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Our Legal Fees

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Our Legal Fees

Our Legal Fees

Edwards Duthie Shamash Solicitors believe in complete and easy to understand pricing transparency to all of our clients. We outline below the fees associated with the various areas of law.

Residential Property Fees

This work will be undertaken by members of our Property Team and will be supervised by Hilary Green , Partner. Please see Our People section of the website for further information.

Sale of a residential property

Our fees cover all of the work normally required to complete the sale of land or property in England. Our standard rates are as follows

Freehold SaleBasic FeesVAT
Up to £400,000£900.00£180.00
Over £400,0000.25%At 20%
Leasehold SaleBasic FeesVAT
Up to £300,000£900.00£180.00
Over £300,0000.3%At 20%

The figures quoted above apply where your work is handled by one of our experienced solicitors. However, where the matter is being dealt with by one of our partners or consultants, costs will be provided on application. This is because the hourly rates applicable will be higher. The figures quoted assume that the matter is not drawn out or complicated. If the matter does become complex or protracted then there may be additional fees payable. Examples of common issues include (but are not limited to):

  • Where title is unregistered
  • Where there is a breach of a restriction e.g preventing alterations or change of use of the property
  • Where there is a defect in title
  • Where the property lacks the rights required for ordinary use and enjoyment, e,g access or the usual services
  • Expedited transactions .ie less than 3 weeks from receipt of papers to exchange
  • Where a lock out or exclusivity agreement is required or there is a contract race

In the case of leasehold property this might include:

  • Where your sale includes the sale of a share of the freehold
  • Where a lease extension is involved
  • Where freeholder consent for any reason may be required
  • Missing or absentee landlords
  • Where the lease is defective e.g lack of repairing covenants covering each part of the building

Disbursements

Disbursements are costs related to your matter that are payable to third parties, e.g the Land Registry. We handle the payment of these disbursements on your behalf to ensure a smoother process. These will vary depending on where the property is located but as a guide these will be within the following range:

With leasehold properties there will usually be a Management Pack which we will need to pay for. Costs vary considerably but would ordinarily be between £250 and £600. Depending on what your lease says, there can also be fees for a Licence to Assign or Compliance Certificate. These fees vary from property to property and can vary significantly. We can give you an accurate figure once we have sight of the Landlord’s management pack

Stamp Duty is payable in bands according to the purchase price. Here is a link to the HMRC Stamp duty calculator https://www.tax.service.gov.uk/calculate-stamp-duty-land-tax/#/intro

How long will my transaction take?

Please note that the national average transaction time from instruction to completion is generally regarded as 8-12 weeks.  It can be quicker than that as long as all other parties in the chain co-operate.  Common delaying factors will be delays in issue of your buyer’s mortgage offer, local search delays in certain areas and (if the property is leasehold) delays in obtaining management and service charge information). Unfortunately the timescale is normally governed by the slowest party involved in the chain. We will do all within our power to make sure that we minimise any delays.

Stages of the process

The precise stages involved in the sale of a residential property vary according to the circumstances. However, below these are the key stages in a normal transaction:

  • Taking your instructions and giving you initial advice
  • Preparing contract documents and obtaining standard information from you which the Buyer will require
  • Answering enquiries raised by the buyer’s solicitor
  • Liasing with your lender regarding repayment of the mortgage
  • Obtaining signature of key documents e.g contract
  • Agreeing a completion date (i.e the date on which you will vacate the Property)
  • Exchanging contracts and notifying you that this has happened
  • Completing the sale

Purchase of a residential property

Our fees cover all of the work normally required to complete the purchase of land or property in England, including dealing with registration at the Land Registry and the payment of Stamp Duty Land Tax (Stamp Duty).

The following figures apply where your work is handled by one of our experienced solicitors. However, where the matter is being dealt with by one of our partners or consultants, costs will be provided on application. This is because the hourly rates applicable will be higher

Freehold PurchaseBasic FeesVATMortgage FeesVAT
Up to £400,000£990.00£198.00£250.00£50.00
Over £400,0000.25%At 20%£250.00£50.00
Leasehold PurchaseBasic FeesVATMortgage FeesVAT
Up to £300,000£990.00£198.00£250.00£50.00
Over £300,0000.33%At 20%£250.00£50.00

The figures quoted above assume that the matter is not drawn out or complicated. If the matter does become complex or protracted then there may be additional fees payable. Examples of common issues include (but are not limited to):

  • Where title is unregistered
  • Where your mortgage lender instructs it’s own solicitor
  • Where the property is newly built or in the course of construction
  • Where there is a breach of a restriction e.g preventing alterations or change of use of the property
  • Where there is a defect in title
  • Where the property lacks the rights required for ordinary use and enjoyment, e,g access or the usual services
  • If you are buying with the assistance of the Government’s Help to Buy scheme
  • Expedited transactions .ie less than 3 weeks from receipt of papers to exchange
  • Where a lock out or exclusivity agreement is required or there is a contract race

In the case of leasehold property this might include:

  • Where your lease purchase includes the purchase of a share of the freehold
  • Where a lease extension is involved
  • Where freeholder consent for any reason may be required
  • Shared ownership transactions
  • Missing or absentee landlords
  • Where the lease is defective e.g lack of repairing covenants covering each part of the building

Disbursements

Disbursements are costs related to your matter that are payable to third parties, e.g search providers and the Land Registry. We handle the payment of these disbursements on your behalf to ensure a smoother process. These will vary depending on where the property is located but as a guide these will be within the following range:

Local Authority Search , Drainage Search, Chancel Search, and

Environmental Search £300-400 (inc VAT)

Land Registry £6-20 ( inc VAT)

Land Registry fee £20-900 (no VAT)

Telegraphic Transfer Fee  £24.00 (inc VAT) per transaction

With leasehold properties there can also be fees for a Licence to Assign or a Deed of Covenant or Compliance Certificate. These fees vary from property to property and can vary significantly. We can give you an accurate figure once we have sight of the Landlord’s management pack

Stamp Duty is payable in bands according to the purchase price. Here is a link to the HMRC Stamp duty calculator https://www.tax.service.gov.uk/calculate-stamp-duty-land-tax/#/intro

How long will my transaction take?

Please note that the national average transaction time from instruction to completion is generally regarded as 8-12 weeks.  It can be quicker than that as long as all other parties in the chain co-operate.  Common delaying factors will be delays in issue of your mortgage offer, local search delays in certain areas and (if the property is leasehold) delays in obtaining management and service charge information). Unfortunately the timescale is normally governed by the slowest party involved in the chain. We will do all within our power to make sure that we minimise any delays.

Stages of the process

The precise stages involved in the purchase of a residential property vary according to the circumstances. However, below these are the key stages in a normal transaction:

  • Taking your instructions and give you initial advice
  • Checking finances are in place including the source of funds
  • Receiving and considering contract documents
  • Carrying out searches
  • Making any necessary enquiries of seller’s solicitor
  • Advising on all documents and information received
  • Going through conditions of mortgage offer with you
  • Obtaining signature of key documents e.g contract and mortgage
  • Agreeing a completion date (i.e the date from which you will own the property)
  • Advising on joint ownership issues
  • Exchanging contracts and notifying you that this has happened
  • Arranging for payment of all monies needed to complete the purchase by you and your lender
  • Completing the purchase
  • Dealing with payment of Stamp Duty/Land Tax
  • Dealing with application for registration at the Land Registry

Debt Recovery Fees

This work will be undertaken by members of our Dispute Resolution Team and will be supervised By Bradley Wright. Partner. Please see Our People section of the website for further information.

Business to business debt that is undisputed

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.

Debt valueCourt feeOur fee
Up to £5,000£35-205£2,000 – £3,500 (plus 20% VAT)
£5,001 – £10,000£455£3,000 – £5,000 (plus 20% VAT)
£10,001 – £50,0005% value of the claim£4,000 – £8,000 (plus 20% 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 28 days, providing you with advice on next steps and likely costs

Matters usually take 4-26 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.

Probate Fees

This work will be undertaken by members of our Wills and probate Team and they will be supervised by Anna Orpwood, Partner. Please see the Our People section of the website for their details.

Full Administration of Estate

Applying for the grant, collecting and distributing the assets

The exact cost will depend on the individual circumstances of the matter. For example, if there is one beneficiary and no property, costs will be at the lower end of the range. If there are multiple beneficiaries, a property and multiple bank accounts, costs will be at the higher end.

We will handle the full process for you. This includes

  • Provide you with a dedicated and experienced probate solicitor to work on your matter
  • Identify the legally appointed executors or administrators and beneficiaries
  • Accurately identify the type of Probate application you will require
  • Obtain the relevant documents required to make the application
  • Complete the Probate Application and the relevant HMRC forms
  • Draft a legal oath for you to swear
  • Make the application to the Probate Court on your behalf
  • Obtain the Probate and securely send two copies to you
  • Collect and distribute all assets in the estate

This quote is for estates where:

  • There is a valid will
  • There is no more than one property
  • There are no more than 3 bank or building society accounts
  • There are no other intangible assets other than 3 bank accounts and cash.

There are no assets abroad

  • There are no more than 2 beneficiaries
  • There are no disputes between beneficiaries on division of assets. If disputes arise this is likely to lead to an increase in costs
  • There is no inheritance tax payable and the executors do not need to submit a full account to HMRC
  • There are no trusts in the will.
  • There are no missing beneficiaries
  • There are no claims made against the estate
  • There are no deeds of variation required.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as court or  search fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

Anticipated Disbursements not included in the fee

  • Probate application fee of £155.00
  • £7.00 Swearing of the oath (per executor)
  • Bankruptcy-only Land Charges Department searches (£2.00 per beneficiary)
  • £250.00 Post in The London Gazette in a Local Newspaper – Protects against unexpected claims from unknown creditors. (this is an estimate as it may vary by location )

Potential additional costs

  • If there is no will or the estate consists of any share holdings (stocks and bonds) there is likely to be additional costs that could range significantly depending on the estate and how it is to be dealt with. We can give you a more accurate quote once we have more information.
  • If any additional copies of the grant are required, they will cost £1.50 plus 20% VAT (1 per asset usually).
  • Dealing with the sale or transfer of any property in the estate is not included.

Timescales

On average, estates that fall within this range are dealt with within 3-12  months. Typically, obtaining the grant of probate takes 3-6 months . Collecting assets then follows, which can take between 4-12 months.

Our Fees

Our fees are calculated i partly on a charge for the time taken to administer the estate and partly on a percentage of the value of the estate. The hourly rate in £235.00 per hour.

Generally it is very difficult to estimate the amount of time required to complete the administration as it is not always clear at the outset whether complicated issues will arise.  My best estimate at this stage is that the hourly rates element of our fees will be within the range £3,000 to £5,000 excluding VAT and disbursements.

We charge an additional value element to reflect the complexity of the matter, the expertise and responsibility involved in dealing with the administration and the value of the estate.

Where we are acting for you as the Executor, we charge 0.5% of the gross value of the deceased’s residence and 1% of the gross value of the remainder of the estate.

Grant of Probate

We can help you through this difficult process by obtaining the Grant of Probate only on your behalf. You will be responsible for completing the administration yourself.

As part of this service, we will:

  • Identify the legally appointed executors or administrators and beneficiaries
  • Accurately identify the type of Probate application you will require
  • Obtain the relevant documents required to make the application
  • Complete the Probate Application and the relevant HMRC forms
  • Draft a legal oath for you to swear
  • Make the application to the Probate Court on your behalf
  • Obtain the Probate and securely send two copies to you

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

Anticipated Disbursements

£ 155.00Probate application fee of
£7.00Swearing of the oath (per executor)
(£2 per beneficiary)Bankruptcy – only Land Charges Department searches
£250.00Post in The London Gazette and in a Local Newspaper – Protects against unexpected claims from unknown creditors.

This quote is for estates where: there is no inheritance tax payable and the executors do not need to submit a full account to HMRC

TOTAL: fixed fee of £1800.00 (incl. VAT).

Driving Offence Fees

This work will be undertaken by members of our Criminal Team and will be supervised by Shaun Murphy, Partner. Please see Our People section for the website for further details.

Driving Offences

Drink driving offence, guilty pleas –fixed fee of £545.00. This does not include Vat and disbursements

Fee includes:

  • 2 hours attendance/preparation:
    • considering evidence
    • taking your instructions
    • providing advice on likely sentence
  • Attendance and representation at a single hearing at the Magistrates Court
  • An assumption that our travel time to and from Court will not exceed 2 hours
  • that your case concludes within half a day at Court

The fee does not include:

  • instruction of any expert witnesses
  • taking statements from any witnesses
  • advice and assistance in relation to a special reasons hearing
  • advice or assistance in relation to any appeal
  • travel time in excess of 2 hours
  • any hearing that lasts more than half a day
  • additional costs incurred by interviewing witnesses and taking statements from them
  • Meet with your solicitor to provide instructions on what happened.
  • We will consider initial disclosure, and any other evidence and provide advice.
  • We will explain the court procedure to you so you know what to expect on the day of your hearing, and the sentencing options available to the court.
  • We will conduct any further preparatory work, obtain further instructions from you if necessary and answer any follow up queries you have.
  • We cannot provide a timescale of when your hearing will take place, as this depends on the court listing for that day.
  • We will attend court on the day and meet with you before going before the court. We anticipate being at court for .
  • We will discuss the outcome with you. If advice is required on appeal, this will carry an additional cost.

Employment Tribunal Fees

This work will be undertaken by members of our Employment Team, supervised by Bradley Wright, Partner. Please see Our People section of the website for further details.

Bringing and defending claims before the Employment Tribunal

Our pricing for representing you in bringing and defending claims before the Employment Tribunal.

Simple case: £4,000-£10,000 (excluding VAT charged at 20%)

Medium complexity case: £10,000-£20,000 (excluding VAT charged at 20%)

High complexity case: £25,000-£50,000 (excluding VAT charged at 20%)

The above is not a cap on fees and cases can exceed these costs due to the complexity of the case. It also depends upon the level of experience of solicitor working on your matter. These fees range from £185 + VAT (newly Qualified solicitor) up to £350 + VAT (Head of Department or Partner).

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 the dismissal
  • Any appeal to court decisions
  • Whether our advice is followed

The more of these factors apply to your case, the higher the level of complexity. In more complex cases additional time will require to be spent on your matter in turn increasing the likely cost.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such expert fees (e.g. medical expert to ascertain disability). We handle the payment of the disbursements on your behalf to ensure a smoother process.

Counsel’s fees estimated between £1,000 – £2,500 per day (depending on experience of the advocate) for attending a Tribunal Hearing. There is likely to be a ‘brief fee’ in addition to the above attendance fees, the level of which would depend upon the complexity of your matter and the numbers of days listed. However this could be in the range of £500 + VAT for a simple case to £5,000 + VAT for a high complexity case. Generally we would allow 1-3 days for a low complexity case, 4-7 days for a medium complexity case and 8-10 days for a High complexity case.

Key stages

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 party’s 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 of stages above are not required, the fee may be reduced. You may wish to handle the claim yourself and only have our advice in relation to some of the stages. This can also be arranged on your individual needs and specific quote can be provided upon your instructions.

How long will my matter 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 6-8 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 6-12 months. This is just an estimate and we will of course be able to give you a more accurate timescale once we have more information as to the complexity of your case and as the matter progresses. As you will appreciate the Employment Tribunals are also very busy right now and so your case could take longer.

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