Commercial Litigation

Commercial Litigation

At John Poyser, we are able to offer both commercial litigation services and general commercial advice. Our dedicated department has over 34 years experience and the head of the department was originally trained by one of the most outstanding commercial law practices in Manchester. Today our commercial litigation department is able to provide excellent service to our clients and we can guarantee the very best advice in the area of business law.

Our solicitors can help you in understanding the options before you in any commercial litigation situation. John Poyser Solicitors also provides Commercial Conveyancing in Manchester. We will work with you to agree on the very best strategy to deal with disputes and outline the costs and risks that any litigation process can bring.

As a department, we are also able to provide mediation to settle disputes. Mediation can be a better route for many disputes as it is cheaper and quicker than court action and is a less confrontational procedure. For many businesses, this action may be able to save faltering business and rescue toxic business relationships.

There a number of areas within commercial litigation that our solicitors will be able to help you:

1. Contract disputes

2. Corporate shareholders disputes

3. Injunctions

4. LLP and partnership disputes

5. Real estate litigation

6. Estate inheritance disputes

7. Debt Recovery

If you’re involved in running a business, you know it takes time to get paid by your customers. It could be weeks or even months, and unfortunately, sometimes not at all.
Many businesses don’t have the luxury of employing a team to manage the recover of debt. Often it’s the case that most companies simply chase and hope for the best.
We can manage this infuriating process for you and deal with the thorny issue of late customer payment, as well as recovering outstanding debts when customers have taken far too long to pay.

How we can help

There are several options available when dealing with a recovery situation, whether this is through the issuing of letters or making phone calls on specific matters.
Should our initial work still not result in payment, our team can issue court proceedings and obtain payment through more assertive legal means if necessary.

Our prices and costs explained

These costs apply where your claim is in relation to an unpaid invoice which is not disputed and enforcement action is not needed. If the other party disputes your claim at any point, we will discuss any further work required and provide you with revised advice about costs if necessary, which could be on a fixed fee (e.g. if a one off letter is required), or an hourly rate if more extensive work is needed.

Pre issue correspondence and chasing call: £217.00 plus VAT of £43.40 totalling £260.40 to £325.50 plus VAT of £65.10 totalling £390.60.

Issue of a county Court claim where the claim form is served by the court or by any method other than personal service by the claimant:-

1. exceeds £25 but does not exceed £500 – £50
2. exceeds £500 but does not exceed £1,000 – £70
3. exceeds £1,000 but does not exceed £5,000 – £80
4. exceeds £5,000 – £100

Issue of a county Court claim where the claim form is served personally by the claimant and there is only one defendant:-

1. exceeds £25 but does not exceed £500 – £60
2. exceeds £500 but does not exceed £1,000 – £80
3. exceeds £1,000 but does not exceed £5,000 – £90
4. exceeds £5,000 – £110

Issue of a county Court claim where there is more than one defendant, for each additional defendant personally served at separate addresses by the claimant:-

1. exceeds £25 but does not exceed £500 – £15
2. exceeds £500 but does not exceed £1,000 – £15
3. exceeds £1,000 but does not exceed £5,000 – £15
4. exceeds £5,000 – £15

Entering Judgment:

Fixed Solicitors costs recoverable on entry of Judgment where the sum claimed:

Exceeds £25 but does not exceed £5,000
1. Judgement in default of an acknowledgement of service – £22
2. Judgement in default of a defence – £25
3. Judgement (on admission) part of the claim and claimant accepts proposal as to manner of payment – £40
4. Judgement (on admission) and Court decides the date or times of payment – £55
5. Summary judgement is given or the court strikes out a defence (on application by a party) – £175
6. Judgement on a claim for delivery of goods under a regulated agreement – £60

Exceeds £5,000
1. Judgement in default of an acknowledgement of service – £30
2. Judgement in default of a defence – £35
3. Judgement (on admission) part of the claim and claimant accepts proposal as to manner of payment – £55
4. Judgement (on admission) and Court decides the date or times of payment – £70
5. Summary judgement is given or the court strikes out a defence (on application by a party) – £210
6. Judgement on a claim for delivery of goods under a regulated agreement – £85

Court Fees on starting proceedings to recover a sum of money where the sum claimed—

1. does not exceed £300 – £35
2. exceeds £300.00 but does not exceed £500 – £50
3. exceeds £500.00 but does not exceed £1,000 – £70
4. exceeds £1,000.00 but does not exceed £1,500 – £80
5. exceeds £1,500.00 but does not exceed £3,000 – £115
6. exceeds £3,000.00 but does not exceed £5,000 – £205
7. exceeds £5,000 but does not exceed £10,000 – £455
8. exceeds £10,000.00 but does not exceed £200,000 – 5% of the value of the claim
9. exceeds £200,000.00 – £10,000.

Anyone wishing to proceed with a claim should 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 fee includes:

• Taking your instructions and reviewing documentation
• Undertaking appropriate searches
• Sending a letter before action
• Receiving payment and sending onto you, or if the debt is not paid, drafting and issuing claim
• Where no Acknowledgment of Service or Defence is received, applying to the court to enter Judgment in default
• When Judgment in default in received, write to the other side to request payment
• If payment is not received within 14 days, providing you with advice on next steps and likely costs

Matters usually take 2 to 8 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.
Need expert advice? Let us help

If you would like further information on how our Debt Recovery service can help your business, contact John Poyser.

For any further information on how we can help you, please contact us.

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How We Can Help You

Here at John Poyser Solicitors, we pride ourselves on the experience and expertise our dedicated solicitors have amassed over the years. We always strive to achieve the very best results for our clients and will go the extra mile to do so.