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  • Employment tribunals (unfair or wrongful dismissal) pricing

    Team

    The Edwin Coe LLP employment team has a great depth of collective experience in delivering high quality work in respect of all matters relating to employment law including all types of claims which may brought before an Employment Tribunal and High Court claims in respect of bonuses, team moves, the protection of confidential information and the enforcement or challenge of post termination restrictions.

    This costs information however is given in relation to claims for unfair dismissal and wrongful dismissal before the Employment Tribunal only, whether we are acting for an employee who is bringing such a claim or a business which is defending such a claim. This includes whistleblowing claims but not discrimination claims.

    A partner in the team will always be assigned to your case which will be managed on a day to day basis wherever possible and appropriate by a more junior member of staff, always subject to the supervision of the relevant partner.

    The team comprises:

    Linky Trott (Head of Department)

    Alexandra Bonner (Partner)

    Clare Gilroy-Scott (Partner)

    Ruth Hickling (Partner)

    Emma Sangeelee (Partner)

    Rachel Harrap (Consultant)

    Elliot Francis (Associate)

    George Orman (Associate)

    Charlotte Gittins (Solicitor)

    Trainee (who will change every 6 months)

    Costs Information

    We do not usually offer fixed fees. We are prepared to consider it on a case by case basis but the nature of Tribunal claims is such that it is difficult to predict the final costs as these will depend in part on the conduct of the other side and the manner in which they conduct the claim.

    Our costs are calculated on a time spent basis in 6 minute units at the hourly rate of the individual doing the work and we will keep a record of time spent on your matter by means of a daily time sheet.  We will, where possible, agree a fixed fee with you for a particular stage of the claim; if a fixed fee has been agreed, our costs will not exceed that fixed fee unless something unexpected happens in relation to that stage of the proceedings which makes the costs higher than initially anticipated by us.

    As soon as any such unexpected event arises, we will advise you that this will incur further costs over and above the fixed fee.  This could include for example, the late service of additional witness statements by the other side.

    The hourly rates of our team are:

    Partner £480 – £625 plus VAT
    Senior Associate £390 – £435 plus VAT
    Associate £340 – £390 plus VAT
    Solicitor £295 – £310 plus VAT
    Second year trainee £220 plus VAT
    First year trainee £190 plus VAT
    Paralegal £190 plus VAT

     

    No two claims are the same and our fees will reflect the particular circumstances of the claim. The sorts of factors which will make a claim more complex and could therefore increase costs could include; if it is necessary to make or defend applications to amend claims; providing further information about an existing claim; bringing or defending claims where the other side is acting for themselves and has not instructed solicitors; making or defending a costs application; dealing with complex preliminary issues such as jurisdictional issues regarding employment status or time limits; whether or not a claim or any part of it has been brought out of time; whether or not a ‘protected disclosure’ for the purposes of a whistleblowing claim has been made; the number of witnesses and documents; if it is an automatic unfair dismissal claim e.g. if it is said that the employee was dismissed after blowing the whistle on their employer; if it is a constructive dismissal claim (i.e. the employee has resigned in response to a serious breach of the employment contract by their employer); the length of the hearing which can vary from between one day for a straight forward unfair dismissal claim to 10 days or more for a complex whistleblowing claim.

    Because of this, we cannot give you a reliable estimate of the costs of us helping you with your claim, until we have details of the nature of the claim being brought or defended and have been able to take instructions from you to identify the issues that are likely to arise and how the claim may be conducted.

    Subject to that however we set out below the range of costs that could be expected in a ‘Simple’, ‘Medium Complexity’ and ‘Highly Complex’ case for unfair dismissal and wrongful dismissal cases including whistleblowing claims but not discrimination claims:

    • Simple case: £35,000 to £55,000 (excluding VAT and disbursements)
    • Medium complexity case: £55,000 to £110,000 (excluding VAT and disbursements).
    • High complexity case: £110,000 to £275,000 (excluding VAT and disbursements).

    The fees set out above would typically cover all 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 award (this is likely to be revisited throughout the matter and subject to change).
    • Entering into pre-claim conciliation.
    • Preparing your claim or response.
    • Reviewing and advising on your claim or response from the other party.
    • Exploring a settlement and negotiating settlement throughout the process.
    • Preparing or considering a Schedule of Loss.
    • Preparing for (and attending) a Preliminary Hearing; for example a Case Management Conference.
    • Exchanging documents with the other party and agreeing a bundle of documents.
    • Taking witness statements, drafting statements and agreeing their content with witnesses.
    • Preparing the hearing bundles.
    • Reviewing and advising on the other parties’ witness statements.
    • Agreeing a list of issues, a chronology and/or a list of those matters relevant to the facts of the case.
    • Preparation and attendance of final hearing including preparing instructions to a barrister.

    The stages set out above are an indication of what may be expected and if some of the stages are not required, our costs would be reduced accordingly.  You may wish to handle all or part of a claim yourself and only have our advice in relation to some of the stages.  This can be arranged depending upon your individual needs.

    It is also important to note that in the vast majority of cases we reach an agreed settlement with the other side and claims more often than not, do not proceed to a full hearing before the Employment Tribunal. Cases may settle at any stage and we will regularly discuss settlement with you with a view to reaching an agreed settlement with the other side. We have an excellent track record of achieving good settlements for our clients.

    A ‘Simple Case’ would be a straight forward unfair dismissal claim which would not take more than one day for the hearing before the Employment Tribunal.

    A ‘Medium Complexity’ case would be a two to four day hearing before the Employment Tribunal.

    A ‘High Complexity’ case would be a hearing lasting more than four days.

    Many individuals have insurance cover that covers some or all of their costs of bringing employment law claims.

    Disbursements

    Disbursements are costs relating to your matter that are payable to third parties such as barristers’ fees.  Our fees do not include payments which would have to be made to third parties. We handle the payment of disbursements on your behalf to ensure a smoother process.

    The main disbursement in all cases will be for barristers’ fees.  Barristers are usually instructed to advise in conference with us and you, before a claim is issued and to draft the Particulars of Claim or the Response (the defence) to a claim as applicable.

    Barristers may also be instructed to represent you at any preliminary hearing that is listed by the Employment Tribunal (depending on the complexity of the case) to include the drafting of the ‘list of issues’ which is a list of the matters an Employment Tribunal will have to decide at the full hearing. The barrister may also attend any additional hearing before an Employment Tribunal that may be required (such as an application for the disclosure of documents which are not provided voluntarily by the other side).

    The barrister may also be instructed to assist with the drafting of witness statements and to appear at the final hearing to conduct the claim on your behalf before the Employment Tribunal.

    Barristers’ fees can vary hugely depending on the experience of the barrister and whether or not we and  you consider it necessary to instruct a very senior barrister known as a ‘King’s Counsel’ (KC); this may be required in a complex whistleblowing claim but is very unlikely in a straight forward unfair dismissal claim. The decision as to which barrister to instruct, and at what lever, will be made by you in in conjunction with us.

    As a guide however, excluding a KC’s fees, Counsel’s fees for such steps in a Simple, Medium Complexity and Highly Complex claim could be in the region of the following:

    A ‘Simple’ case: £3,000 – £8,000 plus VAT

    A ‘Medium Complexity’ case:  £10,000 – £30,000 plus VAT

    A ‘Highly Complex’ case: £30,000 – £100,000 plus VAT

    Other disbursements likely to be incurred will be conference call costs and bulk copying costs. You will be advised that such disbursements will be incurred before they are incurred.

    VAT

    VAT is payable when acting for a UK business; if the business is based in the EU then VAT will not be chargeable if the business has a valid VAT number; if the business is based outside of the EU, then no VAT is charged.  When acting for individuals, VAT is only charged for those based in the UK. For individuals based outside of the UK, no VAT is charged.

    The current rate of VAT is 20%. So an hourly rate of £100 plus VAT will mean a charge of £120. VAT rates however do vary and we are legally required to charge the applicable VAT rate at the time that the work is undertaken.

    How long will my matter take?

    The time that it takes from taking your initial instructions to the final resolution of your matter depends largely on the stage at which your case is resolved.  No two actions are the same and when the matter is listed for a final hearing will depend upon the availability of relevant witnesses, the length of the hearing and the Employment Tribunal resources to list matters before an Employment Judge.

    The Employment Tribunals are currently experiencing administrative challenges which can result in delays in the issuing and service of claims, dealing with correspondence and listing hearings. This makes it very difficult to predict how long a claim would take. However a Simple Case would be expected to be completed in 6 – 9 months. Medium Complexity and Highly Complex cases would take longer.

    Useful websites

     

  • Residential property conveyancing pricing

    Team

    The residential property team at Edwin Coe LLP has a wealth of experience in residential conveyancing, financing and leasehold enfranchisement.  The team deals with both freehold and leasehold properties and has particular experience in dealing with high value transactions often of some complexity and under short deadlines.

    We adopt a partner led approach so each matter will have a supervising partner although an associate or senior associate may well have the day to day conduct of the matter under partner supervision.

    In addition, under the Conveyancing Quality Scheme (“CQS”) there is also a Senior Reporting Officer.

    Member of the team and their hourly rates are:

    Rosie McCormick Paice Partner – Head of Residential Property 20+ years PQE £540
    Stephen Brower Partner – Head of Property group 20+ years PQE £625
    Katherine Simpson Partner – Enfranchisement Specialist  20+ years PQE £540
    Ian Gilmour Partner 20+ years PQE £540
    Alastair Hutchinson Consultant  20+ years PQE £470
    James Davies Senior Associate 20+ years PQE £455
    David Johnson Associate 5 years PQE £390
    Charles Wilson Associate  2 years PQE £325
    Carlos Sharrock Solicitor £310
    Daniel Samole Solicitor £310
    Abi Mohan Paralegal £220
    First year trainee
    Second year trainee

     

    The profiles of the members of the Residential Property Team and their level of experience can be viewed on our website.

    Regulatory information

    The firm’s SRA number is 462112.

    Fees

    Generally we charge at an hourly rate with cost units of 6 minutes. However we always seek to provide an accurate estimate of our fees at the outset of each matter.

    The fee cover all work, including taking your initial instructions and dealing with AML requirements, in relation to the key stages of a transaction.

    No property transaction is the same and our fees will reflect the requirements of the transaction such as the value of the property, whether freehold or leasehold, whether finance is involved, whether it is a new build property and whether it has to be completed in a short time frame.

    We set out the range of fees charged for typical freehold and leasehold transactions at the values indicated up to £3 million.    These are very much a guide and a more accurate estimate of fees can be given once discussions reveal the extent of a transaction.

    Where there is a period of over one month between exchange and completion we reserve the right to charge 75% of our fees following exchange of contracts

    Assumptions

    We may increase our standard fees in the following circumstances:

    • Exchanging contracts within a very short time frame
    • Doing an attended exchange of contracts
    • Dealing with purchases at auction
    • Following a succession of abortive sales
    • Where a lender has separate solicitors

    Exclusions

    As part of a conveyancing transaction the following would not be included in the scope of our work:

    • Taxation advice including on Stamp Duty Land Tax and Capital Gains Tax.
    • Planning advice including that required for unauthorised alterations.
    • Rectifying unusual or onerous defects in the leasehold or freehold title.
    • Advising on the physical condition of a property.
    • Advice or preparation of a Declaration of Trust or similar instrument to govern the details of co-ownership of the property.

    If applicable, we will price these and any other requirements separately. If necessary, we may obtain such additional advice as is required from appropriately qualified third parties.

    VAT

    All fees are exclusive of VAT and disbursements.

    The current rate of VAT is 20%. So an hourly rate of £400 plus VAT will mean a charge of £480. VAT rates can vary and we are legally required to charge the applicable VAT rate at the time that the work is undertaken. We will notify you of any changes to the VAT rates.

    Although the sale of residential property is exempt from VAT, VAT is always payable on fees relating to residential property transactions irrespective of whether a party is an individual or a business and whether located in the UK or abroad.

    Disbursements

    Disbursements are costs relating to your matter that are payable to third parties such as search fees. Disbursements differ between sales and purchases with the cost of disbursements for a purchase being much higher than those for a sale.

    We usually ask for funds on account to cover the cost of these as they are expenses that we incur with third parties.

    Conditional fee or damages based agreements

    We do not act on a conditional fee basis nor on a “no sale no fee” basis.

    Presumptions

    When providing a fee estimate we would presume the following:

    1. that the property is registered with the Land Registry and there are no title defects
    2. that our investigations do not reveal any issues which must be resolved prior to the exchange of contracts
    3. that there are no other unusual problems or complications; and
    4. we receive clear and timely instructions from you.

    In the case of leasehold properties, the landlord / managing agent provides timely and full leasehold disclosure.

    If any of these key presumptions are incorrect or change over time, we would provide a revised scope of work, timetable and fee estimate.

    PURCHASES 

    Freehold purchases 

    Stages of the process

    The precise stages involved in the purchase of a residential property vary according to the circumstances. However, broadly speaking, our work will involve the following:

    1. approving the contract and if necessary negotiating any required changes with the seller’s legal advisers
    2. carrying out a full review of the legal title to the property to ensure that the seller is legally entitled to sell the property; to ensure that there are no onerous covenants or rights which will affect your use and enjoyment of the property and to ensure that all necessary rights are in place to allow your use of the property for all normal residential purposes
    3. carrying out a search with the Local Authority and analysis of the results to ensure, amongst other things, that all necessary planning consents and Building Regulations approvals are in place; whether the property abuts a publicly maintainable highway; the results of any Tree Preservation Orders; details of any nearby road schemes; details of any proposed compulsory purchase schemes; and whether there are any orders in place that would create further liabilities
    4. carrying out further searches in relation to drainage and water supplies, the environmental history of the property, whether there is an ongoing chancel repair liability and other locally relevant matters and analysing the search reports to ensure that there are no onerous liabilities attached to the property.
    5. corresponding with the seller’s solicitor to raise additional enquiries to address the results of our searches and general investigations so that any issues that are revealed are clarified and/or dealt with
    6. providing a written summary of our findings from reviewing the legal title, the search reports and replies to enquiries
    7. providing you with the contract for your signature
    8. exchanging contracts and carrying out the final pre-completion searches with the Land Registry to ensure that there have been no further amendments to the legal title, and to ensure that our application to register the transfer of the property has priority at the Land Registry
    9. preparing the completion statement to show all payments made and received and confirming the balance required in order to complete the purchase
    10. preparing a draft Stamp Duty Land Tax return based on information you have given us for filing with HMRC immediately following completion
    11. raising requisitions on title and checking the replies, including undertakings to redeem the sellers’ existing charges. Drafting and agreeing the legal transfer
    12. completing the purchase; submitting a return to HMRC to account for any Stamp Duty Land Tax to be paid; ensuring that any indemnity policies are in place from the date of completion
    13. registering the transaction with the Land Registry and ensuring that the new ownership any new legal charge and any other pertinent matters are correctly recorded

    The summary above assumes there is no mortgage.  Where there is a mortgage we shall also:

    1. deal with perusing the loan documentation
    2. provide a certificate of title to the lender
    3. report to the lender following completion of registration

    Average prices for freehold purchases                              

    Up to £2 million £3,500 – £7,000
    £2 million to £3 million £4,500 – £8,000

     

    Leasehold purchases

    In addition to the work involved with freehold purchases the following would also be undertaken:

    1. reviewing the details of the lease to make sure it validly grants the leaseholder necessary rights, easements and interests and that it contains all necessary covenants on behalf of the Landlord and management company to repair, maintain and insure the building in which the flat is situate and ensuring that the lease meets the standard requirements of a lender
    2. reviewing the management pack provided by the landlord or managing agent which gives information about the building, buildings insurance, the level of service charges and whether any major works are planned to the building
    3. dealing with the landlord’s requirements for a licence to assign the flat if one were required by the lease to include advising on any rent and service charge deposit required

    Average prices for leasehold purchases                              

    Up to £2 million £3,500 – £7,000
    £2 million to £3 million £4,500 – £8,000

     

    Disbursements

    For purchases we will lodge searches on your behalf and handle payment for those.   These include searches at HM Land Registry, a local authority search, a water and drainage search, an environmental search and other relevant searches such as a flood search.    We ask for £600 on account of searches.

    It may not be necessary to carry out all the searches below depending on the exact location of the property.  For rural properties other searches may be necessary such as a Commons Registration search.

    The following sets out the typical disbursements in a transaction.  We have based this on the purchase of a flat in a built up part of the City of Westminster as at 1st April 2023.

    Disbursements (inclusive of VAT) £
    OS Plan £3.90
    Index map search £4.90
    Local authority search £247.90
    Drainage and water search £81.95
    Chancel repair search £27.60
    Environmental search £68.10
    Specialist Flood search £36
    Highways search £68.88
    Energy and Transportation search –       £36
    DevAssess search –       £124
    Land registration fee –       £500
    Land Registry OS1 search fee £3.00
    Bankruptcy search £2.00 (per person)
    Telegraphic transfer fee £25 plus VAT
    Landlord’s Notice of assignment and /or charge fee Average £120 plus VAT per notice

     

    The cost of searches varies between local authorities as does the time period in which they are dealt with

    Stamp Duty Land Tax (“SDLT”)

    In addition to the above, SDLT will be payable. You must pay SDLT if you buy a property or land over a certain price in England.

    This is the largest disbursement in a purchase transaction and is assessed on the purchase price.  SDLT is paid at the end of the transaction.

    HMRC provide an on-line SDLT calculator which can be used to calculate the tax due.

    HMRC SDLT calculator link

    There are currently two additional rates of SDLT that may be payable on top of the prevailing SDLT rates.

    An additional rate of 2% is payable where a buyer is non-UK resident ie has not lived in the UK for at least 183 days out of the 365 days before completion of the transaction.

    An additional rate of 3% surcharge is payable for all buyers who currently own residential property where the property being acquired is not replacing their main home.

    There can be circumstances in which any additional SDLT paid could be reclaimed from HMRC at a later date.

    In addition there are some reliefs that may be available that may reduce the amount of SDLT payable.

    In Wales, Land Transaction Tax may be payable.

    For more information about SDLT, see this link. https://www.gov.uk/stamp-duty-land-tax

    Our retainer does not include advice on SDLT.   We shall prepare an illustrative calculation based on the information provided to us.  We can refer clients to a specialist tax lawyer if there are any unusual factors which we believe may result in clients having to pay the additional rate(s) of SDLT and / or which may entitle them to claim a relief of any additional SDLT previously paid, or where there may be reliefs available to reduce the amount of SDLT payable.

    Registration

    Once SDLT has been paid, the transfer is registered at HM Land Registry.  There is a set of scale fees set by HM Land Registry which are based on the price set out in the transfer.

    Links to other useful websites

    SALES

    Sale of freehold property

    Stages of the process

    The precise stages involved in the sale of a freehold residential property vary according to the circumstances. However, broadly speaking, our work will involve the following:

    1. carrying out a full review of the title to the property
    2. liaising with the client on the completion of the Property Information Form and Fittings and Contents Form and obtain any supporting documentation.
    3. drafting the contract and TR1 and, if necessary, negotiate any changes requested by the buyer’s legal advisors
    4. communicating with the buyer’s legal advisors and the estate agent at key stages
    5. answering pre-contract enquiries and obtaining supplementary information from the client
    6. agreeing the deposit arrangements
    7. arranging signature of the contract and facilitating the process of exchange
    8. obtaining an estate agents account and preparing financial statements
    9. providing the buyer’s legal advisor with necessary completion information and undertakings
    10. arranging execution of the legal transfer and any other documents required for completion
    11. receiving funds from the buyer’s legal advisors to complete the transaction
    12. redeeming any mortgage on the property
    13. paying any costs of the sale including the estate agent’s invoice
    14. accounting to the client for the balance of the sale proceeds

     

    By way of illustration, our fees for dealing with a sale of a freehold house in London at a price of £2m with no title or planning issues is likely to be in the range of £3,500 to £4,500 plus VAT (at a rate of 20%) and disbursements.

    The following third party costs (i.e. disbursements) will typically be payable:

    Disbursement £
    Office copies of the title register and plan 6.00
    Telegraphic transfer fee 24.00 (per transfer)

     

    Freehold sales                                   

    Up to £2 million £3,250 – £7,000
    £2 million to £3 million £4,250 – £8,000


    Sale of leasehold property

    Stages of the process

    The precise stages involved in the sale of a leasehold residential property vary according to the circumstances. However, broadly speaking, in addition to the work outlined above we shall also do the following:

    1. liaising with the client on the completion of the Leasehold Information Form and obtaining any supporting documentation
    2. carrying out a full review of the title to the flat and the leasehold and any superior titles to the building in which the flat is located
    3. requesting a management pack from Landlord or managing agent and a completed leaseholder property
    4. communicating with the buyer’s legal advisors, the landlord or managing agent and your estate agent at key stages.
    1. dealing with the landlord’s requirements for a licence to assign which would include obtaining references from the buyers and approving the form of licence to assign
    1. advising on any rent and service charge deposit required by a landlord as part of giving its consent to any assignment which is typically a sum held by the landlord equal to 2 – 3 years ground and service charge for the duration of the buyer’s ownership
    2. calculation of apportionments of service charge and ground rent due or payable on completion

    For a sale of leasehold property there are the fees of the managing agent to pay for the provision of replies to Leasehold Property Enquiries and supplemental documents.

    In some instances there are landlord’s fees to pay for a licence to assign the lease if one is required by the lease. Fees for a rent and service charge deposit deed are usually paid by the buyer as it is the buyer’s circumstances that dictate whether such a document is necessary.

    The following third party costs (i.e. disbursements) will typically be payable:

    Disbursements (exclusive of VAT) £
    Land registry search fees £25
    Licence to assign (if applicable) £1,250.00 – £1,750.00
    Rent and Service charge deposit deed £750 – £1,200
    Deed of covenant fee £250.00 – £500.00
    Management pack/replies to leasehold enquiries £250.00 – £600.00

     

    Leasehold sale

    By way of illustration, our fees for dealing with a sale of a leasehold flat in London at a price of £2m with no title issues is likely to be in the range of £3,950 to £4,950 plus VAT (at a rate of 20%) and disbursements.

    Timescales

    No two property transactions are the same and time scales can vary significantly.   One party can slow down the transaction which can be frustrating for the other party.  This is particularly common in a chain of transactions.   In addition it can takes some weeks for all the search results to come back depending on where the property is located.

    The completion date is agreed between the parties.  Therefore it can be anything from being simultaneous with exchange or some months away.

    Typically, we would expect to be in a position to exchange contracts in around 3-8 weeks from being engaged depending on a range of factors including how quickly we are able to complete our client due diligence procedures and the responsiveness of the other party’s conveyancer.

    For purchases the turnaround time for search results and the receipt of a mortgage offer where financing is required also impacts on the time frame.

    For sales it can depend on how quickly a client is able to send the completed property information questionnaires and deeds plus the receipt of a management pack and obtaining a licence to assign in the case of leasehold transactions.

    Complicating factors

    Factors that could make a case more complex and / or more protracted and could therefore increase costs include the following:

    • issues with the title requiring rectification or variation
    • complex leasehold title structures
    • unregistered land
    • breaches of historic restrictive covenants and other restrictions on the title
    • issues that need to be covered by indemnity insurance
    • licence to assign and / or rent deposit deed
    • country properties involving countryside stewardship schemes
    • alterations carried out at a property and party wall awards
    • listed buildings
    • complex planning history due to substantial alterations having been carried out
    • obtaining retrospective consents where alterations that have been carried out without planning or building regulation consent or, in the case of leasehold properties, landlord’s consent
    • planning issues arising from proposed works or unimplemented or partly implemented planning consents
    • material issues arising from a survey report
    • where a lender has its own solicitors
    • dealing with unusual requirements for a lender
    • advising on loan documentation
    • enfranchisement issues such as extending the lease of a flat or purchasing the freehold of a house
    • resolving any issues to ensure that a property is marketable and mortgageable

    Mortgage and remortgages

    The work involved in a refinancing matter is akin to that of a purchase.  The lender is akin to a buyer and the borrower is akin to a seller.  Therefore our work for re-financing will include the work described for a purchase transaction.

    By way of illustration, our fees for dealing with the mortgage of a freehold property in London valued at £2m with no title or planning issues would be between £1,750 and £2,250 plus VAT and disbursements.

    If that property were leasehold our fees would be between £1,950 and £2,950 plus VAT and disbursements.

    The above assumes that we are acting for the lender as well.  Where a lender is separately represented there tends to be more work involved and therefore we would need to revise our fee estimate.

    Timescales

    Typically, we would expect to be in a position to complete the mortgage within 3-6 weeks from being engaged, depending on a range of factors including: how quickly we are able to complete our client due diligence procedures, when we receive the mortgage offer, the turnaround time for search results required by the lender and receipt of a management pack in the case of leasehold properties.

    Summary of work

    1. obtaining evidence of title
    2. extensive review of the legal title to the property, to ensure that all necessary rights are in place to allow use of the property for all normal residential purposes and that there are no onerous covenants or rights
    3. preparing completion statement and drawing funds down
    4. dealing with the redemption of any existing mortgage
    5. registering the mortgage at the Land Registry and providing a copy of the registered title to the client.

    Independent legal advice

    Our fees do not cover the provision of independent legal advice to a third party such as an occupier or guarantor or where the mortgagor is not the borrower.   Another fee earner in the department can provide that advice if the lender consents and there would be a separate charge usually between £500 – £850 plus VAT depending on the requirements of the lender.

    Examples of complicated transactions all assuming a purchase price of £2 million

    Complicated transaction – freehold purchase

    If we were dealing with a mortgage funded purchase of a freehold house in London where there has been a breach of restrictive covenant, unauthorised works have been carried out and there are structural issues with the property, we would expect our fees to be in the region of £7,000 to £15,000 plus VAT and disbursements.

    In addition to the disbursements above, you might expect to pay the following:

    • Bankruptcy search fees – £2 per person.
    • Indemnity insurance fees – circa £300-£1,500 (but this would depend on a variety of factors including the nature of the risk being covered and level of indemnity required).

    Complicated transaction – leasehold purchase

    If we were dealing with the purchase of a flat in Central London on one of the landed estates such as the Grosvenor Estate held on a short lease requiring a lease extension and requiring a licence to assign and rent deposit our fees would be in the region of £9,000 plus VAT to include a report on the lease extension and drafting the notice of claim as well as the necessary provisions in the contract and transfer

    Complicated transaction – freehold sale

    If we were dealing with the sale of a house in London at a price of £2m where there have been planning breaches and breaches of restrictive covenants, we would expect our fees to be in the region of £7,000 to £10,000 plus VAT and disbursements.

    Complicated transaction – leasehold sale

    If we were dealing with the sale of a leasehold flat in London at a price of £2m where there have been unauthorised alterations, major works being undertaken to the building by the landlord and a complex title structure, we would expect our fees to be in the region of £7,000 to £15,000 plus VAT and disbursements.

    In addition to the disbursements above, you might expect to pay the following:

    • Fee relating to landlord’s retrospective consent – £1,500 – £2,500 plus VAT and disbursements. In addition, you will probably be responsible for the landlord’s legal and surveyor’s costs in respect of your application for retrospective consent.
  • Probate pricing (uncontested cases with all assets in the UK)

    Team

    The Edwin Coe LLP Private Client team has over 140 years of collective experience in delivering high quality work in all matters related to probate and estate administration. The team has particular expertise in high value estates and inheritance tax matters.

    A partner in the team will always be assigned to be responsible for your matter which will be managed on a day-to-day basis wherever possible by a more junior member of staff, always subject to the supervision of the relevant partner. The team comprises:

    Alison Broadberry (Head of Department)

    David Goepel (Partner)

    Matthew Barnett (Partner)

    William Edwards (Partner)

    Brendan O’Shea (Partner)

    Nick Giles (Consultant)

    Michael Reynolds (Senior Associate) (Probate and Trust Manager)

    Marina Russell (Senior Associate)

    Ania Chapman (Senior Associate)

    Wendy Hall (Senior Associate)

    Eva Moynihan (Associate)

    Anna Primrose (Associate)

    Toni Recchia (Associate)

    Jessica Brittain (Associate)

    Lara Persell (Solicitor)

    The team are assisted by trainee solicitors and paralegals as necessary.

    Costs information

    We do not usually offer fixed fees for the entire matter. Our costs are based on the anticipated time the matter will take, bearing in mind the hourly rates of the individual(s) with the level of qualification and experience we believe it is necessary to have in order to provide the services required on each matter. Work will normally be carried out by the most appropriately experienced member of staff in order to limit costs as far as possible.

    Our costs are calculated on a time spent basis in 6 minute units at the hourly rate (exclusive of VAT) of the individual undertaking the work and we will keep a record of time spent on your matter by means of a daily time sheet. We will wherever possible provide a reasoned estimate to you for a particular stage of the matter and our costs will not exceed that estimate unless something unexpected happens in relation to that stage of the matter which makes the costs higher than initially anticipated by us. As soon as any such unexpected event arises, we will advise you that this will incur further costs over and above the estimate.  We do not charge a percentage value of the estate.

    No two estates or therefore probates are exactly the same and our fees will reflect the particular circumstances of the estate of the deceased, the number, nature and value of assets they held, the number of beneficiaries; the overall complexity of the situation; the extent of review and analysis of other documents and information required; the amount of calls, meetings and email or letter correspondence, and your particular requirements in relation to those aspects of probate or estate administration on which you give us instructions to act for you.

    For example, dealing with an estate where there are numerous beneficiaries, several or multiple properties or a number of separate bank accounts and investment holdings will cost more than dealing with an estate where there is one beneficiary, one property and one bank account. Dealing with an estate which qualifies for inheritance tax reliefs such as Business Relief or Agricultural Property Relief, will have added complexities and will cost more for us to administer than a simple estate. Because of this we cannot give you a reliable estimate of the costs of us helping you until we have details of the deceased’s estate, including details of lifetime gifts made and exactly what role you would like us to take. We hope however the following information and examples are helpful. Our typical fees in a straightforward estate valued at under £1m where there is no Inheritance Tax Return required, to obtain a Grant of Representation will be £4,200 (inclusive of VAT). Our fees for undertaking the full estate administration on such an estate will typically range from £5,040 (inclusive of VAT) to £6,720 (inclusive of VAT). Wherever possible we will always agree with you an indicative cost to be agreed with you before we undertake any work.

    The hourly rates of our team are:

    Partners £480 – £650 plus VAT
    Senior Associates £410 – £490 plus VAT
    Associates £325 – £385 plus VAT
    Solicitors £310 plus VAT
    Trainees £200 – £220 plus VAT
    Paralegal £230 plus VAT

     
    What services are provided?

    As part of our probate services, we will:

    • provide you with a dedicated and experienced probate practitioner to work on your matter.  There will always be a responsible partner supervising the matter together with one or more experienced practitioners suited to the particular work required
    • identify the legally appointed executors or administrators and beneficiaries
    • accurately identify the type of Grant application you require
    • obtain the relevant documents required to make the application
    • complete the Probate application and the relevant HMRC forms
    • draft a legal statement or form PA1P (as necessary)
    • make the application to the Probate Registry on your behalf
    • obtain the Grant and Court sealed copies.

    If you wish us to do so and we are instructed to do so, we will then collect and distribute all the assets in the estate or such assets as we are instructed to collect and distribute.  We can also file tax returns for the estate if required and instructed to do so.

    Testate estate where the estate value is under £1m and there is no inheritance tax payable

    Our anticipated total costs (on a time spent basis) to acquire the Grant of Probate only is £4,200 (inclusive of VAT).

    This estimate is for estates where:

    • there is a valid Will
    • there is no more than one property
    • there are no more than four bank or building society accounts
    • there are no more than five individual investment holdings
    • there are no other tangible or intangible assets
    • there are one to five beneficiaries (adult, resident, non-charity)
    • there are no disputes between beneficiaries on the division of assets.  If disputes arise this is very likely to lead to an increase in costs
    • there are no claims made against the estate
    • no meeting is required
    • you have provided all required information in a timely manner.

    Testate estate where there is inheritance tax payable

    Our anticipated total costs (on a time spent basis) to acquire the Grant of Probate only is £5,220 (inclusive of VAT).

    This estimate is for estates where:

    • there is a valid Will
    • there is no more than one property
    • there are no more than four bank or building society accounts
    • there are no more than five individual investment holdings
    • there are no other tangible or intangible assets
    • there are one to five beneficiaries (adult, resident, non-charity)
    • there are no disputes between beneficiaries on the division of assets.  If disputes arise this is very likely to lead to an increase in costs
    • there are no claims made against the estate
    • no meeting is required
    • you have provided all required information in a timely manner.

    Note:   Some estates now qualify to be classed as an excepted estate where it is not now necessary to physically lodge the same number of forms as once was the case.  However, in these estates the same degree of fact finding and attention to detail is still required.

    Bona Vacantia estates

    Intestate estates that are Bona Vacantia or which are for some reason unclaimed or where no known kin can be traced initially require specialist skills. Having dealt with this type of intestacy for many years, Edwin Coe has the right procedures in place to administer the estate with all due speed and at reasonable cost. Inevitably, the complications mean that, on average, it takes about 12 months (but it can be anywhere between 6 and 18 months) from being instructed to distribution. We rely on other parties to respond promptly to our enquiries – people like banks, building societies, pension providers and utility companies.

    We know that estates come in all shapes and sizes. An estate worth £5,000 might have 50 beneficiaries or more but an estate of £500,000 might only have 2 or 3 beneficiaries. Or it can be the other way round. Sometimes there is a claim against the estate from the partner of the deceased or there might be an invalid Will. The assets in an estate can vary widely from one case to the next. There is no “one size fits all”.

    For this reason, our standard fee structure for this type of work involves a much lower hourly rate than we charge for Probate cases but we also charge 1% of the value of the estate. The logic behind this decision is that the beneficiaries of a small estate get a small distribution so our fees should reflect that fact. It is all about proportionality. It also means that, on average, our fees work out at between 2 and 5% of the value of the estate but in some cases these limits will be lower or higher depending on the exact circumstances of each case.

    The hourly rate for a Probate Manager is £248 plus VAT of £49.60 giving a total of £297.60. Our charges for Bona Vacantia estate are £198 plus VAT per hour spent by the relevant fee earner and 1% of the value of the estate.

    Potential additional costs

    Where there is no Will or where the estate consists of many shareholdings (stocks or bonds), life policies or pensions, or if the deceased had made lifetime gifts during their lifetime, the matter will take additional time and there will accordingly be additional costs which could range significantly depending upon the particular circumstances of the estate and how it is required to be dealt with under the terms of the Will or intestacy. We can give you a more accurate quote once we have more information.

    If any additional copies of the Grant are required, they will cost £1.50 each (ideally you need one copy for each asset).

    If any executor wishes to renounce their appointment, an additional charge will be incurred for preparing the renunciation documentation.

    Dealing with the sale or transfer of any property in the estate is not included and would usually be dealt with by a member of the firm’s Property team.

    Dealing with any income tax returns up to the deceased’s date of death or during the estate administration is not included.

    Disbursements

    Disbursements are costs relating to your matter that are payable to third parties.  Our fees are not inclusive of any such third party disbursements.  At the outset of a matter we will always inform you of the likely disbursements relevant to your matter.  We will handle the payment of disbursements on your behalf if you wish, to ensure a smoother process for you.

    Typical disbursements relevant for all probate matters include:

    • Probate application fee lodged by a solicitor: currently £273 (no VAT)
    • Each official copy of the Grant £1.50 (no VAT)
    • Land Registry searches (£3 per property)
    • Bankruptcy search (£2 plus VAT for each beneficiary)
    • Notice in London Gazette – typically £64.87 plus VAT – protects against unexpected claims from unknown creditors
    • Notice in local newspaper – fee varies depending on newspaper but could be in the region of £250 (inclusive of VAT) – this also helps to protect against unexpected claims.

    How long will my matter take?

    On average, obtaining the Grant of Probate takes 8 to 16 weeks from the time we submit the papers but this is dependent upon the Probate Registry.  Collecting and distributing assets can only begin once the Grant has been obtained.  This can typically take between an additional 4 weeks and 6 months and can take longer, particularly where Inheritance Tax is payable where the length of time HMRC take to progress the matter and conclude any enquiries into the estate is highly variable.

    Links to other useful websites

  • Immigration pricing

    We have prepared the below information about our Immigration pricing

    Where can I find information on the skills, experience and qualifications of Edwin Coe representatives working in the Immigration team?

    Details of our Immigration team can be found on our website here.

    What will the total cost of the service? Are you able to provide an average or estimate what the range of costs will be?

    Only once we have obtained all material facts of your case and the likely application to be made will we be in a position to advise what the range of costs will be. Often an initial consultation will be required to ascertain this information.

    Every immigration application will be different and our fees quoted will reflect the individual requirements and complexities associated with that application.

    Based on the above, it may sometimes be difficult to provide an exact fee at the outset, however, below you will find an indication of our fees based on the type of application being made.

    Do you offer fixed fees or do you charge on an hourly rate basis only?

    The hourly rate fee for a Partner in the Immigration team is £480 – £550 plus VAT.

    We endeavour at the outset to offer clients the choice of either instructing us on a time-spent basis or a fixed fee to assist with the application.

    Are your fees subject to VAT? Also, are disbursements subject to VAT?

    Our fees and certain disbursements are subject to VAT. For individuals based outside of the UK, VAT is not applicable. VAT is currently set at 20%. Some disbursement payments made to UK Visas and Immigration do not attract VAT. You will be informed of this depending on the nature of application we are instructed to assist with.

    Can you provide a breakdown of the likely disbursements to be incurred with my application?

    Depending on which UK Visa application you are required to make, there are likely be various disbursements for which you will be liable to pay at the time of submitting your application.

    The main disbursements you are likely to pay will be towards UK Visas and Immigration – other examples include (but not limited to) Counsel’s fees, courier/postage fees, travel charges, translation fees etc.

    We will endeavour to explain at the outset any reasonably foreseeable expenses we may have to make on your behalf.

    For applications submitted for individuals who are inside of the UK, the UKVI visa payment will be in GBP. For applications submitted for applicants based overseas, UKVI visa fees will be paid in local currency (unless otherwise stated).

    If disbursements are incurred in a currency other than GBP these will normally be calculated and invoiced to you using the banking exchange rate on the date of payment.

    Confirmation of UKVI visa fees

    UK Visas and Immigration and Home Office fees can be found on their website: www.gov.uk/government/publications/visa- regulations-revised-table

    UK Visas and Immigration have outsourced some application administration tasks to private companies who charge their own fees for certain services such as the processing of biometric enrolment, appointment premium lounges, uploading of documents etc.

    For applications made within the UK, services are provided for by Sopra Steria and details of their services be found on their website: www.ukvcas.co.uk/additional-services

    For applications made overseas, services are outsourced either to VFS Global or Teleperformance, depending on where the application is filed. Details can be found on the website of the relevant company:

    www.vfsglobal.com/en/individuals/index.html

    uk.tlscontact.com/

    I would like to know the scope of services included in the fees displayed below. This includes key stages of the matter, processing times and any other significant information.

    For all UK Visas and Immigration applications, the key stages and work involved will include:

    • Meeting with you to take your instructions and provide clear advice on appropriate application to make. Please note meetings can take please either face-to- face, email, telephone or video call.
    • Providing legal advice on the relevant Immigration Rules and the type of application required to be made. Assessing suitability of that application and any alternative options.
    • Advising in relation to the documents/information required in support of the visa applications.
    • Reviewing and advising on the suitability of documents provided. Advising on any further documentation required for the application.
    • Drafting visa application form(s).
    • Advising on the application process and assisting with filing the application and booking a biometric appointment.
    • Collating supporting documents, preparing the final application and uploading documents to UKVI’s portal.
    • Drafting letter of representation to accompany application.
    • Where necessary, liaising with UK Visas and Immigration and the Home Office after submission of your application.
    • Advising on the outcome of the application, future steps and any conditions attached to your visa.

    Application processing times and procedures are subject UK Visas and Immigration’s service standards. The processing times and procedures will vary depending on the type of application being made. There are also different processing times depending on whether you make your application from within the UK or overseas – there is even the option to pay extra and expedite the consideration process (certain locations and applications only).

    We will inform you of the processing time for each application and whether there is an optional payment available to expedite the application consideration. Please see link to UKVI’s service standards:

    https://www.gov.uk/government/organisations/uk-visas-and- immigration/about-our-services

    Nationality applications can take up to 6 months to be considered by UKVI.

    Immigration: Pricing Information (VAT NOT ADDED)

    Visit Visa Applications £1,500 – £3,500
    Applications under the EU Settlement Scheme £1,500 – £3,500
    Sponsor Licence applications £3,500 – £10,000
    Tier 1 Investor – Extension £8,000 – £20,000
    Tier 1 Investor – ILR £8,000 – £20,000
    Innovator Founder – Stage 1 £6,000 – £13,000
    Innovator Founder – Stage 2 £5,000 – £8,000
    Global Talent – Stage 1 £4,000 – £8,000
    Global Talent – Stage 2 £1,500 – £3,000
    Skilled Worker/Global Business Mobility: Senior or Specialist Worker – (instructed by main applicant and not Sponsor) £1,500 – £3,000
    PBS dependant – not applying with main applicant £1,750 – £3,000
    Temporary Worker – Government Authorised Exchange / Creative and Sporting / Charity Worker £1,500 – £3,500
    Youth Mobility £1,500 – £3,500
    Spouse/Civil Partner/Unmarried Partner  Settlement  – Entry Clearance £3,000 – £6,000
    Spouse/Civil Partner/Unmarried Partner Settlement
    – Further Leave to Remain
    £3,000 – £6,000
    Spouse/Civil Partner/Unmarried Partner Settlement – ILR £3,500 – £6,000
    Child Settlement £2,500 – £5,000
    Elderly Dependants Settlement £6,000 – £8,000
    Global Business Mobility: Expansion Worker £4,000 – £10,000
    Sole Representative – Extension £4,000 – £8,000
    Sole Representative – ILR £5,000 – £8,000
    ECAA Turkish businessperson visa – extension £3,000 – £7,000
    ECAA Turkish businessperson visa – ILR £3,000 – £7,000
    No Time Limit (NTL) £1,000 – £3,000
    Replacement BRP £1,000 – £3,000
    Transfer of Conditions (TOC) £1,000 – £3,000
    ILR (Applying as a Tier 2/Skilled Worker migrant) £2,000 – £4,000
    ILR 10 Year Long Residence £4,000 – £6,000
    UK Ancestry – Initial £2,000 – £5,000
    UK Ancestry – Extension £2,000 – £5,000
    UK Ancestry – ILR £3,000 – £5,000
    Hong Kong British National (Overseas) £3,000 – £6,000
    Graduate Visa £2,000 – £5,000
    High Potential Individual Visa £2,000 – £5,000
    Naturalisation incl passport application £2,000 – £4,000
    Registration MN(1) £2,000 – £4,000
    Appeals £5,000 – £10,000

     

  • Debt recovery pricing (up to the value of £100,000)

    Team

    The Edwin Coe Debt Recovery team has over 50 years’ of collective experience in debt recovery work. The team deals with general debt recovery matters raising from small claims to more complex high value actions in the County Courts.

    Each matter will have a supervising partner although a junior member of staff may well have the day to day conduct of the matter.

    The team comprises:

    David Greene (Head of Department)
    Simon Rayment (Senior Legal Manager)
    Penny Haynes (Litigation Executive)
    First Year Trainee (who will change every six months)
    Second Year Trainee (who will change every six months)

    Costs information

    We do not usually offer fixed fees. However, we will consider flexible or fixed fees in certain circumstances and low value claims (which will exclude disbursements). Our costs are based on the anticipated time the matter will take bearing in mind the hourly rates of the individuals with the level of qualification and experience we believe is necessary to have in order to provide the services required on each matter and work will normally be carried out by the most appropriate member of staff in order to reduce costs as far as possible. Our costs are calculated on the time spent basis in 6 minutes per unit at the hourly rate (exclusive of VAT) of the individual undertaking the work and we will keep a record of time spent on your matter by means of a daily timesheet. As soon as any unexpected event arises, we will advise you that this will incur further costs over and above the fee estimate provided to you. This include for example, the late service of additional witness statement by the other side.

    The hourly rates of our team are:

    David Greene £595.00
    Simon Rayment £275.00
    Penny Haynes £265.00

     
    Our pricing for initial advice, letters before action, commencing or defending claims (up to and including Trial) in relation to debt recovery will fall within the following ranges:

    • Simple case (£500 – £6,000) plus disbursements
    • Medium complexity value (£1,500 – £9,000) plus disbursements
    • High complexity value (£2,500 – £12,000) plus disbursements

    Services provided – key stages

    • Taking initial instructions, review the papers and advising you on the merits and likelihood of recovery (status subject to change throughout the proceedings)
    • Letter Before Action and Pre Action Correspondence
    • Issue Proceedings
    • Review and advising on your claim or response from the other party. Preparation of Defence/Defence and Counterclaim
    • Preparation/attendance on Costs and Case Management Conference
    • Stay of Proceedings to explore mediation/Alternative Dispute Resolution (ADR)
    • Disclosure and Inspection of Documents
    • Preparation and Exchange of Witness Statements
    • Pre-trial review
    • Preparation/attendance on Trial.

    Factors that could make a case more complex and therefore increase costs could include the following:

    • Amending a Claim
    • Dealing with a Defendant outside the Jurisdiction
    • An Application for an Extension of Time for Service outside the Jurisdiction
    • Recovering a debt against a Company which has been removed from the Register of Companies (making an application to restore the company to the register)
    • Request for Further Information
    • Application for specific disclosure
    • Relief from sanctions.
    • Disbursements are costs relating to your matter and are payable to third parties such as court fees and Counsels fees. The amount of disbursements differ on each claim depending on the value of the claim and Counsels fees will differ depending on the nature and complexity of the instructions and the seniority of the Barrister.

    VAT

    The current rate of VAT is 20%. So an hourly rate of £300 plus VAT will mean a charge of £360. VAT rates do vary and we are legally required to charge the applicable VAT at the time the work is undertaken. We will notify you of any changes to the VAT rates.

    How long will my matter take?

    No two actions are the same and timescales can vary significantly. The time that it takes from taking your initial instructions to the final resolution of your matter depends on the stage at which your case is resolved. Once an action is issued, all timescales are dependent upon caseloads, workflow and listing arrangement of individual courts.

    Links to other useful websites

    HMCTS Court Fees – Form EX50

    Conditional fee or damages based agreements Fee

    We do not act on a conditional fee basis i.e. we do not act on a no win no fee basis.

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