Costs & Fees

We will always provide clients with an estimate of costs at the outset of a litigation matter.

Litigation Costs and Costs and Charges

If your matter settles quickly, which is what we would always wish to achieve for you, costs will inevitably be far less than if you embark on Insolvency or Court Proceedings.

The general rule regarding costs in litigation is that, if your claim succeeds or if you successfully defend a claim you will be entitled to recover your costs from the claimant/defendant. On the other hand, if you are unsuccessful, you are likely to be required to pay the claimant’s/defendant’s costs.

However, the court has discretion to make a different costs order. The court will take into account factors such as the conduct of the parties and any Part 36 or other admissible offers to settle the case. It is very unusual for a party to be able to recover all of the costs incurred in the litigation. The actual amount of costs to be paid is subject to an assessment process, unless the parties can agree the amount that will be paid.

The standard basis of assessment is to allow costs to be recovered that were reasonably incurred, reasonable in amount and proportionate to the matters in issue. Costs which are disproportionate in amount may be disallowed or reduced even if they were reasonably or necessarily incurred. The court will also take into account the party’s costs budgets for each stage of the claim.

Each party is required to submit a costs budget, and to revise it as appropriate as the case progresses. If a party’s actual costs exceed its budget, the excess may not be recoverable from the paying party.

The estimated costs of the litigation can be one of the most significant factors to consider when deciding whether to pursue a case. We will always write to the client about the potential costs of the dispute.

Kerry Flahive’s hourly rate is £375.00 plus VAT per hour for each hour engaged on a matter. Lauren Whitehead’s hourly rate is £150.00 plus VAT per hour. The litigation team may also involve more junior fee earners and support staff acting on a client’s matter and their charge out rate ranges from £120-£150 plus VAT per hour.

Significant disbursements may be incurred in addition to solicitors’ fees (for example, experts’ or counsel’s fees), some of which may need to be paid up front. We estimate the following fees and disbursements for the claim amounts:-
  • For a claim between £20,000.00 – £50,000.00 we estimate our fees to be £20,000.00 – £50,000.00 plus VAT and disbursements of £10,000.00 – £15,000.00 plus VAT.
  • For a claim between £50,000.00 – £100,000.00 we estimate our fees to be £70,000.00 – £100,000.00 plus VAT and disbursements of £15,000.00 plus VAT.
  • For a claim between £100,000.00 – £200,000.00 we estimate our fees to be £140,000.00 – £180,000.00 plus VAT and disbursements of £25,000.00 – £30,000.00 plus VAT.
  • For a claim of £200,000.00 and above we estimate our fees to be £250,000.00 plus VAT and disbursements of £40,000.00 plus VAT.

Real Estate Finance and Conveyancing

We would love to speak to you about your requirements.  Our team are ready to talk to you. Please contact info@graphene.legal to obtain a quote in relation to these services.