enquiries@edward-harte.co.uk
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Fees and costs

Our Private Client Services and Fees

Please note that all our services are subject to VAT at the current rate of 20%.

PROBATE AND ESTATE ADMINISTRATION

Tom Callaghan is a Salaried Partner and Head of the Probate Department.  He is assisted by Duha Al-Wakeel, Salaried Partner, Jack Taylor, Solicitor, Anita Simmonds, Paralegal.

Our Probate services include:

1. ACTIONS TYPICALLY CARRIED OUT BEFORE OBTAINING A GRANT 

• Verifying the fact of death and registering the death with the Registrar (where no family available to register the death).

• Arranging funeral where no family available/willing to make arrangements.

• Verifying the identity of clients.

• Advising on the meaning of the Will/the implications of the intestacy rules if the deceased died without a Will.

• Advising personal representatives on their duties and responsibilities.

• Arranging insurance (at cost) for deceased’s property and potentially other assets or liaising with deceased’s existing insurers to maintain cover.

• Contacting life and pension companies.

• Arranging payment of funeral invoice direct with deceased’s bank.

• Preparation of any renunciations of executorship or notices to co-executors.

• Arranging a Will and asset search (at cost) if requested by clients.

• Contacting asset holders and creditors.

• Collating information about assets and liabilities.

• Arranging valuations of assets for inheritance tax purposes.

• Advising on the appropriate inheritance tax account to be completed.

• Obtaining inheritance tax reference where required.

• Completing and submitting inheritance tax return to HMRC.

• Completing claim forms for inheritance tax allowances including any transferable allowances.

• Paying some or all of the inheritance tax due.

• Registering complex estates with HMRC online estates register.

• Liaising with DWP to ensure benefit and pension claims are settled.

• Liaising with Council regarding council tax and dealing with utility companies.

• Preparation of Legal Statement and filing Probate application. 

This stage is usually completed within approximately 6 months of death.

Factors that may delay this stage include delay in receiving instructions following death, estates where there is a Coroner’s inquest, Probate disputes, insolvent estates, estates containing assets that are difficult to value (such as private company shares which may require specialist valuation) or where there are difficulties in raising funds to pay inheritance tax.

2. ACTIONS TYPICALLY CARRIED OUT AFTER THE GRANT ISSUES

• Arranging notices to protect clients from deceased’s “unknown creditors.”

• Sending sealed copies of Grant to asset holders.

• Providing client account facilities to remove need for executors to open a specific executor account to handle estate funds.

• Discharging estate liabilities.

• Finalising income and capital gains tax liabilities up to the date of death and any liabilities/expenses arising during the administration.

• Finalising inheritance tax affairs. 

• Verifying identity and solvency of beneficiaries prior to distribution.

• Advising on timing of distributions and making payments of specific legacies and arranging payment of interim distributions of residue (as appropriate)

• Preparation of estate accounts, obtaining client and beneficiary approval and final distribution of the estate. 

This stage is usually completed within a year of death or shortly afterwards, but can be affected by the complexity of the estate and other factors.

Factors that may delay this stage include problems in selling assets (e.g. selling property in a slow market), difficulties in identifying beneficiaries, probate disputes, and finalising liabilities with HMRC (for example in complex estates or where there are overseas assets).

3. EXCLUSIONS FROM STANDARD PROBATE SERVICE AND FEES

• Estates with overseas assets.

• Insolvent estates.

• Estates with more than 10 beneficiaries.

• Estates with more than 10 assets.

• Estates with intangible assets e.g. goodwill, patents or copyrights.

• Estates including significant business or agricultural assets.

• Taxable estates i.e. subject to inheritance tax .

• Where a long form inheritance tax account must be delivered even if the estate is not taxable e.g. significant lifetime gifts were made or there is a claim to transfer part of the inheritance tax allowances of a predeceased spouse or civil partner.

• Contested estates.

• Locating beneficiaries or establishing a family tree.

• Conveyancing of property, whether sale or transfer to beneficiaries.

• Advice to beneficiaries in that capacity including options for varying their entitlement.

• Inspecting estate properties pending disposal.

4. TYPICAL DISBURSEMENTS (PAYMENTS TO THIRD PARTIES) DURING ADMINISTRATION

• Probate Registry application fee – £273. Free where estate is below £5,000. The fee will be payable on application for a Grant and will be payable by the client (court fees paid on behalf of the estate can be recovered from the estate – funds allowing – after the Grant issued and funds have been released).

• Sealed copies of the Probate – £1.50p per copy. 

• Statutory adverts in The London Gazette and a local newspaper for creditors, designed to protect the personal representative against unexpected claims – typically around £275 to £300 inclusive of VAT.

• Land Registry copy documents – typically £3 per property (£6 where a plan is required).

• Bankruptcy pre-distribution searches – typically £2 per beneficiary. These may need to be repeated where beneficiaries receive interim payments of their entitlement.

5. TYPICAL EDWARD HARTE FEES FOR STANDARD PROBATE SERVICE

These fees apply to new instructions received from October 2023. Existing matters will be charged in accordance with details of fees and our terms and conditions already supplied.

Our standard probate service fee for qualifying estates to include the actions set out under 1 & 2 above is generally estimated at 2 to 2.5% of the gross value of the estate, although this can differ depending on the number of assets, complexity and other factors, which will be considered in your specific case.  As an example, if the total (gross) value of the deceased’s estate (including property, bank accounts and investments, etc.) was £500,000, our fees could range from £10,000 plus VAT (ie £12,000 inc VAT) to £12,500 plus VAT (ie £15,000 inc VAT).

Our conveyancing department will be happy to quote separately for dealing with residential property contained within an estate.  We would also refer you to our Conveyancing page which sets out fees and expenses relating to the sale of property.

VAT at the prevailing rate is added where required by law.

6. TYPICAL Edward Harte FEES WHERE AN ESTATE DOES NOT QUALIFY FOR OUR STANDARD PROBATE SERVICE 

See 3 above for factors that will exclude our standard probate service fee. We will provide a bespoke quote for such estates (which we refer to in these notes as complex estates) and in some circumstances we may be able still to fix a fee with you at the outset.

These fees apply to new instructions received from October 2023. Existing matters will be charged in accordance with details of fees and our terms and conditions already supplied.

We hope you will understand that when quoting via our website in complex estates it is not always possible to be precise, because first we need to know the detail of what is involved. Accordingly, the likely number of hours required to complete the task is unknown and the fee examples below can only be indicative. 

Our indicative fees set out below use a range and are based on percentages of the value of the estate. We hope they will provide potential clients with a greater understanding at the outset of what our overall fees might be in any given estate. Fees in complex estates may exceed 3% of the gross value of the estate, and are usually somewhere between 1.5% to 3%.  For example, for an estate with a gross value of £1,000,000, our fees could be £30,000 plus VAT (ie £36,000 inc VAT).

The above charges are based on our current hourly rates which are set out below. Additional work that does not fall within those ranges or charges will be charged by reference to time spent.

 INDICATIVE PROBATE FEES FROM 1 DECEMBER 2018

 Value of complex estate (gross) 

 Indicative fee range 

 Typical fee 

 Up to £300,000

 £4,500 to £9,000 plus VAT

 £5,000 plus VAT

 Up to £400,000

 £6,000 to £12,000 plus VAT

 £7,500 plus VAT

 Up to £500,000

 £7,500 to £15,000 plus VAT

 £8,500 plus VAT

 Up to £600,000

 £9,000 to £18,000 plus VAT

 £10,000 plus VAT 

 Up to £700,000

 £10,500 to £21,000 plus VAT 

 £11,500 plus VAT 

 Up to £800,000

 £12,000 to £24,000 plus VAT 

 £13,000 plus VAT 

 Up to £900,000

 £13,500 to £27,000 plus VAT 

 £15,000plus VAT 

 Up to £1,000,000

 £15,000 to £30,000 plus VAT 

 £17,500 plus VAT 

 Above £1,000,000

 £15,000 to £30,000 plus VAT 

 £20,000 plus VAT 

Note in larger estates, although often more complex, fees expressed as a percentage of the gross estate tend to be lower.

Factors that influence where within the fee range any given estate may fall and the application of a discretionary value element include:

• The number of beneficiaries (higher numbers usually mean higher fees).

• The number of assets (higher numbers usually mean higher fees).

• The nature of assets (shares and bonds tend to require more investment of time than cash assets).

Excluded from the fees above are the following (separate fee estimates can be provided):

• Contested proceedings relating to an estate.

• Locating beneficiaries or establishing a family tree.

• Conveyancing of property, whether sale or transfer to beneficiaries.

• Advice to beneficiaries in that capacity including options for varying their entitlement.

• Inspecting estate properties pending disposal.

Our actual fee quote in your matter will draw on our past experiences of acting in a wide range of similar complex estates to arrive at the likely time involved in handling your matter. In addition to the hourly cost of time a discretionary value element may apply in some complex estates. The discretionary value element will not exceed 1% of the gross estate (less residence) and 0.5% of the value of the residence. It may be lower and in combination with the cost of our time the overall fee will remain within the fee ranges set out above.

 CURRENT HOURLY RATES

 Person 

 Hourly rate 

Tom Callaghan (Senior Solicitor)

 £295 plus VAT (£354)

 Duha Al-Wakeel (Senior Solicitor)

 £295 plus VAT (£354)

 Jack Taylor (Solicitor)

 £265 plus VAT (£318)

 Anita Simmonds (Paralegal)

 £195 plus VAT (£234)

These rates are reviewed and updated annually. Clients with matters in progress will be notified of any changes before they take effect.

Tom Callaghan has overall supervisory responsibility for the department and supervises the other team members.

Our aim is to ensure that our fees are fair and reasonable and to balance the legitimate expectations of those inheriting from each estate with our commercial return so that we can continue to provide a viable quality service. Our fees have regard to all the circumstances of each case but in particular to:-

• the complexity of the matter and the difficulty or novelty of the questions raised;

• the skill, labour, specialised knowledge and responsibility involved;

• the time spent on the matter;

• the number and importance of the documents prepared or reviewed;

• the amount or value of any money assets or property involved;

• whether any land involved is registered land;

• the importance of the matter to the client; and 

• any agreed fee range.

7. STANDARD WILLS DRAFTING SERVICE, LASTING POWERS OF ATTORNEY (LPAS) AND OUR FEES

Where we are instructed to prepare a Will within our standard fee we aim to:

• obtain details of your assets.

• your instructions for the Will.

• draft your Will in accordance with your wishes.

• arrange for legal execution of the Will.

• store your Will (if required) subject to our terms of business.

• provide you with a copy of your Will.

We will advise you as far as possible as to the potential inheritance tax consequences of the provisions of your Will but we will not advise you on the most tax effective method of drafting your Will or give you advice on lifetime tax planning as part of our standard Will drafting service. We will provide such advice for an additional fee.

8. TYPICAL DISBURSEMENTS (PAYMENTS TO THIRD PARTIES) & SUPPLEMENTAL CHARGES DURING WILL PREPARATION, PREPARATION OF LPAS

• If you are a joint owner of property and require severance of a joint tenancy our costs will be £200 plus VAT per severance (to include registration at the Land Registry where the estate is already registered).

• The Office of Public Guardian (OPG) currently charges a registration fee of £82 per LPA (we advise if any remission or exemption from the fee may apply).

• Second and additional certified copies of LPAs are charged at £20 per LPA.

9. STANDARD WILL & LPA FEES

• Fees will ordinarily not exceed £325 plus VAT (£390) for a single Will or £495 plus VAT (£594) for mirror Wills. 

• Our charges may be higher if the time spent or complexities require it in which case we will advise you accordingly.

• Fees for the preparation of standard Codicils start at £210 plus VAT (£144). 

• Fees for an LPA will ordinarily not exceed £450 plus VAT to include the provision of a certificate within the LPA (where requested), application to the OPG to register an LPA and provision of one certified copy LPA to client following registration.

• Where your matter does not complete our fees will be charged based on time spent but this will not exceed any standard fee unless we have informed you the standard fee will not apply.

10.STANDARD FEES 

 STANDARD FEES APPLICABLE TO MULTIPLE SERVICES FROM OCTOBER 2023

 Service 

 Standard fee  

 Single Will

 £325 plus VAT (£390)

 Single LPA (either) 

 £450 plus VAT (£540)

 Two LPAs 

 £800 plus VAT (£960)

 Mirror Wills

 £495 plus VAT (£594)

 Four LPAs

 £1,250 plus VAT (£1,500)

Where your matter does not complete our fees will be charged on the basis of time spent but this will not exceed any standard fee unless we have informed you the standard fee will not apply.

A hard copy of this information is available on request via our reception.

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. This work will be carried out by our our Partner Samantha Dawkins and is charged at £295.00 per hour plus VAT (currently at 20%) for time spent on the matter.

Stage 1 – Pre-action work

Debt Value

Court Fee

Our Fee

Total

Up to £10,000

£0

£295 + VAT (£59)

£354

Over £10,000

£0

£590 + VAT (£118)

£708

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

£590 + VAT (£118)

£743 – £1,163 (depending on Court fee)

Over £10,000

5% of the value of the Claim

£885 + VAT (£177)

£1,062 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:

o Taking your instructions and reviewing documentation.

o Undertaking appropriate searches.

o Sending a letter before action.

o Receiving payment and sending on to you, or if the debt is not paid, drafting and issuing a claim.

o Where no Acknowledgement of Service or Defence is received, apply to the Court to enter Judgment in Default.

o When Judgment in Default is received, write to the other side to request payment.

o If payment is not received within 14 days, providing you with advice on next steps and likely costs.

Matters usually take 4 to 12 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. We charge VAT in addition to our fee.

VAT is currently charged at a rate of 20%.

Purchase

Conveyancer’s fees and disbursements

·        Legal fee for purchase up to £250,000 – £850 plus VAT – £1,150 plus VAT

·        Legal fee for purchase up to £550,000 – £950 plus VAT -£1,550 plus VAT

·        Legal fee for purchase up to £750,000 – £1,200 plus VAT -£1,750 plus VAT

·        Legal fee for purchase up to £1m – £1,500 plus VAT -£1,950 plus VAT

·        Legal fee for purchase £1m and over £1,800 plus VAT – 3,500 plus VAT 

 

·        Search costs vary depending on the location of the property but average between £350 plus VAT and £420 plus VAT

·        HM Land Registry fee – please see the table below

·        HM Land Registry Priority search fee £4.00 plus VAT

·        HM Land Registry Bankruptcy Search fee £3.00 plus VAT per purchaser

·        Electronic money transfer fee £30 plus VAT

·        Verification of identity £20 plus VAT per person

 

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 when these are advisable we will inform you of the total cost of the search including VAT before commissioning the searches.

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. (From 31.01.2022). VAT is not charged on Land Registry Fees. 

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

£45

£20

£45

£30

£80,001 to £100,000

£95

£40

£95

£70

£100,001 to £200,000

£230

£100

£230

£170

£200,001 to £500,000

£330

£150

£330

£250

£500,001 to £1,000,000

£655

£295

£655

£495

£1,000,001 and over

£1,105

£500

£1,105

£830

 

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 8-12 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 fees plus VAT may 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

Conveyancer’s fees and disbursements.

The work involved in the purchase of a leasehold property is similar to that outlined above with some added requirements. We will add an additional Legal Fee of up to £350 plus VAT to that charged for a freehold 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 such as a landlord/managing agent that we make for you. These can include:
• Notice of Transfer fee – This fee if chargeable is set out in the lease. Often the fee is between £35- £125.
• 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.
• 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.
• Certificate of Compliance fee – To be confirmed upon receipt of the lease, as can range between £50 – £150.

*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 8-12 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 fees plus VAT may apply with a minimum fee for a lease extension of £525 plus VAT.

* 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) no indemnity policies are required. Additional disbursements may apply if indemnity policies are required.

Our fees are intended to be fixed, however, in some instances where additional work is required due to unforeseen complexities or new issues or facts that become known during the course of the transaction, we will give our clients an estimate of the new costs to be incurred. These will be based on hourly rates depending on the seniority of the person advising. Our rates range from £265 plus VAT for a solicitor to £295 plus VAT for a partner.

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 – £850 plus VAT – £1,100 plus VAT

·        Legal fee for sale up to £550,000 – £950 plus VAT – £1,500 plus VAT

·        Legal fee for sale up to £750,000 – £1,200 plus VAT – £1,700 plus VAT

·        Legal fee for sale up to £1m – £1,850 plus VAT

·        Legal fee for sale £1m and over – £1,600 plus VAT – £3,500 plus VAT

 

·        HM Land Registry Official Copy fee £4 plus VAT per document usually £8 plus VAT per freehold sale

·        Verification of identity £25 plus VAT 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 up to £250 plus VAT 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 £480 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.

Remortgages fees and disbursements

·        Legal fees  £750 plus VAT – £850 plus VAT

 

·        Search fees if required by your lender vary between £350 and £420 plus 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 inclusive of IPT.

·        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 £4 plus VAT

·        HM Land Registry Bankruptcy Search fee £3 plus VAT per purchaser (if required)

·        Electronic money transfer fee £30 plus VAT per transfer

·        Verification of identity  £20 plus VAT per person

 

Land Registry fees apply as below. No VAT is charged. 

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 £80,000

£45

£20

£45

£80,001 to £100,000

£95

£45

£95

£100,001 to £200,000

£230

£100

£230

£200,001 to £500,000

£330

£150

£330

£500,001 to 1,000,000

£655

£295

£655

£1,000,001 and over

£1,105

£500

£1,105

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, Salaried Partner, Paul Condon and Lisa Heard. All of our team spend 75% or more of their time dealing with residential conveyancing work.

Referral fees

Referral fees do not apply to the majority of our clients. We have arrangements with Tor Estates in Glastonbury and Lextons Estate Agents. Where a fee is agreed it will not exceed £300 per transaction inclusive of VAT and will be paid for by us and not added to the client’s bill.

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.

Our team has over 20 years of collective experience in delivering high quality work in all matters relating to employment.  It is headed by Yasmin Govan, Salaried Partner, and assisted by Brian Donnan, Senior Partner and Head of Commercial Department.  

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 will be carried out by one of our Partner team and is charged at £295.00 per hour plus VAT (currently at 20%) for time spent on the matter.  It is difficult to provide an accurate estimate of the likely costs that we will charge for carrying out this work, as it depends on the complexity of the matter; however, our costs for advising and assisting on a typical straightforward matter are likely to be in the range of £1,000 to £2,000 plus VAT at 20%.

We also offer the following fixed fees (excluding VAT at 20%) for providing assessment and advice for the following:

Junior contract of employment:      

                                      

£500.00 plus VAT

Senior contract of employment or Directors

Service Contract:  

£750.00 plus VAT

Settlement Agreement –Drafting, finalising and execution:

£1250.00 plus VAT

Any additional time spent on negotiations (if the contract is particularly complex and non-standard) will be charged at the rate of £295.00 per hour (plus VAT at 20%).  We will advise you if we consider that additional charges may be required.

 

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 £295.00 per hour plus VAT (at 20%) for time spent on the matter.  Further details of our fee structure for Employment Tribunal matters and what work is carried out, are set out below.   

We can offer (subject to an initial assessment that would not be charged) an initial fixed fee interview to provide employment law advice on a matter; this fixed fee is £200.00 plus VAT at 20%.  At that stage, we would advise on the prospects of success of the matter and whether we would be prepared to continue to act (in which case we would advise on the likely estimate of our costs for assisting and on any funding arrangements) or whether we would decline to act further.

We can offer a range of funding options which can be discussed during our initial consultation.  This can include entering into a Conditional Fee Agreement (CFA) or a Damages Based Agreement (DBA).  A Conditional Fee Agreement is an agreement with a person providing advocacy or litigation services which provides for their fees and expenses or any part of them to be payable only in specified circumstances (eg if the case against your opponent is successful); and a Conditional Fee Agreement provides for a success fee, which would mean that the fees that we would normally charge would be increased by a particular percentage (form 25% to 100%).  As the Employment Tribunal rarely orders the losing party to pay the successful party their legal costs, our costs and success fee would be deducted from any compensation received ; but this would be capped at 25% of the compensation received.  Before a CFA is entered into, we would carry out a risk assessment to assess the likelihood of success of the case; we would not normally charge for carrying out this risk assessment.

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.

We will discuss this and other funding options, if appropriate, during the initial interview.

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 £500.00 to £600.00 (plus VAT at 20%).  The work we will carry out would include an initial consultation with you; perusing the draft settlement agreement and advising you in writing on whether you should sign the agreement or whether amendments should be sought; corresponding with the employer and securing an agreement.

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 will provide you with an estimate of cost of the additional work required to conclude matters, charged at a rate of £295.00 per hour plus VAT at 20%, or at an agreed reduced fixed fee, where appropriate.

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 a Partner attending to the matter at £295.00 per hour plus VAT at 20%. Throughout the claim we shall provide an update on fees and prospects.

  1. 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 at the Tribunal, we estimate our fee will be between £3,500.00 and £8,000.00 (plus VAT at 20%); fees, including counsel’s fees, will be charged in addition (please see ‘Fees, Disbursements and Counsel’ below).

  1. 2. 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 that our fees in this type of case will be between £6,500.00 to £16,500.00 (plus VAT at 20%); fees, including counsel’s fees, will be charged in addition (please see ‘Fees, Disbursements and Counsel’ below).

  1. 3. 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 that our fees for conducting this type of claim will range between £8,500.00 to £35,000.00 (plus VAT at 20%); fees, including counsel’s fees, will be charged in addition (please see ‘Fees, Disbursements and Counsel’ below).

  1. 4. 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 at least £35,000.00 (and could be as high as £100,000.00) plus VAT at 20%, plus counsel’s fees and other disbursements (such as expert fees): se below

(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.

(The estimates below exclude VAT at 20% and counsel’s fees and other disbursements).

• Reviewing paperwork and documentation to provide for merits, prospects and compensation.  This will take between 1-3 hours equating to £295 – £885 plus VAT.

• Liaising with ACAS in respect of early conciliation with a view to reaching an early settlement. This will take approximately 3-4 hours equating to £885 – £1,180 plus VAT.

• Drafting the Claim form and ‘Particulars’ which accompany the claim form or the drafting the ‘Grounds of Resistance’ when defending a claim. This will take approximately 3-4 hours equating to £885 – £1,180 plus VAT.

• Consideration of the pleadings from the Employment Tribunal and opposing parties. This will take approximately 3-4 hours equating to £885 – £1,180 plus VAT.

• General case handling, liaising with all parties and the Employment Tribunal. This will take approximately 3-5 hours equating to £885 – £1,475 plus VAT.

• Drafting the ‘Brief’ to counsel should counsel be required. This will take approximately 2-3 hours equating to £590 – £885 plus VAT.

• The preparation of a Schedule of Loss and consideration of the opponents Schedule of Loss. This will take approximately 2-3 hours equating to £590 – £885 plus VAT.

• Preparation and attendance at the Preliminary hearing to determine the issues and time frame of the claim. This will take approximately 6-9 hours equating to £1,170 – £2,655 plus VAT.

• Preparation of a list of issues and liaising with the opponents for (ideally) an agreed list of issues. This will take approximately 4-7 hours equating to £1,180 to £2,065 plus VAT.

• The preparation of a Scott Schedule and the consideration of the responses raised on the Scott Schedule. This will take approximately 3-5 hours equating to £885 – £1,475 plus VAT.

• 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. This will take approximately 3-4 hours equating to £885 – £1,180 plus VAT.

• Collating and the preparation of a mitigation bundle (employee only). This will take approximately 3-5 hours equating to £885 – £1,475 plus VAT.

• Taking and drafting witness statements and considering and advising upon the opponents witness statements. This will take approximately 4-6 hours equating to £1,180 – £1,170 plus VAT.

• Agreeing a list of issues. This will take approximately 1-2 hours equating to £295 – £590 plus VAT.

• 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. This will take approximately 10-15 hours equating to £2,950 – £4,425 plus VAT.

• Post completion matters such as attending to a remedy hearing. This will take approximately 5-9 hours equating to £1,475 – £2,655 plus VAT.

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 before the Employment Tribunal there are no tribunal fees required to bring a claim. This is not the case if your employment matter is heard at a County Court or High Court: for example, for a civil claim for damages for breach of contract; Couty Court fees are based on the value of the compensation being sought and can range from £35.00 to £10,000.00.

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 £1,500.00 to £2,500.00 plus VAT at 20%. 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 £25,000.00 to £30,000.00 (plus VAT at 20%) or more. Counsel will require a payment for each subsequent day they attend which ranges from £750.00 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.

It is difficult to estimate what expert fees will be payable and in many cases experts may not be required.  However, in some cases, expert witnesses will be asked to provide an opinion on, for example, the effect of discriminatory behaviour on a person’s health; these fees could range from £1,000.00 to £5,000.00 (plus VAT at 20%).

Timescales

It is difficult to give an accurate estimate of the likely time it would take to bring a case to a conclusion.  For advice and assistance in drawing up contracts of employment, for example, this is likely to take two to three meetings and be concluded within two to three weeks.  For advice and negotiation on settlement agreements, we would anticipate that this would take one to three weeks to conclude.   For claims before the Employment Tribunal, if the matter is resolved during negotiation before a claim is lodged at the Tribunal, a typical claim would take about four to eight weeks; if the claim goes all the way to a contested hearing, then we would expect it to take 12 to 18 months.  We should add that the majority of Employment Tribunal claims conclude before the final hearing.