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Commercial Litigation

//Commercial Litigation
Commercial Litigation2018-12-05T00:42:38+00:00

Many businesses find themselves in disputes that need outside help in finding a solution.

Usually, we advise clients to look for a resolution by negotiation and agreement. Commercial litigation through the courts can be expensive and the risks mean that an agreed settlement is almost always preferably if it can be achieved. Our solicitors are skilled negotiators and can take you through this until the best possible solution is found. if legal action becomes necessary we will discuss all your options and guide you carefully so that at every stage you understand exactly where you are in terms of risk and costs. There are also insurance options available that will limit your exposure to risk and we will always consider whether the could help in your case.

Business Disputes

  • Breach of contract and/or confidence
  • Consumer Law
  • Partnership disputes
  • Debt and asset recovery
  • Insolvency and bankruptcy
  • Copyright, patents and trademarks
  • Directors breach of duty and liability
  • Shareholder disputes
  • Restrictive practices
  • Personal and general taxation

Other Disputes

  • Professional negligence and indemnity
  • Injunctions
  • Enforcement of judgments
  • Product Liability
  • Trespass to goods and land
  • Drafting of documents
  • Boundary and ownership disputes
  • Landlord and Tenant
  • Employment
Court Claims

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. There may be circumstances where we will advise immediate insolvency proceedings against the debtor and we will quote separately for the costs.

Debt Value Court Fee Our Fee (inc. VAT) Total
Up to £5,000 Up to £185.00 £1,200.00 £1,385.00
Up to £5,001 – £10,000 £410.00 £1,200.00 £1,610.00
£10,001 – £50,000 5% value of the claim £1,200.00 TBA



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.
  • A default judgment will include an award of fixed costs and the Court fee.

Our fee includes:

  • Taking your instructions and reviewing documentation.
  • Undertaking appropriate searches.
  • Sending a Letter before Action.
  • Receiving payment and sending on to 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, providing you with advice on next steps and likely costs.

Matters usually take about 10 weeks from receipt of instructions. 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; if payment is received at an earlier stage, the fee will be reduced.

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David Gillibrand

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