enquiries@edward-harte.co.uk
01273 662 750

Fees and costs

Probate Fees

Our fees in the Administration of Estates and Probate (where property and assets are within the UK and uncontested) are based on the relevant fee earners’ hourly rate. VAT will be added to our charges at the rate that applies when the work is done; at present VAT is 20%.  In addition, on more complex estates, a mark-up may be chargeable based on 1% of the Personal Estate and 0.5% of the real estate plus VAT.

It is always difficult to estimate at the beginning of a matter how much time will be required to wind up an Estate as this depends to a considerable extent on the complexity and range of assets and debts and the amount of assistance beneficiaries request of us but, in the majority of cases our total costs exclusive of VAT and payments that we make on your behalf would not normally exceed 2% to 2.5% of the Gross Estate.  An initial appointment will often establish an accurate fee estimate for the matter.

All work is either carried out or overseen at Partner level with assistance by qualified support staff.

Fixed Fees for a 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 (if a one off letter is required), or an hourly rate if more expensive work is needed.

Stage 1 – Pre-action work

Debt Value Court Fee Our Fee Total
Up to £10,000 £0 £250 + VAT (£50) £300
Over £10,000 £0 £500 + VAT (£100) £600

 

Stage 2 – Court Proceedings

Debt Value Court Fee Our Fee Total
Up to £10,000 £35 to £455

https://www.gov.uk/make-court-claim-for-money/court-fees

 

£300 + VAT (£360) £395 – £815 (depending on Court fee)
Over £10,000 5% of the value of the Claim £600 + VAT (£120) £720 plus 5% of the value of the claim for the Court Fee

 

Anyone wishing to proceed with the claim should note that:

  • We may be able to recover our fees from the Debtor depending on the circumstances of the case.
  • 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 on to you, or if the debt is not paid, drafting and issuing a claim.
  • Where no Acknowledgement of Service or Defence is received, apply 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 within 14 days, providing you with advice on next steps and likely costs.

Matters usually take 4 to 10 weeks on 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.

Conveyancing

Our fees cover all of the work required to complete the purchase of your new home, including dealing with registration at the Land Registry and dealing with the payment of Stamp Duty Land Tax (Stamp Duty) if the property is in England, or Land Transaction Tax (Land Tax) if the property you wish to buy is in Wales. In the great majority of cases our legal fee includes us dealing with your mortgage.

Conveyancer’s fees and disbursements

  • Legal fee for purchase up to £250,000 – £850 plus VAT
  • Legal fee for purchase up to £500,000 – £950 plus VAT
  • Legal fee for purchase up to £700,000 – £1,100 plus VAT
  • Legal fee for purchase up to £1m – £1,200 plus VAT
  • Legal fee for purchase £1m and over £1,200 -£3,500 plus VAT
  • Search fees vary depending on the location of the property between £312 and £390 inclusive of VAT
  • HM Land Registry fee – please see the table below
  • HM Land Registry Priority search fee £3
  • HM Land Registry Bankruptcy Search fee £2 per purchaser*
  • Electronic money transfer fee £30 plus VAT
  • Chancel search indemnity insurance £20

*This search is carried out if the property is being purchased with the assistance of a mortgage.

Searches

The searches we routinely commission include a local authority search, water and drainage search, environmental search and devassess search.

Depending on the circumstances additional searches may be required and the most frequently additional searches and their estimated costs are:

Flood search £25

Ground stability searches £30 – £40

Mining search £60 -£80

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

Stamp Duty or Land Tax (on purchase)

This depends on the purchase price of your property. This is a tax and does not form part of our costs, although we handle the payment on your behalf to ensure a smoother process. You can calculate the amount you will need to pay by using HMRC’s website or if the property is located in Wales by using the Welsh Revenue Authority’s website here.

Land Registry Fees

For most purchases we are able to make an electronic application via the Land Registry portal and so the fees in the second column will be payable which is a 50% discount on the postal fee.

Value or amount Apply by post Apply using the portal or Business Gateway,
for transfers or surrenders which affect
the whole of a registered title
Apply using the portal or Business Gateway,
for registration of all leases and transfers or surrenders which affect
part of a registered title
Voluntary first registration (reduced fee)
0 to £80,000 £40 £20 £40 £30
£80,001 to £100,000 £80 £40 £80 £60
£100,001 to £200,000 £190 £95 £190 £140
£200,001 to £500,000 £270 £135 £270 £200
£500,001 to £1,000,000 £540 £270 £540 £400
£1,000,001 and over £910 £455 £910 £680

How long will my freehold house purchase take?

How long it will take from your offer being accepted until you can move in to your house will depend on a number of factors. The average process takes between 8-10 weeks.

It can be quicker or slower, depending on the parties in the chain. For example, if you are a first time buyer, purchasing a new build property with a mortgage in principle, it could take somewhat longer depending on the requirements of your lender. However, if you are buying a leasehold property that requires an extension of the lease, this can take significantly longer and this can depend on the Landlord and the Seller. In such, a situation additional charges would apply.

Stages of the process

The precise stages involved in the purchase of a residential property vary according to the circumstances. However, below we have suggested some key stages that you may wish to include:

  • Take your instructions and give you initial advice
  • Check finances are in place to fund purchase and contact lender’s solicitors if needed
  • Receive and advise on contract documents
  • Carry out searches
  • Obtain further planning documentation if required
  • Make any necessary enquiries of seller’s solicitor
  • Give you advice on all documents and information received
  • Go through conditions of mortgage offer with you
  • Send final contract to you for signature
  • Agree completion date (date from which you own the property)
  • Exchange contracts and notify you that this has happened
  • Arrange for all monies needed to be received from lender and you
  • Complete purchase
  • Deal with payment of Stamp Duty/Land Tax
  • Deal with application for registration at Land Registry

Leasehold Purchase

Conveyancers fees and disbursements.

The work involved in the purchase of a leasehold property is similar to that outlined above with some added requirements. As a general rule we will add an additional Legal Fee of £100 plus VAT to that charged for a freehold house purchase, and the disbursements are as set out above with some additions.

Our fees cover all the work required to complete the purchase of your new home, including dealing with registration at the Land Registry and dealing with giving notice of your purchase to the Landlord.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as search fees. We handle the payment of the disbursements on your behalf to ensure a smoother process. There are certain disbursements which will be set out in the individual lease relating to the Property. The disbursements which we anticipate will apply are set out separately below. This list is not exhaustive and other disbursements may apply depending on the term of the lease. We will update you on the specific fees upon receipt and review of the lease from the seller’s solicitors.

In leasehold purchases there are usually additional payments to third parties that we make for you. These are anticipated disbursements and can include:

Anticipated Disbursements*
•Notice of Transfer fee – This fee if chargeable is set out in the lease. Often the fee is between £35- £125 plus VAT.
•Notice of Charge fee (if the property is to be mortgaged) – This fee is set out in the lease. Often the fee is between £35 and £125 plus VAT.
•Deed of Covenant fee – This fee is provided by the management company for the property and can be difficult to estimate. Often it is between £150 and £320 plus VAT.
•Certificate of Compliance fee – To be confirmed upon receipt of the lease, as can range between £50 – £150 plus VAT.

*These fees vary from property to property and can on occasion be significantly more than the ranges given above. We can give you an accurate figure once we have sight of your specific documents.

You should also be aware that ground rent and service charge are likely to apply throughout your ownership of the property. We will confirm the ground rent and the anticipated service charge as soon as this we receive this information.

Stamp Duty Land Tax

This depends on the purchase price of your property. You can calculate the amount you will need to pay by using HMRC’s website or if the property is located in Wales by using the Welsh Revenue Authority’s website here.

What work is involved?

The precise stages involved in the purchase of a residential leasehold property vary according to the circumstances. However, below we have suggested some key stages that you may wish to include:
•Take your instructions and give you initial advice
•Check finances are in place to fund purchase and contact lender’s solicitors if needed
•Receive and advise on contract documents
•Carry out searches
•Obtain further planning documentation if required
•Make any necessary enquiries of seller’s solicitor
•Give you advice on all documents and information received
•Go through conditions of mortgage offer
•Send final contract to you for signature
•Draft Transfer
•Advise you on joint ownership
•Obtain pre-completion searches
•Agree completion date (date from which you own the property)
•Exchange contracts and notify you that this has happened
•Arrange for all monies needed to be received from lender and you
•Complete purchase
•Deal with payment of Stamp Duty/Land Tax
•Deal with application for registration at Land Registry

How long will my leasehold purchase take?

How long it will take from your offer being accepted until you can move in to your house will depend on a number of factors. The average process takes between 8-10 weeks. It can be quicker or slower, depending on the parties in the chain. For example, if you are a first time buyer, purchasing a new build property with a mortgage in principle, it could take longer. However, if you are buying a leasehold property that requires an extension of the lease, this can take significantly longer. In such, a situation additional charges would apply.

* Our fee assumes that:
a) this is a standard transaction and that no unforeseen matters arise including for example (but not limited to) a defect in title which requires remedying prior to completion or the preparation of additional documents ancillary to the main transaction
b) this is the assignment of an existing lease and is not the grant of a new lease
c) the transaction is concluded in a timely manner and no unforeseen complication arise
d) all parties to the transaction are co-operative and there is no unreasonable delay from third parties providing documentation
e) no indemnity policies are required. Additional disbursements may apply if indemnity policies are required.

Freehold House Sale

Our fees cover all of the work required to complete the sale of your property, including dealing with a mortgage secured on the property.

Conveyancer’s fees and disbursements

  • Legal fee for sale up to £250,000 – £800 plus VAT
  • Legal fee for sale up to £500,000 – £950 plus VAT
  • Legal fee for sale up to £700,000 – £1,100 plus VAT
  • Legal fee for sale up to £1m – £1,200 plus VAT
  • Legal fee for sale £1m and over – £1,200 -£3,500 plus VAT
  • HM Land Registry Official Copy fee £3 per document usually £6 per sale
  • AML search £6 per person
  • Electronic money transfer fee £30 plus VAT per transfer

Leasehold Sale

Our fees are as set out above with an additional charge of £100 in relation to the extra work involved in dealing with leasehold matters.

There is usually some anticipated disbursements payable to third parties such as the landlord and/or the management company and these can include:

Anticipated Disbursements*
•Application for form LPE1 replies and/or a Management Pack. These can cost between £100 and £350 plus VAT per pack. Some properties have a requirement for two packs to be requested, one from the Landlord and another from the Managing Agent, in which case both would usually charge a fee.

•Deed of Covenant fee – This fee is provided by the management company for the property and can be difficult to estimate. Often it is between £150 and £320 plus VAT.

Remortgages

  • Legal fees  £500 – £750 plus VAT
  • Search fees if required by your lender vary between £312 and £390 inclusive of VAT.
  • Search indemnity insurance (if searches not required by your lender will depend on the requirements of your lender and the value of the property/loan being made. These often range between £15-£50.
  • HM Land Registry fee – please see the table below. In most cases the second column will apply as we make an electronic application at a 50% saving of the cost of a postal application.
  • HM Land Registry Priority search fee £3
  • HM Land Registry Bankruptcy Search fee £2 per purchaser**
  • Electronic money transfer fee £30 plus VAT per transfer
Value or amount Apply by post Apply using the portal or Business Gateway, for transfers of whole, charges of whole, transfers of charges and other applications of whole of registered titles Apply using the portal or Business Gateway for registration of transfers of part, and all other Scale 2 applications that do not affect the whole of a registered title
0 to £100,000 £40 £20 £40
£100,001 to £200,000 £60 £30 £60
£200,001 to £500,000 £80 £40 £80
£500,001 to £1,000,000 £120 £60 £120
£1,000,001 and over £250 £125 £250

 

Our Team

We work as a team and together have many collective years in delivering high quality work in conveyancing. Regardless of who is working on your matter, they will be supervised by Robert McDonald, partner and the head of the conveyancing team. The members of the team are Sarah Oram, Jo Buckland and Virginia Mellor.

 

MoveIT and Referral fees

Referral fees do not apply to majority of our clients. We have arrangements with Tor Estates in Glastonbury and Jeffries Estate Agents in Portsmouth. Where a fee is agreed it will not exceed £150 plus VAT per transaction and will be paid for by us and not added to the client’s bill. We may also agree special discounted legal fees in respect of those clients which will be agreed via the MoveIT website.

Employment Law Advice and Fee Structure

Employment Law Brighton – for sound and practical advice on employment law, redundancy and employment rights.

Employment Law advice for Employers:

Our employment lawyers firmly believe prevention is better than cure. Employment law remains one of the fastest changing areas of law and can prove a costly area for mistakes, which means accurate and up-to-date employment law advice is essential to protect your business.

From our Brighton office, we advise sole traders, SME’s and large corporations on their employment law needs covering a significant range of disciplines, professions and industries.

To ensure you have in place the processes and procedures you need for a successful and efficient business, we offer a comprehensive range of employment contracts, company handbooks and internal employment policies which include for example:

  • Disciplinary and Grievance procedures, Social Media policies, Equality and Diversity policies, Pregnancy and Maternity policies, Data Protection policies, Sickness and Absence policies and Flexible Working

We also provide:

  • Advice for the best recruitment practices to ensure you employ the right person for your business at the outset.
  • Contracts of Employment to reflect the employee’s role in your business which may, amongst other things, include appropriate post termination restrictions and the appropriate Privacy notices.
  • Variation of Contracts to reflect changing working practices.
  • Settlement Agreements, negotiating the best possible severance package or financial settlement.
  • Advice relating to individual redundancies and large scale redundancies and TUPE.
  • Advice regarding the termination of employees.
  • Advice on protecting your business from unfair dismissal claims.
  • Advice on implementing internal procedures both generically and in specific circumstances.

This work is charged for at an Associate Solicitor rate of £195.00 per hour plus VAT or at a Partner at £235.00 per hour plus VAT for time spent on the matter.

We also offer the following fixed fees (excluding VAT) and upon assessment and advice for the following:

 

Junior contract of employment from:                                            £500.00

Senior contract of employment or Directors

Service Contract from:  £750.00

Settlement Agreement –Drafting, finalising and execution:     £1250.00

With additional time spent on negotiations charged at £195.00 per hour plus VAT or £235.00 per hour plus VAT.

Employment Law advice for Employees:

For disputes which are unable to be resolved from initial pre-termination discussions we can, if necessary, take cases to Tribunal for:

  • Unfair or Wrongful dismissal.
  • Constructive unfair dismissal.
  • Discrimination based on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

We also advise upon:

  • Outstanding notice and unpaid holiday.
  • Redundancy packages and procedures.
  • Disciplinary and grievance meetings.
  • Flexible working requests.
  • Injuries sustained at work.
  • Settlement Agreements and helping you to achieve the best possible severance package.

This work is charged for at a rate of £195.00 per hour plus VAT or £235.00 per hour plus VAT for time spent on the matter.

We offer a range of funding options including in certain circumstances ‘no win-no fee’ arrangements. We can offer, subject to an initial assessment an initial free employment law advice interview which can be arranged by appointment.

We work with a variety of insurers for individuals who have legal expense protection for employment law matters which may be included with their home insurance or through their bank. In these cases the insurer (subject to their ongoing assessment) provides insurance for the fees and disbursements to take a claim to an Employment Tribunal.  Generally, the initial assessment of a claim and submission of the claim form to the Tribunal is excluded.

Settlement Agreement

Where disputes arise and as a consequence you have been offered a settlement agreement where the essential terms are agreed and further negotiation is limited our fees range from £350.00 plus VAT to £600.00 plus VAT.

For an employee, the employer usually pays a contribution to settle the fees for a settlement agreement and in most cases the contribution will adequately cover the entirety of the work undertaken. On the occasion where it is becomes clear further fees are to be incurred we shall ask the employer for an enhanced contribution failing which, we shall advise you of our time estimate to conclude matters, charged at a rate of £195.00 per hour plus VAT or £235 per hour plus VAT.

Employment Tribunal fees for Individuals and Companies

Our Fee Structure estimates for bringing and defending against claims for unfair dismissal/constructive unfair dismissal or wrongful dismissal up to a final hearing and including a remedy hearing.

The fees listed below are based upon an Associate Solicitor attending to the matter at £195.00 per hour plus VAT or a Partner attending to the matter at £235.00 per hour plus VAT. Throughout the claim we shall provide an update on fees and prospects.

  1. Straightforward/single issue CLAIM:

In claims where the matter is relatively straightforward for example: up to one lever arch file of documents, fewer than 3 witnesses and where there is a single issue to be considered and the possibility of Counsel’s attendance, we estimate this will be £3,500 – £8,000.

  1. MULTI ISSUE CLAIM:

In a multi issue claim, fees would increase where there is weighty documentation to consider such as company policies and procedures, manuals, detailed financial information, disciplinary and grievance notes and responses, job description, fit for work notes and lengthy correspondence between the parties, expert evidence may be required on certain issues and a number of witnesses as to fact called with counsel briefed for a trial listing anywhere between two and four days. We estimate this will be £6,500 to £16,500.00.

  1. MULTI ISSUE and MULTiFACETED CLAIM:

For a claim with increased complexity a hearing is likely to be required for five to six days with the matter being referred back for a single day to quantity the award where liability has been decided in favour of the Claimant. The documentation would normally exceed 2 lever arch files, potentially require an interim hearing and substantive directions provided by the Tribunal for the parties to attend to. Such a claim may involve discrimination issues and accompanying schedules to evidence the discriminatory behaviour, expert opinion, complex areas of law and a complex factual matrix with counsel’s attendance for ongoing advice and assistance and attendance at the hearing. We estimate such claims will range in costs between £8,500- £35,000.00

  1. HIGH VALUE and multifaceted claim:

This is a claim where the legal argument is multi-complex, the compensation sought by the claimant is of a high value or where existing established law is to be challenged.  The documentation in this type of case is likely to be 3 lever arch files or more with problematic issues of the disclosure of documents, the amendment of claims, multiple witnesses and several expert reports. These complex and difficult claims are expected to last between seven to ten days or more with a separate hearing held to assess the remedy (compensation).  We estimate costs will be £35,000 and above.

(The fees for 1-4 above are estimates and exclude VAT and disbursements).

Preparation which may be required to bring a claim to the Employment Tribunal.

  • Reviewing paperwork and documentation to provide for merits, prospects and compensation.
  • Liaising with ACAS in respect of early conciliation with a view to reaching an early settlement.
  • Drafting the Claim form and ‘Particulars’ which accompany the claim form or the drafting the ‘Grounds of Resistance’ when defending a claim.
  • Consideration of the pleadings from the Employment Tribunal and opposing parties.
  • General case handling, liaising with all parties and the Employment Tribunal.
  • Drafting the ‘Brief’ to counsel should counsel be required.
  • The preparation of a Schedule of Loss and consideration of the opponents Schedule of Loss.
  • Preparation and attendance at the Preliminary hearing to determine the issues and time frame of the claim.
  • Preparation of a list of issues and liaising with the opponents for (ideally) an agreed list of issues.
  • The preparation of a Scott Schedule and the consideration of the responses raised on the Scott Schedule.
  • Preparing a list of documents, exchanging documentation and agreeing a final bundle of documents (known as disclosure). The presentation and preparation of the documents for the Employment Tribunal along with the requisite number of copies required for the hearing.
  • Collating and the preparation of a mitigation bundle (employee only).
  • Taking and drafting witness statements and considering and advising upon the opponents witness statements.
  • Agreeing a list of issues.
  • Preparation and attendance at final hearing to include instructions to counsel and providing for any updated disclosure documents, updated Schedule of Loss and (if required) an updated Mitigation Bundle.
  • Post completion matters such as attending to a remedy hearing.

Fees, Disbursements and Counsel’

When a matter is brought before the Employment Tribunal it is generally the case that each party is responsible to pay for their own fees. Upon a ruling by the Employment Tribunal Judge the successful party may be awarded a remedy but not their costs of bringing their claim to the Tribunal. In some limited circumstances it is possible to apply for a ‘costs order’ to reclaim some of the costs incurred and you will be advised of this as soon as we become aware this may be a possibility.

When a matter is heard at the Employment Tribunal there are no fees required to bring a claim. This is not the case if your employment matter is heard at a County Court or High Court.

Disbursements are travel expenses, expert evidence reports and witnesses, postage and transcribing services as well as Counsel’s fees.

Counsel’s fees for a single issue matter can range from between £1,500 plus VAT to £2,500 plus VAT. For a claim with a high degree of complex issues to consider and possibly one or more Counsel assisting this can increase to up to £25,000 to £30,000 or more. Counsel will require a payment for each subsequent day they attend which ranges from £600.00 plus VAT to £3,500.00 plus VAT.

We will assess the level of experience required from Counsel to attend to your matter and advise accordingly.

 

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