Dispute Resolution

Joss Legal Solutions Limited is authorised and regulated by the Solicitors Regulation Authority (SRA No. 629636) Registered number: 09721720. Office address: 445 Fair Oak Road, Fair Oak, Eastleigh, Hampshire, SO50 7AJ

Dispute Resolution

We charge on a time spent basis for litigious matters at our hourly rate of £195.00 plus VAT plus disbursements. When you initially instruct us we shall give you an time estimate for reviewing the paperwork/evidence which you have available and initially agree a fixed fee with you for the initial advice regarding your available options. For example we may advise that we will need three hours to review the paperwork and that if the matter warrants a letter before action in accordance with the Pre-action Protocols we will charge an additional fixed fee for the letter which is typically £215.00 plus VAT.

If the matter progresses to court we shall charge on a time spent basis and you will be responsible for any associated disbursements.

Small Claims Track of the County Court

The Small Claims Track of the County Court is designed to enable individuals (or litigants) to represent themselves without the need to instruct solicitors and incur costs.

Small Claims Track Trials are informal hearings where each party sets out his/her case and a Judge decides the outcome bearing in mind the relevant law and facts of each case based on the information before the Court. It is therefore important that a case is presented well so that the Judge can make a fair decision. For that reason, although the Small Claims Track process is aimed at those who can represent themselves, a solicitor can help present your case in the best possible light which may increase your prospects of success.

Cases vary significantly in the amount of work that needs to be done to present them effectively. The amount of work is influenced by the complexity of the facts and law, the extent the key facts are in dispute, the volume of evidence needed to support a case and the conduct of your opponent. For many reasons, therefore, litigants often benefit from legal representation, thought it is often difficult to asses the level of fees which would be incurred at the outset. This inevitably leads to uncertainty for those wishing to instruct solicitors to assist them. Our Fixed Fee structure is designed to provide clarity in relation to court costs during each stage of the Court proceedings.

The nature of the Small Claims Track is that a party’s legal costs are not usually recoverable, win or lose, save for nominal levels of fixed costs. These rules are in place to encourage parties to seek justice without the risk of having to pay their opponent’s potentially significant costs.

The drawbacks of this are:

Solicitor’s cost incurred in pursing or defending a claim may outweigh any benefit
Parties may be disadvantaged by not seeking legal advice, especially if they have little or no previous experience of the court process
Although the sum in dispute may be modest, the issue of fact and law may be complex
Court proceedings can be stressful and time consuming.

Potential costs

Initial Instruction estimate as to how long it will take to review and charged at £195.00 plus VAT. In all cases, at the point of instructing us, we will charge you a flat fee (based on time estimate) to review the relevant paperwork, discuss the matter with you and provide general advice. This may be in the form of a meeting with you, considering document sent to us or discussions on the telephone, limited to a maximum of one hour.

Pre-Action Fixed Cost
A) Pre-action Protocol Letter of Claim (Claimant) £215.00 plus VAT
B) Response to Pre-action Protocol Letter of Claim (Defendant) £215.00 plus VAT

Statement of Case Fixed Cost
C) Assisting in the preparation of Claim Form and Particulars of Claim (Claimant), We will charge you on a time spent basis at our hourly rate of £195.00 plus VAT.
D) Assisting in the preparation of Defence (Defendant) £200.00 plus VAT. We will charge you on a time spent basis at our hourly rate of £195.00 plus VAT
E) Assisting in the preparation of Defence and Counterclaim (Defendant). We will charge you on a time spent basis at our hourly rate of £195.00 plus VAT
F) Advice on merits Claim/Defence including review of paperwork. We will charge you on a time spent basis at our hourly rate of £195.00 plus VAT

Evidence Fixed Cost
G) Assisting in the preparation of Directions Questionnaire £75.00 plus VAT. We will charge you on a time spent basis at our hourly rate of £195.00 plus VAT
H) Assisting in the preparation of Witness Statement. We will charge you on a time spent basis at our hourly rate of £195.00 plus VAT
I) Review documents and general advice on evidence, We will charge you on a time spent basis at our hourly rate of £195.00 plus VAT

Trial Fixed Cost
J) General advice on Trial preparation if representing yourself £200.00 plus VAT
K) Representation at Trial Subject to quotation
L) Instruction of Agent/Barrister £100.00 plus VAT
M) Agent/Barrister representation at Trial Subject to quotation