Funding Agreements & Costs Information

Costs Information

All initial appointments are free.

To ensure we are available and can accommodate you, all initial meetings are on an appointment basis only. As such please contact our office to arrange an appointment before attending.

When we have an initial meeting with you, we will focus on ensuring you are in a position to make informed decisions about the services you need, how your case will be handled, and the options available to you.

We aim to provide you with information that will allow you to make an informed decision regarding whether you would like to enter into a funding agreement with us, or not.

We will always aim to provide agreements that are Legal, suitable to your needs, and that take into account your best interests.

We have a duty to provide you with the best possible information about how your matter will be priced and, both at the time of engagement and when appropriate as your case progresses, about the likely overall cost of the matter, and any costs incurred.

Some of the main Funding Agreements that may be suitable for your case are:

01: No Win No Fee Agreement

A No Win No Fee Agreement also known as a Conditional Fee Agreement CFA may be appropriate.

If we enter into a No Win No Fee Agreement with you, you remain liable for our hourly rate charges. However providing the CFA conditions are met by you, then we would not seek to recover these from you and they are recovered from the Defendant, and the most that you would have to pay to us would be a percentage of your damages in the event of success only.

(Success means that in relation to all, or part of your claim the opposition agrees to pay you damages whilst either admitting liability (fault), liability being split, or not admitting liability on what is known as a without prejudice basis, or that you are awarded damages by the County Court in relation to all or part of your claim)

This percentage will be agreed with you and depend upon matters such as the merits of the case, the likely amount of damages, the length of time the case will take to get to Trial, the amount of work involved and the complexity. This percentage will be due to us at the end of the case when damages are received.

There are caps to the amount of the success fee that we can charge in some cases, for example in a Personal Injury Claim the most that we can charge you under a No Win No Fee agreement is 25% of the applicable damages. As we are VAT registered this sum will include VAT charged at the applicable rate, currently 20%

02: Contingency Fee Agreement

A Contingency Fee Agreement, this is a percentage (to be agreed with you, of your damages payable to us in the event of success only).

Success means that in relation to all, or part of your claim the opposition agrees to pay you damages whilst either admitting liability (fault), liability being split, or not admitting liability on what is known as a without prejudice basis, or that you are awarded damages by the Employment Tribunal in relation to all or part of your claim.

This percentage will be agreed with you and depend upon matters such as the merits of the case, the likely amount of damages, the length of time the case will take to get to Trial, the amount of work involved and the complexity.

This percentage will be due to us at the end of the case when damages are received.

In an Employment Tribunal Claim the most we will charge you under a contingency fee agreement (providing you comply with the conditions) is 35% of your damages, or 25% of the applicable damages in a Personal Injury case.

As we are VAT registered this sum will include VAT charged at the applicable rate, currently 20%

03: Fixed Fee

Alternatively we can offer a Fixed Fee for the work regardless of whether damages are secured or not, and regardless of whether your case is successful or not.

It is difficult to say how much a Fixed Fee would be, as it depends on the complexity of the matter, the amount of damages likely to be recovered, and the work involved. We would need to discuss with you and consider the work required on a case by case basis before we can offer a fixed fee for the work. 

As we are VAT registered this sum will include VAT charged at the applicable rate, currently 20%”

04: Hourly Rate Basis

If you would like to pay on an Hourly Rate basis we will discuss at the initial interview, either a ceiling figure that costs cannot go beyond without further instructions from you, or a date when we will review the costs position, this is because we must give you the best possible advice about the overall cost both at the outset of a matter and when the matter progresses. We will advise you if we believe the likely cost is going to exceed what you stand to recover in damages.

As we are VAT registered VAT will be charged, and the fee will be the hourly rate charge plus vat at the applicable rate of 20%

If we do agree to act for you on an hourly rate basis, we may require payment of costs in instalments, for example when 5 hours’ work has been carried out, and an initial payment upfront on account.

Further information about Funding Agreements & Costs

If we agree to act for you under a Contingency Fee Agreement in the Employment Tribunal, this would cover Mr Rose Representing you. Mr Fendlen, Mr Rochford, Mr Zvidzayi or Mr Withers may also represent you.

 

If we act for you in the County Court under a No Win No Fee agreement, it would be Mr Rose or Mr Fendlen that represents you. Mr Withers or Mr Rochford may also represent you depending on what type of hearing the matter relates to.

 

If however, you or we recommended a Barrister be instructed to represent you at such hearings, the Barrister’s fee would not be covered under the funding agreement that you enter into with us. This is something separate that we would on your behalf, need to discuss with the Barrister concerned. You will be fully consulted, and your instructions taken before any Barristers fees are incurred, or a Barrister is instructed.

 

The work that is covered under the No Win No Fee, or Contingency Fee Agreement is limited to that specified in the funding agreements.

We will always explain the costs risks to you connected to the case, and consider at the outset whether you have suitable LEI (Legal Expense Insurance) to cover you for costs risks, or whether taking out a policy of ATE (After The Event insurance) may be an option for you. We will discuss the best options with you when we initially meet to discuss your case.

Mr Leslie Rose, Rudy Fendlen, Stephen Rochford, Tapiwanashe Zvidzayi or John Withers will be doing the work. Leslie’s hourly rate is charged at £300 per hour, Rudy’s hourly rate is charged at £250 per hour, Tapiwanashe’s , Stephen’s and John’s hourly rates are £200 per hour.

Leslie’s , Rudy’s, Tapiwanashe’s , Stephen’s and John’s experience and qualifications are set out below. Vat is also charged on the hourly rate at the current rate of 20%.

We are generally free to decide whether we will take your case on or not, this could depend on whether we think there is sufficient merit / reasonable prospects of success, or whether we have the resources to deal with your case, we may at times not have the capacity due to existing work and demands.

Pricing and Services Information – this relates to the provision of advice and representation to employees, in relation to bringing claims before the Employment Tribunal against an employer for Unfair or wrongful dismissal

1. Under a Contingency Fee Agreement.

This would involve us taking a percentage of your damages for our costs, this percentage would never be more than 35%, this is payable to us by you in the event of success only, and at the end of the case when the damages are received. As we are VAT registered the 35% fee will include vat charged at the applicable rate currently of 20%.

Success in relation to the Contingency Fee is defined above, under the main funding agreements that may be suitable for your case section.

The services included for this price, would be all work mentioned in both key stages of the claim below, subject to the conditions being met in the funding agreement. The services do not include representation by a Barrister, or any Appeal made by you or on your behalf.

The Contingency Fee may be a more cost effective way for you to proceed compared to the hourly rate basis below. This is because providing you comply with the conditions you only pay us if you are successful.

2.Under an Hourly Rate basis/agreement

If we act for you on an hourly rate basis, our charges would be based on our hourly rates.

Mr Leslie Rose, Mr Rudy Fendlen, Mr Stephen Rochford, Mr Tapiwanashe Zvidzayi or Mr John Withers will be doing the work, Leslie’s hourly rate is charged at £300 phr, and Rudy’s is £250 phr. Tapiwanashe’s , Stephen’sand John’s  hourly rates are £200 phr. Leslie ,Rudy’s, Tapiwanashe’s, Stephen’s and John’s experience and qualifications are set out below

If you wish to instruct us on an hourly rate basis we would need to meet and discuss the complexity of your matter, then seek to give you an estimate of the cost. You can then decide if you wish to instruct us or not on this basis, or whether other agreements would be more suitable for you.

As explained above we would always advise you if we believed the likely cost of the matter was going to outweigh the damages you would receive, to enable you to decide if you wanted to proceed or not.

We cannot provide the actual costs due to variables but have set out an average cost below. (this is just an average, the actual cost could be more or less)

  • A very basic case would cost approximately £4,000
  • A more complex matter would cost approximately £12,000, and a very complex case would cost approximately £22,000.

As we are VAT registered, VAT would also be charged at the applicable rate of 20% on the above sums.

The services included under this option would cover all work mentioned in both key stages of the claim below, subject to the number of hours work you require us to do, and the payment conditions being met.

The services do not include representation by a Barrister, or any Appeal made by you or on your behalf.

 
3. If we act for you on a fixed fee

If you instruct us on a fixed fee basis, the total costs owed will be the amount we agree to do the work for.

The services included for the fixed fee price would include the piece of work that we agree to do for you under any key stage below.

We cannot say exactly how much our fixed fee would be as it depends on the complexity of the task you ask us to complete.

For example if you asked us to assess merits but the evidence was limited we may be able to do this very quickly, but if there were extensive documents to review this could take much longer.

Below is an average cost of some of the more common pieces of work you may ask us to do under the fixed fee agreement. As we are VAT registered, VAT would also be charged at the applicable rate of 20% on the below sums. Please note this is just an average, and your individual case may be more or less. When we meet to discuss your matter, we will provide you with a more accurate estimate.

Average cost of pieces of work

(£650) – Advice on merits and value                                      

(£550)  -Drafting Letter Before Action  

(£450) – Drafting a grievance letter

(£400) – Assisting you with a settlement agreement (the Third Party often offer a contribution)

(£400) – Assisting you with a COT 3 agreement 

(£450) – Drafting a basic schedule of loss                                       

(£650)  -Drafting ET 1 Claim form and particulars of claim  

(£500) – Drafting a list of documents     

(£650) – Drafting a basic witness statement                                     

(£763)  Preparing for a preliminary hearing

(£1,308) Per full day at Tribunal representing you at the Preliminary hearing

(£1,090)  Preparing for a final hearing

(£1,308) Per full day at Tribunal representing you at the Final hearing

The services included in the price do not include representation by a Barrister, or any Appeal made by you or on your behalf. The services included in the price would include Mr Leslie Rose, Mr Rudy Fendlen, Mr Stephen Rochford,  Mr Zvidzayi or Mr Withers representing you where agreed

We wish to make it clear that the total cost will be the sum mentioned at 1,2 or 3 above, plus any disbursements you incur, or that are incurred on your behalf. For likely disbursements see below. You will be consulted before any disbursements are incurred and you may be asked to provide payment for disbursements upfront.

These are fees that may need to be incurred as part of your claim, and are your liability. Regardless of which funding arrangement you choose, the disbursements always remain your liability.
 
The Employment Tribunal fees to bring a claim have been abolished by the Supreme Court since July 2017, and there are currently no Tribunal fees to start a claim.
 
You may need to obtain your medical records. The medical records can be requested for free by you. But if we request them on your behalf there is a standard fee which is approximately £50, and subject to vat at 20%
 
You may also need to obtain a medical report, the Tribunal may order a medical report cost to be paid for by you in full, or in part by you. Many cases require no medical report, or settle before such evidence is obtained.
 
In the Employment Tribunal we will where possible ask the Tribunal to consider the need for any medical reports at the end of the case once liability (fault) has been decided. This would mean the disbursement would only be incurred if your case was successful, and would avoid the cost of a medical report being obtained unnecessarily.
 
We cannot say the exact cost of what a medical report will be as it all depends on the complexity and expertise of the expert instructed. The cost of a report could range from a few hundred pounds, to over a thousand. A medical report is not likely to exceed £2,500 inclusive of vat, unless there is some particular complexity. Medical reports will also attract vat at 20% as charged by the expert.
 
You may also wish to instruct a Barrister to represent you at any Hearing. Barrister fees are normally around £1,000 – £2,000 plus vat at 20% per day, subject to their experience / years call, (this would also include the Barristers Preparation time)
 
Alternatively you may wish for Mr Leslie Rose, Mr Rudy Fendlen or Mr Stephen Rochford to represent you under the Contingency Fee agreement, which would involve no additional costs.
 
In Employment Tribunal claims adverse costs orders are rare and only made in certain situations, when we meet we will discuss these situations with you, and you can make an informed decision regarding whether you would like to take out After the Event insurance (ATE) or not, this insurance premium would be a disbursement.
 
Insurance premiums can vary depending on the level of risk. We cannot give an exact price of insurance, but we estimate that premiums for Tribunal claims may range from £1,000 to £3,000 plus vat at 20%
 
Please note some ATE insurance policies are happy to defer payment to the end of the case, and we will discuss the terms of any such policy, should you wish to take a policy out. Given costs orders are rare, it is not always necessary to take out such insurance, and many clients do not.
  • Pre Employment Tribunal proceedings

This involves us taking your instructions, considering evidence, conducting research, drafting letters before action, considering any response and responding, dealing with settlement negotiations, assessing the merits of your case, advising you of the value and merits of your claim, entering ACAS Early Conciliation, and concluding any settlement.

  • Preparing the Claim for Tribunal proceedings and beyond

This involves us preparing and submitting your claim to the Tribunal, reviewing and advising on the response, dealing with any settlement negotiations, drafting any schedule of loss, attending / representing at Preliminary Hearings and preparing for them, exchanging documents with the respondent and finalising the bundles for Hearings, drafting witness statements, advising you on the value and merits of your case when things change, preparation for and representation at the Final Hearing

Generally the Pre Employment Tribunal proceedings stage can last a few months, and the Preparing the Claim for Tribunal proceedings and beyond stage can take up to about 16 months. We will do what we can to ensure your claim progresses diligently.
 
If your case settles early on within the ACAS early conciliation process then it is likely to take about 1 – 3 months to conclude.
 
If however the matter continues to a final Hearing your case could take between 5 – 16 months to conclude.

These time scales are very general, and once we have a better understanding of your situation we will provide a much more accurate assessment.

In relation to all work done it will be Mr Leslie Rose, Mr Rudy Fendlen, Mr Stephen Rochford , Mr Tapiwanashe Zvidzayi or Mr John Withers who carries out the work

Leslie holds a LLB with Hons Law Degree, LPC, and is a 7 years post qualified Solicitor, Leslie has over 12 years experience generally working in the Legal Profession, his hourly rate is charged at £300 per hour plus vat

Rudy is a Chartered Legal Executive, and has worked in the Legal Professions for over 8 years, Rudy’s hourly rate is charged at £250 per hour plus vat

Stephen is primarily a very experienced Advocate with 14 years experience specialising in Employment and Discrimination Law. He has wide experience in representing Clients across England and Wales in Multi day and Multi week Employment Tribunal Hearings

Stephens hourly rate is charged at £200 per hour plus vat

Tapiwanashe holds a CPD certificate in Paralegal Practice & Management, a Bachelor of Laws degree, and a Masters of Laws Mercantile Law

Tapiwanashe’s hourly rate is charged at £200 per hour plus vat

John Withers has worked in Employment Law for in excess of 20 years, he holds a masters degree in Employment Law, he also has a History degree. John has experience working within a Law Centre, Citizens Advice Bureau’s, and Law Firms.

John’s hourly rate is charged at £200 per hour plus vat

Where VAT is charged it will be at the applicable rate currently 20%

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