 to £6,500 (based on 16 to 25 hours at an hourly rate of £260) excluding VAT.

Factors that could make a case more complex:

  • A cumulative impact policy
  • Type and size of premises
  • Location of premises
  • Type and size of event
  • Objections received

Disbursements
Disbursements are expenses that are payable to third parties. We handle the payment of disbursements on your behalf to ensure a smoother process.

The disbursements we usually anticipate are detailed below. This is not an exhaustive list and other disbursements may apply depending on the application process.

For the avoidance of doubt, disbursement payments are in addition to our charges for advice and are not included as part of the above fee.

  •  Application fee (payable to licensing authority): £100 to £1,905 *
  • Advertisement fee: £50 to £160 * plus VAT
  • Enquiry agent fees to display notices: £150 to £250 *
  • Special delivery fee to deliver the application: £52
  • Additional copies of plans if necessary: £10

(* Those fees vary depending on the individual premises and where it is located. The fees can on occasion be higher than the ranges given above. We will give you an accurate figure for each item as soon as we are able to do so.)

We may require payment on account to cover disbursements before those are incurred in which case we will give you reasonable notice when these funds are required.

What does our fee include?

  • Application for a Premises Licence under Section 17 of the Licensing Act 2003 or to vary a Premises Licence under Section 34 of the Licensing Act 2003 to allow those premises to be used for one or more licensable activities other than a minor variation

The fees set out above do not include:

  • Obtaining suitable plans
  • Attending pre consultation meetings with the licensing authority or responsible authorities nor their fee for this meeting
  • Dealing with and advising you in relation to queries or representations received from either the responsible authorities or other interested parties
  •  Attendance and representation at a licensing subcommittee hearing of the responsible authorities. If representations are received and attendance and representation at licensing subcommittee is required, then we will provide a separate fee estimate for this work which will be charged at an hourly rate or we may instruct Counsel in which case we will provide you with an estimate for Counsel’s fees which will depend upon the experience of the advocate.

What happens if I change my mind and don’t want to go through with the transaction anymore?
Should you wish to terminate the transaction at any time, you will be liable for any costs and disbursements incurred to date, and will be billed for them.

How long is my transaction likely to take?
Matters usually take 10 to 12 weeks from receipt of full instructions from you. This is on the basis of the application being relatively straightforward and you being able to provide all the necessary documents promptly. If your matter is more complex for example if there is substantial opposition from interested parties, or if there is a delay in receiving the documents we need, it may take longer.

What can I expect from this process?

The fees set out above cover all of the work in relation to the following key stages of an application:

  • Taking your instructions and advising you as to how you can promote the licensing objectives within your application
  • Advising you as to the type of plans you are required submit with your application
  • Completing the application form for a new premises licence (including the operating schedule) in accordance with your instructions and submitting this to the local licensing authority alongside suitable plans. You must provide suitable plans.
  • Providing guidance on the fee levels payable to the licensing authority
  • Preparing copies of the premises licence application for disclosure to the responsible authorities and serving copies of the application on the responsible authorities
  • Drafting the notices advertising the premises licence application and submitting the notice to the local newspaper
  • Arranging with you for you to display the notice(s) advertising the premises licence application and advising as to where and how this should be done by you in order to comply with the requirements of the Licensing Act 2003
  • Providing a Designated Premises Supervisor (DPS) consent form for signature by a personal licence holder proposed by yourself
  • Checking the licence once granted and correcting any errors with the licensing authority

Who is going to do this work for me and what is their experience?
The work will be carried out by one or more of our lawyers in the Litigation & Dispute Resolution Team.

Business Debt Recovery

Our charges
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 or an hourly rate if more extensive work is needed.

Debt Recovery Charges Pricing Table

Anyone wishing to proceed with a claim should note that:

  • The VAT element of our fee cannot be reclaimed from your debtor if 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 actions, such the bailiff, is needed to collect your debt.
  • If your debtor pays upon delivery of a letter before action and without the need for court action, our fees will be lower.

What does this fee include?

  • Taking your instructions and reviewing documentation
  •  Undertaking appropriate searches
  • Sending a letter before action
  • Dealing with payment and sending onto you, or if the debt is not paid, drafting and issuing claim
  • Where no Acknowledgement of Service or Defence is received, applying to the Court to enter Judgment in Default
  • When Judgment in Default is received, writing 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.

Disbursements
Disbursements are expenses that are payable to third parties. We handle the payment of disbursements on your behalf to ensure a smoother process.

For the avoidance of doubt, disbursement payments are in addition to our charges for advice and are not included as part of our above fee.

We may require payment on account to cover disbursements before those are incurred, in which case we will give reasonable notice when those funds are required.

What happens if I change my mind and don’t want to go through with the transaction anymore?

Should you wish to terminate the transaction at any time, you will be liable for any costs and disbursements incurred to date, and will be billed for them.

How long will it take?
Matters usually take 2 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 enforcement action is needed, the matter will take longer to resolve.

Who is going to do this work for me and what is their experience?
The work will be carried out by one or more of our lawyers in the Litigation & Dispute Resolution Team.

Pricing for Employment Tribunal

Our charges
Our legal fees for bringing and defending claims for unfair or wrongful dismissal:

  • Simple case: £10,000 to £20,000 (excluding VAT)
  • Medium complexity case: £20,000 to £30,000 (excluding VAT)
  • High complexity case: £30,000 to £75,000 (excluding VAT)

Charges are based on an hourly rate of £260 for the solicitor (excluding 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)
  • The number of witnesses and documents
  • If it is an automatic unfair dismissal claim e.g. if you are dismissed after blowing the whistle on your employer
  • Allegations of discrimination which are linked to dismissal. For the avoidance of doubt we are not able to accept instructions in discrimination cases.

There will be an additional charge for attending a Tribunal hearing of up to £2,600 per day (excluding VAT). Generally, we would allow one to five days depending on the complexity of your case.

Disbursements
Disbursements are expenses that are payable to third parties. We handle the payment of disbursements on your behalf to ensure a smoother process.

The disbursements we usually anticipate are detailed below. This is not an exhaustive list and other disbursements may apply depending on the Tribunal process.

We may require payment on account to cover disbursements before those are incurred, in which case we will give reasonable notice when those funds are required.

For the avoidance of doubt, disbursement payments are in addition to our charges for advice and are not included as part of the above fee.

In the event expert evidence is required, we will advise you of the likely cost before that expense is incurred.

Examples of disbursements likely to be incurred and which are exclusive of VAT:

  • Counsel’s fees for preparing claim or response estimated between £1,000 and £2,500 (depending on experience).
  • Counsel’s fees for preparing a written advice upon merits, evidence and quantum estimated to be between £1,000 and £2,500 (depending on experience).
  • Counsel’s fees for a conference estimated to be between £1,500 and £2,500 (depending on experience).
  • Counsel’s fees estimated to be between £750 and £4,600 per day (depending on experience of the advocate) for attending a Tribunal hearing (including preparation).

What does this include?
Our fees cover all the work required to bring or defend a claim for unfair or wrongful dismissal. As described, other costs in the form of disbursements may be incurred on top of the fee for a simple, medium or high complexity case.

How long will it take?
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. 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 26 to 52 weeks.

Tribunal availability is a factor beyond our control and may cause quoted timings to be different.

What happens if I change my mind and don’t want to go through with the transaction anymore?
Should you wish to terminate the transaction at any time, you will be liable for any costs and disbursements incurred to date, and will be billed for them.

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 parties’ witness statements;
  • Agreeing a list of issues, a chronology and or cast list;
  • Preparation and attendance at final hearing, including Instructions to Counsel.

The stages set out above are an indication and if some stages above are not required, the fee will be reduced.

Who is going to do this work for me and what is their experience?
The work will be carried out by one or more of our lawyers in the Litigation and Dispute Resolution Team.

Companies & Businesses

Legal support to owner-managed and corporate businesses in East Anglia

Personal Wealth

Make or Review Your Will

Create Power of Attorney

Arrange Court of Protection Deputyship

Arrange Probate

Property Development

Barr Ellison has built a solid reputation over the years for working with our clients to achieve enhanced value for their land through property development.