Price Transparency

As of 6 December 2018, the SRA Transparency Rules require us to provide prices and service information in relation to the following areas:

• Employment Tribunals (Unfair or Wrongful Dismissal Claims)
• Debt Recovery for up to £100,000
• Residential Conveyancing

The SRA Price Transparency Rules require us to provide cost information in relation to representing and advising employees and employers when bringing and defending claims for unfair and wrongful dismissal in the employment tribunal.
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The below does not amount to legal advice in relation to an employment tribunal claim and should serve as a guide only. We are obliged to provide you with estimated price information, including regarding likely third-party costs, such as barristers’ fees. As changes to these are outside of our control, we are not responsible for any errors in this information, which we are providing to you based on our experience and as a guide only.

Your matter will be dealt with by one of the solicitors in our employment team and will in any event be supervised by Yulia Barnes, our Managing Partner. Her experience and qualifications are available here. Once we know who will be handling your case for you, we will introduce you to them and provide you with full details of their background and qualifications.

Our overall fees vary depending on the nature and complexity of your case so the following should be referenced as a guide only.

For a quote specifically tailored to your circumstances, please call us on +44 (0) 208 092 2700 or email info@barnes-law.co.uk.

Our charges are made up of:

• our fees for the legal work we undertake; and
• disbursements. Please see below.

Where VAT is referred to below, please note that this will be charged at the applicable rate, which is currently 20%.

Our fees will be either agreed with you as a fixed sum at the start of your case or  based on how much time it takes to deal with your case. We do not usually use conditional fee or damages-based arrangements. We typically charge on an hourly rate basis. Our hourly rates in the employment team range from 350 plus VAT to £450 plus VAT for one of our solicitors.

Where an employee brings a claim for unfair or wrongful dismissal, the ranges tend to be:

• Simple cases: £10,500-£17,500 (excluding VAT);
• Medium complexity cases: £24,000-£30,000 (excluding VAT);
• High complexity cases: £60,000-£100,000 (excluding VAT).

For an employer defending a claim for unfair or wrongful dismissal the ranges tend to be higher:

• Simple cases: £12,500-£17,500 (excluding VAT);
• Medium complexity cases: £25,000-£35,000 (excluding VAT);
• High complexity cases: £60,000-£100,000 + (excluding VAT).

The time spent on a case and our costs can vary significantly depending on how complex a case is. Below are some, but not all, factors that may make a case either standard or more complex (and so incur more time):

Disbursements are costs related to your matter that are payable to other people, such as fees for a barrister’s opinion or help at Court.

You will need to pay for disbursements in addition to our fees as described above.

In an unfair or wrongful dismissal claim, the most common disbursements are for barrister’s fees. We appoint an external barrister to present your case at the final tribunal hearings if your case is not settled before the hearings. The fees also vary due to barristers’ wide-ranging expertise and practices. Barrister’s fees tend to be in the region of £2,500 to £8,000 plus VAT depending on the number of days the hearing is going to take.

We handle the payment of the disbursements on your behalf to ensure a smoother process. We will guide you on when external costs need to be incurred, however, we may require payment on account of these costs before incurred.

Normally you do not have to pay your opponent’s costs in an employment claim, but we will guide you further if we feel that you are at risk of this at any stage.

The examples of estimated costs above cover the following key stages of an unfair dismissal or wrongful dismissal case:

• Taking your initial instructions, reviewing papers and advising you on your prospects of success in the claim and the likely compensation, although this is likely to be revisited throughout the case and subject to change;
• Entering into pre-claim conciliation with ACAS where this is mandatory to explore whether a settlement can be reached;
• Preparing your claim or defence;
• Reviewing and advising on a claim or response from the other party;
• Exploring settlement and negotiating a settlement throughout the process;
• Preparing or considering a schedule of loss;
• Preparing for and attending a Preliminary Hearing;
• Making or defending interim applications;
• Exchanging documents with the other party and agreeing a bundle of documents;
• Taking witness statements, drafting statements and agreeing their content with witnesses;
• Preparing bundles of documents for the Final Hearing;
• Reviewing and advising on the other party's witness statements;
• Agreeing a list of issues, a chronology and/or cast list;
• Preparation and instructions to the barrister (if this is not being done in-house by us) for the Final Hearing.

The stages set out above are an indication only and if some of the stages are not required, the fee may be reduced. Some clients may wish to attempt to handle some parts of a very straight-forward matter themselves and only have our advice in relation to some of the stages. This may also reduce the cost if your case is one where we are comfortable that this is a sensible approach to take.
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It would not normally be necessary to undertake other work or incur other costs other than those described above. However, we would be very happy to provide you with a more tailored quote for all stages of your particular case once we know about your specific circumstances.

The estimated fees above do not include the following work. If relevant, the stages below may increase the fees payable:

• Advising on, or engaging in settlement negotiations;
• Any orders against you to pay the opponent’s costs or preparation time relating to any dispute over costs;
• Involvement of  barrister at any stage other than the Final Hearing;
• Advising on, or participating in any form of mediation, including judicial mediation.

The time it takes from your initial instructions to the end of your case depends largely on the stage at which it is resolved and the time it takes for the Employment Tribunal to process.

If a settlement is reached during pre-claim discussions, your case is likely to take 4 - 6 weeks. If your claim proceeds to a final hearing, your case is likely to take 18 - 36 weeks.

This is just an illustration, and we will be able to give you a more accurate timescale once we have more information from you and as the case progresses.

Barnes Law has extensive experience in helping its clients to recover unpaid debts. Below we outline our cost and service information in relation to recovering business to business debts that are not disputed. This arises, for example, where your claim is in relation to an unpaid invoice which is not disputed, and enforcement action is not needed.

Our fees for business debt recovery are charged at our hourly rates. They are not based on the size of the debt, but rather on the complexity of your particular situation and the amount of time we spend on your matter. Our hourly rates, as they currently are, range between £185 plus VAT and £450 plus VAT.

Where VAT is referred to, please note that this will be charged at the applicable rate in the UK, which is currently 20%.

If you wish to proceed with a claim, please note that:

• The VAT element of our fee cannot be reclaimed from your debtor.
• 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 fees include:

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

Matters usually take a few weeks from 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 Judgement in Default. If enforcement action is needed, the matter will take longer to resolve.
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All additional work is charged at our hourly rate. Furthermore, if you require us to monitor instalments, negotiate settlements or provide documents in support of the claim, these will also be calculated in line with our prevailing hourly charging rates.
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If the debt is disputed (ie, you and the debtor cannot agree on the amount), we will evaluate our fees based on our hourly rates if extensive additional work is required. In any event, we will inform you and obtain your consent before proceeding with your matter.

As mentioned above, the costs and length of time it will take will depend upon the complexity of the debt claim. Although we can only give exact prices when we provide you with a quote, the following ranges may serve as guidance only.

The transactions we come across are often complex and as such it is difficult to provide a standard estimate before we review the documents. However, the below sections explain the steps we take and the factors which determine the complexity of a particular transaction.

The time it takes from your initial instructions to the end of your case depends largely on the stage at which it is resolved and the time it takes for the Employment Tribunal to process.

If a settlement is reached during pre-claim discussions, your case is likely to take 4 - 6 weeks. If your claim proceeds to a final hearing, your case is likely to take 18 - 36 weeks.

This is just an illustration, and we will be able to give you a more accurate timescale once we have more information from you and as the case progresses.

Our advice in residential conveyancing generally includes the following:

• Property searches and pre contractual enquiries;
• Negotiation of the Contract for Sale and Transfer of the property;
• Reporting on the title to the property, and where relevant leasehold documents;
• Completion of the purchase and any associated mortgage;
• Post completion steps including payment of SDLT and registration of the transaction at the Land Registry.

The precise stages involved in the purchase of a residential property vary according to the circumstances. Below is a reflection of the key stages:

• Carry out the anti-money laundering checks as required by law;
• Take your instructions and provide initial advice;
• Review financial arrangements for funding the purchase and contact your lender's solicitors, if obtaining a mortgage;
• Review and advise on contract documents;
• Submit searches in relation to the Property, review the search results and raise additional enquiries where relevant;
• Obtain further documentation from the seller’s solicitors, as required;
• Give you advice on all documents and information received;
• Arrange for your signature on the contract and associated documents;
• Agree completion date (date from which you own the property);
• Exchange contracts and notify you that this has happened;
• Draft the transfer and arrange for your signature on the completion documents;
• Advise you on joint ownership considerations;
• Obtain pre-completion searches;
• Calculate and receive all funds required for completion;
• Complete purchase with the seller’s solicitor;
• Deal with the post completion formalities including: a) with input and authority from you, prepare and submit the Stamp Duty Land Tax (SDLT) return to HM Revenue & Customs; and b) submit the Land Registry application in relation to the purchase of the property.

You will be responsible for the payment of our legal fees relating to the purchase together with disbursements such as the Land Registry registration fee and Stamp Duty Land Tax (SDLT).

Our fees will depend upon the complexity of the transaction, but our minimum fee is £4,500 plus VAT and disbursements. The following factors may influence the complexity of the transaction:

• Leasehold or freehold;
• New build or off-plan;
• Property price;
• Timescale required;
• Complex conditions required in the contract;
• Listed building;
• Unregistered land;
• Title defects;
• Lease extension;
• Corporate structuring advice;
• Declaration of trust.

Disbursements are costs related to your matter that are payable to other people, such as the Land Registry.

We will handle the payment of the disbursements on your behalf, and they will be payable in addition to our costs. The figures stated below assume standard searches will be obtained, but it may be necessary to order additional searches based on any issues and features unique to the property.
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Search fees: £500+ for both residential and commercial. This includes (1) Local Authority Search, (2) Drainage & Water Search, and (3) Environmental Search. This figure may increase depending on the size and location of the property to be purchased and nature of the transaction.

Land Registry Fee: £20 - £1105
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Bank Transfer Fee: 0 - £25+VAT per transaction
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Stamp Duty Land Tax (SDLT): The amount payable will depend on the purchase price for the property and the buyer’s position in relation to UK residency and additional properties. We shall calculate the amount payable by you at the outset of the matter or engage specialist Stamp Duty accountants if particularly complex.

The length of time between your offer being accepted and legal completion depends on a number of factors, including if the seller has a related purchase and any documents required from third parties. The average time is four to eight weeks, though a purchase can be expedited if particularly urgent.

The precise stages involved in the sale of a residential property vary according to the circumstances. Below is a reflection of the key stages:

• Carry out the anti-money laundering checks as required by law;
• Take your instructions and provide initial advice;
• Prepare a sales pack comprising title information, lease and management documentation and replies to standard enquiries (with your input);
• Draft, negotiate and agree the sale and purchase agreement;
• Negotiate and agree the form of transfer to the buyer;
• Deal with additional enquiries raised by the buyer’s solicitors and prepare replies to those enquiries with your input;
• Send the sale contract to you for signature;
• Agree a mutually convenient completion date (date from which you must vacate the property);
• Exchange contracts on your behalf and hold the buyer’s deposit until completion;
• Completion of the sale and where the property is subject to an existing mortgage the discharge of the mortgage from the completion monies and any additional monies required from you;
• Post completion steps including the transfer of the completion monies in accordance with your instructions.

As the seller of a residential property you will be responsible for the payment of our legal fees and the disbursements (see below) relating to the sale. Further details of the likely costs, disbursements and fees are available on request together with the information set out below.

Our fees will depend upon the complexity of the transaction, but our minimum fee is £4,500 plus VAT and disbursements. The following factors may influence the complexity of the transaction:

• Leasehold or freehold;
• Existing tenancies or short-term lets;
• Property price;
• Existing mortgage or financial charges;
• Timescale required;
• Complex conditions required in the contract;
• Listed building;
• Unregistered land;
• Title defects;
• Lease extension;
• Corporate structuring advice;
• Existing declarations of trust;

Disbursements are costs related to your matter that are payable to other people, such as management pack fees.
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We will handle the payment of the disbursements on your behalf and they will be payable in addition to our costs.
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Management Pack fees: If the property is a leasehold, it will normally be necessary to order a management pack from the landlord or managing agent in charge of the building/development. The fees charged by your landlord can vary, but are usually no more than £600+VAT.
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Licence to Assign fees: If the property is a leasehold, your lease may contain a restriction that requires the consent from your landlord before the property is sold. This consent may take the form of a Licence to Assign, the fee for which is payable by you as the seller. The landlord usually charges no more than £1,000+VAT for this, though we will request confirmation at the outset.
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Bank Transfer Fee: 0 - £25+VAT per transaction.