Charges

Our Charges

Transparency and upfront  – no hidden extras

When taking your instructions we will:

  • discuss how your legal charges are to be met,
  • give you the best information we can as to likely cost, by doing one of the following: agreeing a fee with you; providing you with an estimate of costs,
  • or explaining how our costs will be worked out.

We will confirm these arrangements in writing, explain what work they cover, tell you about any other foreseeable payments which are likely to be necessary. Unless otherwise agreed costs are calculated on a time basis at the rates set out in the leaflet. Time spent will include meetings with you and perhaps others; considering preparing and working on papers; correspondence; and making and receiving telephone calls.

You can set a limit

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You can: set a limit on costs to be incurred without further agreement with you (not the same as an agreed fee), and  ask us for details of what costs have been run up at any stage.

We will tell you what costs have been incurred at least every six months where a matter takes some time.

We will ask you for payment on account of our costs. We will ask you for further payments as the matter progresses.

Value Added Tax (VAT) and all payments we make on your behalf (disbursements) will be added to our final account.

Explain the charges

Garner & Hancock - Charges

If you think your bill is too much we will be pleased to explain how it has been worked out. If you are still unhappy after that, we can explain your rights to have the bill checked

the Courts.

We always aim to be transparent over the fees we charge for dealing with the administration of an estate.  Our fees are based on the hourly rates of the person dealing with the matter.

Wills and Probate

Who will be carry out your matters.

Nigel George TEP – Head of Department

Richard Hancock – Solicitor

Jakub Kotan –  Solicitor

Mathew Goddard – Paralegal

No two estates are the same a simple estate may cost no more than £2,500 + Vat to administer a more complicated one may cost nearer £10,000 + Vat

When treating an estate as simple one we would base in on the following factors:

  • That matters run smoothly;
  • that further assets or other new matters don’t come to light;
  • that we can locate all beneficiaries and they promptly respond to correspondence;
  • the estate doesn’t involve the sale of a property;
  • that no disputes arise over the terms of the will, between beneficiaries or as a result of any third party action;
  • that you, as our client, return documents, calls and emails and provide all information requested quickly and accurately;
  • that the third parties we have to deal with (HMRC, DWP, banks, Building Societies, beneficiaries etc.) respond promptly and fully to all of our enquires;
  • there are no minor beneficiaries, or trusts created under the will;
  • that there is no need to observe the time limits provided for under the Inheritance (Provision for family and dependants) Act 1975 (see para 3.2 to our Guide to Acting as a Personal Representative.

legal work would include

    • Collating details of assets and liabilities
    • Drafting an oath for executors
    • Preparing an IHT 205 (simple estate)
    • Submitting the application for Probate
    • Collecting in the assets
    • Preparing estate accounts
    • Liaising with you and the beneficiaries
    • Distributing the estate

With a more complicated estate

    • The items set out above apart from the IHT205
    • Preparing an IHT 400 (taxable or more complex estate)
    • Transferring any Nil Rate band or claiming the Residential Nil Rate Band
    • Preparing any tax return for Income or Capital Gains Tax either pre or post death
    • Dealing with any assets, liabilities, claims, disputes or other matters not apparent at the date of this letter
    • Finding beneficiaries
    • The sale of any property
    • Any other matter not included in A above
How long will this take?

On average, estates that are simple estates are usually dealt with within 12 months. Typically, obtaining the grant of probate takes 6 to 8 weeks. Collecting assets then follows, which can take between 6 to 8 weeks. Once this has been done, we can distribute the assets, which normally takes 4 to 6 weeks. With Large estates this could take up to 24 months to resolve.

 

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Fixed Charges – We offer fixed fees on:

The complexity and urgency of a matter will affect the charging rate. The above charge rates are only a guide and subject to confirmation by letter or e-mail.

 

PROPERTY

In the Department:

Julian Hutson – Solicitor and Director

James Harrison – Solicitor and Director

Brenda Zoller – Solicitor and Director

Nancy Hibbert – Paralegal

Residential Conveyancing – Buying

BUYING
Our feesWe would estimate our fee to be 0.25% of the purchase price subject to a minimum of £1250 plus VAT at the current rate plus disbursements.
We also charge for remitting funds by telegraphic transfer at £30 plus VAT for each transfer.
We do not charge a fee for acting for your lender,  Note however, in the event that the lenders use their own solicitors we will have to charge an additional fee for us to respond to enquiries they may raise. This fee is up to £350 plus VAT and disbursements.
Disbursements

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

We would carry out various conveyancing searches and we would estimate the cost of these to be between £500 plus VAT to £750 plus VAT depending on where the property is located and any additional searches that may need to be carried out.
Bankruptcy search £2 plus VAT name.
Land Registry Search £3 plus VAT per title.
Stamp Duty Land Tax – this is dependent on the value of the property and whether you own any other property anywhere else in the world. Please go to the following link to ascertain the rates applicable:-

https://www.gov.uk/stamp-duty-land-tax/residential-property-rates

A separate regime exists for property situated in Wales. Please follow the following link for further information.

https://gov.wales/funding/fiscal-reform/welsh-taxes/land-transaction-tax/?lang=en

Land Registration fees – these are dependent on the value of the property being purchased. Please go to the following link for the current fees:-

https://www.gov.uk/guidance/hm-land-registry-registration-services-fees

Additional Legal ServicesThe above is based on a standard freehold purchase. If you are buying a leasehold property, new build, or purchasing with the assistance of Help-to-Buy or Shared Equity or if there are any aspects of additional legal work to undertake further fees may be payable. We will advise you of any additional fees as soon as we are able.
How long will my 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 6 to 8 weeks to exchange contracts.

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 depending on the stage reached in the construction of the development.

However, if you are buying a leasehold property that requires an extension of the lease, this can take significantly longer, between 1 and 6 months. Again this will be dependent on other variable factors of such a transaction. 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 mention some key stages which may be applicable:

  • 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 or its equivalent in Wales
  • Deal with application for registration at Land Registry

 

Leasehold Property

 

In addition to additional fees for acting on a leasehold purchase there would be further anticipated disbursements* in respect of leasehold property:-

  • Notice of Transfer fee – This fee if chargeable is set out in the lease. Often the fee is between £150 to £250 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£150 to £250 plus VAT
  • Deed of Covenant fee – This fee is provided by the management company/landlord for the property and can be difficult to estimate. Often it is between £200 and £500 plus VAT.
  • Certificate of Compliance fee – To be confirmed upon receipt of the lease, as it can range between £150 to £350 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 will apply throughout your ownership of the property. We will confirm the ground rent and the anticipated service charge as soon as we receive this information.

Whilst every effort has been made to ensure the above fees are accurate Garner & Hancock reserve the right to raise further charges if the complexity or amount of work involved exceeds levels anticipated at the outset. Please note that the cost of disbursements are subject to any increases (which are out of our control) which may be imposed by third party suppliers, or if some of the information on which our quotation is based proves later to be incorrect. Garner & Hancock’s fees are applicable only to property situated in England and Wales.

Residential Conveyancing – Selling

SELLING
Our feesWe would estimate our fee to be 0.20% plus VAT of the sale price with a minimum fee of £1000 plus VAT. VAT would be charged at current rate plus disbursements.
 

 

We also charge for remitting funds by telegraphic transfer at £30 plus VAT for each transfer.
Disbursements

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

Office copy entries and title documents from the Land Registry from £3 per document plus VAT.
Additional Legal ServicesThe above is based on a standard freehold sale, if you are selling a leasehold property there will be an additional fee from between £150 – £250 plus VAT payable to us.

There will also be additional fees payable to your managing agent/landlord for providing replies to management enquiries. We will advise you of these as soon as we have this information.

If the transaction involves other aspects of additional legal work to undertake further fees may be payable. We will advise you of any additional fees as soon as we are able.

Whilst every effort has been made to ensure the above fees are accurate we reserve the right to raise further charges if the complexity or amount of work involved exceeds levels anticipated at the outset. Please note that the cost of disbursements are subject to any increases (which are out of our control) which may be imposed by third party suppliers, or if some of the information on which our quotation is based proves later to be incorrect. Our fees are applicable only to property situated in England and Wales.

Employment Tribunal Proceedings 

In the dispute resolution department

Daniel Flynn – Partner and Solicitor Advocate

Vinay Tanna – Partner

Daniel is a Solicitor/Advocate has experience in both Employment Tribunals and Higher Courts. He has had many reported cases see his profile.

Our pricing for bringing and defending claims for unfair or wrongful dismissal:

 

Simple case                                £4,000-£10,000 (excluding VAT)

 

Medium complexity case            £8,000-£14,000 (excluding VAT)

 

High complexity case                 £10,000-£25,000 (excluding VAT)

 

Factors that could affect the complexity of a case include:

 

  • If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim
  • Defending claims that are brought by litigants in person
  • Making or defending a costs application
  • Complex preliminary issues such as whether the Claimant is disabled (if this is not agreed by the parties), whether the Tribunal has jurisdiction to hear the case or whether the claim was brought in    time
  • The number of witnesses and documents to be considered
  • If it is an automatic unfair dismissal claim e.g. if you are dismissed after blowing the whistle on your employer
  • Allegations of discrimination. which are linked to the dismissal

 

There will be an additional charge for attending a Tribunal Hearing of approximately £1,750 per day (excluding VAT). The length of any Tribunal Hearing will depend on the Tribunal’s scheduling of the Hearing and the complexity of your case. We shall always discuss this with you in advance and advise you throughout the case.

 

Disbursements

 

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

Counsel’s fees are estimated between £1500 to £2,250 per day (depending on the experience of the advocate) for preparing for and attending a Tribunal Hearing.

 

Key Stages

 

The fees set out above cover all of the work in relation to the following key stages of a claim:

Taking your initial instructions, reviewing the papers and advising you on merits and likely compensation (this is likely to be revisited throughout the matter and subject to change)

Entering into pre-claim conciliation (known as Early Conciliation) where this is mandatory to explore whether a settlement can be reached;

  • Preparing claim or response
  • Reviewing and advising on claim or response from other party
  • Exploring settlement and negotiating settlement throughout the process
  • Preparing or considering a schedule of loss or counter-schedule of loss
  • Preparing for (and attending) a Preliminary Hearing, including instructing Counsel
  • Exchanging documents with the other party and agreeing a bundle of documents
  • Taking witness statements, drafting statements and agreeing their content with witnesses
  • Preparing bundle of documents, if acting for the Claimant
  • Reviewing and advising on the other party’s witness statements
  • Agreeing a list of issues, a chronology and/or cast list
  • Preparation for and attendance at Final Hearing, including instructions to Counsel

 

The stages set out above are an indication and if some of stages above are not required, the fee may be reduced.

Other related work

Advising on Settlement agreements up to £500 plus VAT.

How long will my matter take?

The time that it takes from taking your initial instructions to us to the final resolution of your matter depends largely on the stage at which your case is resolved. If a settlement is reached during Early Conciliation, your case is likely to take approximately 6 – 12 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 6 – 18 months. This is just an estimate and we will of course be able to give you a more accurate timescale once we have more information and as the matter progresses. The timetable is of course dependent on the Employment Tribunal or Court scheduling.

Business Debt Dispute: Range of Fees


Court Claims

Our Business Debt Law Team

These costs apply where your business claim is in relation to an unpaid invoice which is not disputed and enforcement action is not needed. If the other party disputes your claim at any point, we will discuss any further work required and provide you with revised advice about costs if necessary, which could be on a fixed fee (e.g. if a one off letter is required), or an hourly rate if more extensive work is needed.

Debt value                       Court fee                                 Our fee (incl. VAT)                     Total

Up to £5,000               £35 – 205 £1,000          up to      (£2,500 inclusive of VAT)

£5,001 – £10,000        £455 £2,500            up to          (£6,000 inclusive of VAT)

£10,001 – £50,000         5% value of the claim    up to     £11,000 (inclusive of VAT)

£50,001 – £100,000    5% value of the claim    up to    £25,500 (inclusive of VAT)

Anyone wishing to proceed with a claim should note that:

 

  • The VAT element of our fee cannot be reclaimed from your debtor.
  • Interest and statutory compensation may take the debt into a higher banding, with a higher cost.
  • The costs quoted above are not for matters where enforcement action, such as the bailiff, is needed to collect your debt.

 

Our fee includes:

  • Taking your instructions and reviewing documentation
  • Undertaking appropriate searches
  • Sending a letter before action
  • Receiving payment and sending onto you, when payment is received
  • If the debt is not paid, drafting and issuing claim
  • Where no Acknowledgment of Service or Defence is received, applying to the court to enter   Judgement in default
  • When Judgement in default in received, write to the other side to request payment
  • If payment is not received within 14 days, providing you with advice on next steps for enforcement    and likely costs

Matters usually take up to one year months from receipt of instructions from you to receipt of payment from the other side, depending on whether it is necessary to issue a claim. This is on the basis that the other side pays promptly on receipt of Judgement in default and presuming that there is no delay in the Court issuing your claim, if submitted

If enforcement action is needed, or the other side makes an application to set aside the judgement, the matter will take longer to resolve.

Garner & Hancock  ~June 2019