Dispute Team 010218 version 2

Litigation Services – Commercial Litigation

Realistic Advice to Resolve Your Disputes

Our lawyers, Laura CampbellJohanna Nolan, and Partner, Geoff Lamb, have a wealth of experience and will guide you through the often complex legal issues arising out of your disputes. Dealing with a dispute can be time consuming and we appreciate that to a business time is money.  We therefore, make an early assessment of the strengths and weaknesses of the case and offer pragmatic advice to ensure we meet your objectives in pursuing the matter on your behalf including advice on resolving your dispute through negotiation/mediation.

The cost of pursuing/defending a claim can be an obstacle when facing the prospects of litigation.  We discuss funding options available and where appropriate will enter into a conditional fee arrangement with you.  We also offer an initial fixed fee interview for one hour to review your potential claim with you.

Our Expertise

  • Contract Disputes

    Advice on contractual disputes including interpretation of contracts and supply of goods/services agreements, disputes arising out of construction contracts

  • Property Disputes

    Landlord and Tenant disputes in particular advice on terminating a Lease/Tenancy and obtaining payment from a defaulting tenant, removing squatters from a property, possession claims, claims over rights of way and enforcing easements

  • Company Disputes

    We offer practical advice on disputes between directors, disputes between shareholders including minority shareholders and LLP disputes

  • Professional Negligence

    Unhappy with advice received?   We review your potential claim and advise on all types of claims arising out of the negligence of professional organisations

  • Partnership Disputes

    Advice following the breakdown of a business relationship between Partners, including deadlock situations in circumstances where a Partnership Agreement exists or in the absence of this where the Partnership Act must be applied.

  • Debt Collection

    Acting mostly for small and medium sized enterprises we recognise the serious impact caused to your business when bills are not paid on time. We will treat your claim against a Debtor as one of utmost importance and seek to recover the sums due to you as promptly and as efficiently as possible.  For details of our pricing of this work please see below.

Debt Recovery for Business – Fees Information

Acting mostly for small and medium sized enterprises we recognise the serious impact caused to your business when bills are not paid on time.  We will treat your claim against a Debtor as one of utmost importance and seek to recover the sums due to you as promptly and as efficiently as possible.  Our Litigation Team of Geoff Lamb, Johanna Nolan and Laura Campbell (see our Team) are all qualified Solicitors with a vast experience of handling disputes, including debt recovery.

Letter Before Action

If you have not been able to recover the money due to you and you request us to carry out work on your behalf to obtain payment, we would initially do the following :-

  • Take your full instructions and review the relevant documentation
  • Undertake appropriate searches
  • Send on your behalf what is known as a letter before action to the Debtor requiring payment within a specified period and indicating that a failure to pay within that period will result in a Court claim

We will undertake this step for you at a fixed fee to be agreed beforehand.  The fee will range from £150.00 + VAT to £250.00 + VAT depending on the complexity of the claim and the volume of documentation to be considered.  Generally speaking, however, the fee charged tends to be at the lower end of the bracket.

Time spent in considering and taking your instructions on any reply from the Debtor will be charged at an hourly rate of £200.00 + VAT.

We are happy to agree a bespoke fees package where businesses instruct us on a regular basis to pursue overdue debts.

Court Claims

Where it becomes necessary to commence Court action in relation to an unpaid invoice which is not disputed, the fees set out below will apply in relation to the preparation of a Court Claim Form, issuing the claim in Court, and subsequently entering Judgment.

If the other party disputes your claim by sending to the Court a Defence, we will discuss with you any further work required and provide you with revised costs information.  If a limited piece of work is required, we will agree with you a fixed fee.  If more extensive work is necessary, the hourly rate to be applied will be £200.00 + VAT.

Debt Value Court Fee Our Fee (excluding VAT) Total costs (excluding VAT)
       
Up to £5,000.00 £35.00-£205.00 depending on the value of the claim £200.00 £235.00-£405.00
£5,001.00-£10,000.00 £455.00 £250.00 £705.00
£10,001.00-£50,000.00 5% of the value of the claim £400.00 £900.00-£2,900.00
£50,001.00-£100,000.00 5% of the value of the claim £500.00 £3,050.00-£5,500.00

For debts over £100,000 please contact us for an estimate.

Please note that to our fee will be added VAT, currently 20%.

You should note that:-

  • It may be possible to recover as part of the Judgment against the Debtor certain fixed costs and the Court fee but the fixed costs may well not be enough to cover the whole of our fee
  • The VAT element of our fee cannot be reclaimed from the Debtor
  • Interest and compensation under the Late Payment Legislation may take the debt into a higher banding with a higher cost
  • The fees quoted above do not include any action required (e.g instructing a Bailiff) to enforce a Judgment against a Debtor

Timescale

If the Debtor does not pay in response to the letter before action, the timescale from receiving your instructions to commence proceedings to obtaining Judgment is likely to be around 6-8 weeks. If the Debtor does not pay promptly on receipt of the Judgment and enforcement action is needed, the matter will take longer to resolve.

Alternatives

As an alternative to Court action you might wish to commence insolvency proceedings against the Debtor in the form of a Winding Up Petition against a Company or a Bankruptcy Petition in the case of an individual. Different fees will apply in that scenario.  Please contact one of our Fee Earners for a bespoke quotation.

For further information please contact our Dispute Resolution Department on 0161 624 5614.

  • In This Section

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    Jonathan Taylor
    16:59 01 Feb 20
    We just wanted to thank North Ainley Solicitors again for... all your help. From the initial conversation with Vinesh explaining the process to Cassie answering my many questions and getting us through the line! It’s always a stressful time moving home and we were so happy when you rang with the good news (and we could tell you were too!) and we have collected our keys for our gorgeous new home. We would most definitely recommend North Ainley to anybody moving house! Thanks for a great service.read more
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    I have just completed my sale and purchase of homes and... would strongly recommend north ainley to others based on the amazing customer experience I received from Cassie Stafford. Cassie made this whole process simple for me. She was attentive, personable, professional and amazing In all she did Thank you cassieread more
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    10:00 18 Nov 19
    We came to North Ainley on 3 recommendations! Wanted to... say a huge thank you to Jill and Sophie in the conveyancing team. They have provided us a brilliant service and have always responded efficiently in a speedy and professional manner to our questions and emails. Jill and Sophie were very professional, caring and helpful at every stage of the process. Jill provided us with her great knowledge and her expert advice along the way and we really appreciated that. I would definitely recommend them as a team and would 100% use their services again! Thanks Jill and Sophie - we are so grateful for your help and genuine approach. Keep up the good work you are a credit to North Ainley! I would have no hesitation in recommending them and will use the company again for any future legal work I might need doing. Thank you :)read more
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    Jason Saxon
    14:05 17 Oct 19
    Would really recommend North Ainley. We dealt with Cassie... who was friendly and helpful throughout the whole process. We experienced challenges with our chain and Cassie always kept us up-to-date, re-assured us and did everything to push things along to completion. I would not hesitate to use them again. Thanks Cassie and co.read more
    Claire Wilmot
    Claire Wilmot
    10:03 16 Aug 19
    I have used North Ainley on several occasions for... conveyancing on investment properties and I cannot recommend them enough. Jill Gregory has been brilliant, she's very efficient and responsive to my emails. Jill replies promptly and made things easy by allowing me to do everything by email so I didn't have lots of paper going back and forth. Thank you Jill, and all the other staff behind the scenes, that have handled everything so well. I will continue recommend you to everyone who needs a solicitor! :)read more
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    Cassie was fantastic throughout our sale and would... recommend North Ainley if selling or buying a house.read more
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    Lynn Findlater
    18:55 01 Dec 18
    I have used North Ainley for a number of years. They have... successfully dealt with my parent's wills and more recently the sale of 2 properties. The staff are exceptional and imparticular Cassie who took care of the whole process from start to finish whilst I was overseas. She diligently chased all third parties and kept me informed at all times. I would recommend North Ainley as they have proved themselves time and again over the last 10 years in all of my family's legal affairs.read more
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    Excellent service. handled my latest commercial purchase... professionally. Would recommend to anyone who is looking for a solicitors who are proffesional and easy to work with. Top service.read more
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    Excellent! Very friendly and fantastic communication... throughout. Nothing was to much trouble. Thankyou Vinesh and Cassie. Would definitely recommend.read more
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    Fantastic Solicitors firm. Very professional. Close to... Oldham Town Centre. Answer all your questions and concerns. Keep you upto date at every stage. I have used this firm for many years in buying and selling property. You can not go wrong using North Ainley Solicitors.read more
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