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Debt Recovery

Court proceedings to recover debts for business clients often get no further than the filing of a defence.  However, a defended claim can go to trial, and the key stages that far are set out below. If you require help with recovering your debt or find yourself in need of a dispute resolution solicitor, contact Guillaumes LLP today.

 

In the period April 2017 to March 2018 the average costs and disbursements in debt recovery matters we have undertaken were:

 

Profit Costs:                                        £360.78

Vat on Profit Costs:                            £  72.09

Court Fees:                                        £105.57

Counsel’s Fees:                                 £  63.38

Vat on Counsel’s Fees:                      £  15.86

Disbursements inc. Vat:                     £  19.30

Total:                                                 £636.97

 

 

Litigation key stages are as follows:

 

1.         Letter of Claim

 

2.         Issue of Proceedings - 30 to 60 days after letter of claim depending on response received

 

3.         Default Judgment if no Defence is filed and served - 14 days after service of the proceedings

 

4.         Defence and Counterclaim - up to 56 days after service of proceedings

 

5.         Reply to Defence and Defence to Counterclaim - 14 days after service of Defence and Counterclaim unless otherwise agreed between the parties

 

6.         Directions Questionnaires – in accordance with the Court’s direction

 

7.         Costs and Case Management Conference and Directions - in accordance with the Court’s availability to list the hearing

 

8.         Disclosure - in the region of 28 days after the Costs and Case Management Conference but timing depends on the complexity of any matter and the extent of any anticipated disclosure

 

9.         Exchange of Expert Reports - by a date with which the experts can comply

 

10.       Witness Statements - in the region of 56 days after completion of the disclosure exercise

 

11.       Trial Preparation - in the 28 days immediately before trial

 

12.       Trial and Judgment - date for trial is subject to (i) the Court’s availability and (ii) the availability of the parties and their professional advisors

 

 

Note:  the Court fee on the issue of the claim depends on the sum claimed.  The fee will be between £35 and £10,000.