witney solicitors

We charge a fixed fee that ranges between £950.00 to £2,300.00 + VAT (at prevailing rate currently at 20%) and disbursements, subject to the value of the transaction.

The exact fee can be found on our full list of fees. 

There are additional costs payable should the property be, for example, a new build or a help to buy and we refer to the full list of fees above that can be downloaded in which we provide further details including likely disbursements.

Within the fixed fee referred to above, the following steps are included in relation to a sale

1.      Obtaining and reviewing the title to the property, to include:

a.      if the property is unregistered carrying out an index map search and preparing an epitome of title.

b.     issuing a sale contract package

2.      Obtaining a sellers management pack if a leasehold property (although if the leasehold or their agents make a charge for supplying the information we will need to ask you to pay this)

3.      Negotiating a transfer document;

4.      Liaising with your mortgage lender in respect of redeeming the mortgage;

5.      Dealing with buyers solicitors enquires

6.      Proceeding to exchange of contracts and then completion of the sale;

7.      Distributing funds received by telegraphic transfer from the buyers solicitors and for the relevant disbursements (eg. payment of estate agents fees, management company fees)

8.      Redeem mortgage, and arrange for payment of sale proceeds if not required for a related purchase property.

9.      Send transfer, deeds and any original documentation to the buyers solicitors.

Within the fixed fee quoted in our list of fees, the following steps are included in relation to a purchase

1.      investigating the title to the property, to include:

a.      carrying out searches with respect to title and local government information for the property;

b.     reviewing replies given by the seller to pre-contract enquiries.

2.      Negotiating a purchase contract.

3.      Negotiating a transfer document.

4.      Advising you in respect of your mortgage offer.

5.      Preparing a report on title.

6.      Proceeding to exchange of contracts and then completion of the purchase.

7.      Transferring funds by telegraphic transfer to the seller’s solicitors and for relevant taxes.

8.      Calculating stamp duty land tax (SDLT) on the purchase and preparing and submitting to HM Revenue & Customs the appropriate SDLT forms; and

9.      Registering the purchase and the mortgage at the Land Registry.

The average time for completing a conveyance transaction is 3-4 months. You will be advised if your transaction is likely to exceed this time estimate and the reasons why. The time frame given above relates to completion of the conveyancing transaction between the parties’ Solicitors only. Completing the registration at the Land Registry is likely to take longer due to a backlog at the Land Registry. Whilst this is beyond the Firm’s control, we will update you regarding the registration once we receive an update from the Land Registry.

The following key stages are likely to apply in a conveyancing transaction

1.      Stage 1

a.      Offer accepted by Seller.

b.     Buyer makes mortgage application.

c.      Buyer and Seller instruct solicitors.

d.     Seller’s solicitors obtain title documents/deeds to the property.

e.      Seller completes Property Information Form and Fittings and Contents List.

f.        Seller’s solicitor requests management information from the freeholder/management company (leasehold only).

2.      STAGE 2

a.      Seller’s solicitor receive title documents/deeds and prepare contract pack to Buyer’s solicitor.

b.     The Buyer’s Solicitor checks documentation and makes enquiries and may include further enquiries from the freeholder/management company (leasehold only).

c.      Searches are applied for by Buyer’s solicitor.

d.     Survey/valuation undertaken on behalf of Buyer / Buyer’s Lender.

3.      STAGE 3

a.      Buyer receives formal mortgage offer from Lender.

b.     Buyer’s solicitor reviews search results and replies to enquiries.

c.      Buyer’s solicitor sends Contract Report to Buyer arranges for buyer to sign contract and pay deposit money.

d.     Seller signs contract.

e.      Date for completion informally agreed between parties.

4.      STAGE 4

a.      Exchange of contracts takes place in which the parties are contractually bound to complete on the agreed completion date.

b.     Buyer implements insurance.

c.      Buyer’s solicitor requests mortgage money from lender in anticipation of completion.

5.      STAGE 5

a.      Completion takes place by the Buyer’s Solicitors sending the completion monies to the Seller’s Solicitors.

b.     Seller vacates the property.

c.      Buyer collects keys to property from Estate Agents (or any other agreed party).

d.     Buyer’s Solicitor pays stamp duty and registers the Buyer as the new owner of the property at the Land Registry.

Remortgage

Our costs for acting in a freehold residential transfer of equity and/or or re-mortgage will range from £500.00 to £1,000.00 + VAT (at the prevailing rate currently at 20%) depending upon whether both apply.

Other disbursements may be applicable such as Land Registry fees or other expenses and we refer to the full list of fees above that can be downloaded.

The average time for completing a transfer / remortgage transaction is 1-2 months. You will be advised if your transaction is likely to exceed this time estimate and the reasons why. The time frame given above relates to completion of the transaction between the parties’ Solicitors only. Completing the registration at the Land Registry is likely to take longer due to a backlog at the Land Registry. Whilst this is beyond the Firm’s control, we will update you regarding the registration once we receive an update from the Land Registry.

The following key stages are likely to apply

1.      Carrying out the pre-completion searches and checks.

2.      Preparing and executing a TR1.

3.      Redeeming your existing mortgage(s), if applicable.

4.      Sending any surplus sums to you, if applicable.

5.      Registering the new owners and/or the new lender’s charge at the Land Registry.

6.      Dealing with various notices, certificate and deed of covenant (leasehold).

£1,500.00 to £2,500.00 + VAT and disbursements, depending upon the value of the transaction, the length of a Lease and specific requirements.

We may be able to finalise all matters for an approximate total cost of £2,000.00 + VAT and disbursements. As members of Resolution, we always encourage parties to settle cases early.

If a swift resolution is not possible despite our best efforts, the costs could range between £5,000.00 to £15,000.00 + VAT and disbursements.

In a complex and high value case, the costs could be between £25,000.00 to £50,000.00 + VAT and disbursements.

We at Francis George, Solicitor-Advocate pride ourselves in providing a cost effective service. The best way to achieve that is by regularly reviewing your costs to ensure that there is always a cost benefit to you and to ensure that measures are in place to keep your costs manageable.

Children cases can range between £5,000.00 to £15,000.00 + VAT and disbursements although, if the parties simply cannot agree matters, the costs can increase up to £25,000.00 + VAT and disbursements.

To ensure that clients have access to sound legal advice when they need it the most, all funding options including a payment plan or a Sears Tooth Agreement, will be explored where appropriate.

Personal Injury Matters, Small Track Claims and/or undisputed Debt Recovery matters for up to £100,000.00 are usually conducted on a Damages Based Agreement. This means that, save for disbursements (explained below), you do not pay us anything unless your claim is successful. Our fee usually ranges between 25% to 33% of the damages recovered inclusive of VAT (at the prevailing rate currently at 20%).

Debt Recovery

In a straight forward and uncontested debt recovery dispute (which is conducted on no win no fee basis), the following steps are likely to apply:-

• Taking instructions and reviewing documentation;

• Undertaking appropriate searches;

• Sending a Letter Before Action;

• Receiving payment and sending the sums to you or.

• If the sums due are not paid, preparing the pleadings, issuing a claim at Court and applying for Default Judgment.

The average turnaround time for the above is 3-6 months unless the debt is disputed in which case, your claim may take longer and the Firm’s hourly rates may apply. Before applying hourly rates, you will be advised about your options so that you can make an informed decision about how you want to progress your matter.  

Disbursements apply and we refer to the information below.

Disputed Claims

For a contested dispute falling within the Fast Track and/or Multi Track, the likely costs can range between £15,000.00 to £25,000.00 + VAT (at the prevailing rate currently at 20%) and disbursements. We will seek to recover most of your costs from the other side if you succeed.

For more complex disputed claims, our fee estimates can range from £50,000.00 to £75,000.00 + VAT (at the prevailing rate currently at 20%) and disbursements depending upon the issues and the complexities of the case.

The usual steps involved in a contested dispute include the following:-

1. Obtain initial instructions;

2. Review documents;

3. Prepare Pre Action Protocol Letters and Letter of Advice;

4. Prepare Pleadings and issue a claim / defence;

5. Attend various Court Hearings such as Case Management Conference, Costs and Case Management Conference, Pre Trial Review Hearings and ancillary preparatory works;

6. Prepare various Court documents such as Directions Questionnaire, draft Directions, Budgets, Precedent R and Pre Trial Hearing Checklist;

7. Comply with Court Directions to include disclosure of documents, witness statements and Schedules of Loss;

8. Identify and instruct Experts and facilitating Experts Reports;

9. Attend Trial.

Employment claims

Employment matters such as a claim for unfair dismissal / redundancy and discrimination are usually conducted on a Damages Based Agreement in which case this Firm’s fee would range between 25% to 33% inclusive of VAT (at the prevailing rate currently at 20%) of the total damages recovered. Those costs are not usually recoverable from the opponent event if you succeed.

Currently there are no fees payable to an Employment Tribunal for issuing a claim however, you may be responsible for other disbursements such as an Expert’s Report as advised below. Typical steps included are as follows:-

1. Obtain initial instructions;

2. Review documents;

3. Prepare initial Letter of Claim and Letter of Advice;

4. Engage in ACAS Mediation

5. Prepare ET1 Claim Form / Grounds of Resistance;

6. Attend various Court Hearings such as Case Management Discussion, Pre Trial Review Hearings and ancillary preparatory works;

7. Prepare various Tribunal documents such as CDM Questionnaire, draft Directions,

8. Comply with Tribunal Directions to include disclosure of documents, witness statements and Schedules of Loss;

9. Identifying and instructing Experts and facilitating Experts Reports;

10. Attending Trial.

A disputed claim at the Employment Tribunal could take 9-15 months before reaching a conclusion unless both parties agree a settlement which is always encouraged by the Firm.

We also advise in relation to Settlement Agreements and our rates range from £250.00 + VAT to £750.00 + VAT (at the prevailing rate currently at 20%) for advising you in relation to the terms of the Settlement Agreement only. It is usual for your employer to make a contribution towards your legal costs and the Firm seeks to advise within 7 days of receiving a draft agreement. If you require us to engage in negotiations then the instructing Solicitor’s hourly rate Is likely to apply

Disbursements

Disbursements can include Court fees which are payable to a Court when a claim is issued. The fees payable to a County Court / High Court do not attract VAT and depend upon the value of the claim. The current Court fees for issuing a claim at Court are as follows:-

• Claims valued up to £10,000.00  - £35.00 to £455.00

• Claims valued at £10,000.00 to £200,000.00 - 5% of the value of the claim

• Claims valued above £200,000.00 - £10,000.00

Other disbursements can include:-

1. Expert fees which can range from £500.00 up to £10,000.00 + VAT depending upon the type of Expert and the nature of their Report.

2. Enforcement costs which can vary from £78.00 to £143.00 and again are payable to the Court.

We often advise companies of all sizes. This can include advising in relation to Company procedures and/or mergers and acquisitions. Our fees can range from £2,500.00 to £15,000.00 + VAT and disbursements, depending on your objectives.

For all companies, we can prepare Shareholders Agreements and advise on company procedures in accordance with the Companies Act 2006. Our fees start from £1,000.00 to £3,000.00 +VAT and disbursements, if the matter involves a high value transaction.

£250.00 + VAT single Will

£400.00 + VAT mirror Wills

£400.00 + VAT per LPA plus disbursements (single person)

£600.00 + VAT if having both Health and Finance LPA plus disbursements (single person)

£600.00 + VAT per LPA plus disbursements (two persons)

£1000.00 + VAT if having both Health and Finance LPA plus disbursements (two persons)

Our Probate matters are usually finalised at a cost of up to £3,000.00 + VAT and disbursements. They are calculated on an hourly rate basis. These rates can be seen on our full list of fees.

In high value estates, the costs could range between £5,000.00 to £15,000.00 + VAT and disbursements.

Probate fees are usually paid directly from the estate. The VAT is based on the prevailing rate currently at 20%.

Every Estate and every Will is different. The exact Probate process can vary depending on the instructions left in the Will and the assets, creditors, and beneficiaries the Estate has.

The basic process for an Executor or Personal Representative of the Estate is:

1. Gather the full details of the Estate’s assets and debts.

2. Apply for Grant of Probate or Letters of Administration.

3. Complete an inheritance tax return and pay any tax due.

4. You receive a Grant of Probate or Letters of Administration.

5. Collect in the deceased’s assets, close any accounts of the deceased’s and sell any properties that the deceased may have owned.

6. To decide whether it is necessary to place a section 27 Notice in the Gazette to notify any other potential creditors that the Estate is to be wound up. The current cost of placing a notice is £408.44 inclusive of VAT.

7. Repay any of the deceased’s outstanding debts.

8. Keep a good record of all assets and liabilities of the Estate including any information relating to income and overpayments of the Estate. These are typically called “Estate Accounts”.

9. Distribute the Estate according to the instructions left in the deceased’s Will.

We will assist you with all of the elements set out above. The majority of Estates can take up to 1 year to administer but this can vary depending on the complexity of the Estate and the assets therein.

Disbursements

Disbursements can include Court fees which are payable upon an application for Grant of Probate or Letters of Administration being made. The costs for those are as follows: -

1. £300 for the Grant of Probate or Letters of Administration.

2. £1.50 for each additional copy of the Grant of Probate or Letters of Administration.

We will advise on a case-by-case basis concerning how many additional copies of the Grant is necessary.

Other disbursements can include: -

1. Land Registry fees for Official Copy Entries of £7.00.

2. Section 27 Notice which costs £408.44 inclusive of VAT.

For the avoidance of any doubt, the disbursements set out above do not attract VAT unless otherwise specified.