Cost estimate pls - I've been doing arbitration and non-contentious stuff for years now and I'm out of date.
£700k commercial dispute in the High Court about unpaid fees and loans. 2-4 witnesses. Not document heavy, no experts (probably) needed, no jurisdiction issues. Somewhat contentious family dispute, and not much in the way of written contracts so likely to be a lot of arguing in witness statements about oral agreements etc. Let's assume for now there will be no application for summary judgment or counterclaim etc.
What's a decent ballpark figure for total legal costs for the Claimant, including counsel? 150-200k? About 40% of that being for a decent senior junior to be involved throughout?
Or am I way off?
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I'd say that is probably about right. Plus the same again in adverse costs if you crash and burn...
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if you're talking about a 3 day trial I'd say £250-300k
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The £250k sounds more like it to me
You should probably settle along the way though
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and if you ever need a mediator you can use me...🙂
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Thanks all. I had thought probably two days but I’ll bump it up to 3 days and 250k.
Sorry - the client just asked me about mediation so you never know!
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Well in all seriousness, if you ever want to you can message me at mhresolution.co.uk. No obligation obvs, and always happy to talk it over or, if I'm not suitable, recommend someone else.
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Thank you - I will look
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No such domain?
And MHmediation.com seems to be a mediation service in the Hudson Valley, New York?
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Sorry don’t have a website but you can email [email protected]
Missed off the “mike” before 😱
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Jesus what kind of justice system do we have where it costs 350k to bring a claim for a straightforward dispute about 700 k of unpaid fees and loans.
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I have a very effective silver Binary Outcome Machine that I am willing to operate for £5,000 per party. Immediate decisions guaranteed.
Email me for more details at [email protected]
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What a joke - £250k costs on a £700k claim.
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I agree, in principle, but it is because of the type of dispute. You can have, and I have acted on, disputes worth $50m plus which can be resolved in half a day at much lower expense because they relate to the meaning of a document. The difficulty here is that the case turns on disputes of fact which will need to be considered after oral evidence, which inevitably takes more time and money.
There are definitely ways we could reduce the costs of litigation - primarily by reducing case management bureaucracy like disclosure schedules and costs budgets, returning procedure to the legal parties (they have to agree directions and a case management hearing is only heard if they can't), and simplifying witness/expert evidence rules. Basically we need to undo many of the judge led reforms of the last 25 years. I recognise that in this view I am swimming against the tide.
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Yeah its crazy, I think most claims need to be £1m+ to make them economical to run, assuming you have the liquidity to do it.
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Heff, how can pretty much everyone who litigates see this, but the people making the rules appear to be oblivious?
I took my Bar exams the year the CPR was introduced. I remember clearly the (laudable) aim of the exercise - one simplified set of rules for all. What a mess it has become.
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more than £1m
more like £10m plus
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Erm, you're darkening the High Ct with a £700k quantum claim?
Medi8 m8
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I am not prepared to advise you as to the likely level of your client's costs. This is clearly a matter for your client alone.
However my client has asked me to set out, for the record, that they are surprised and outraged by your client's conduct in this matter which thy consider is astonishing in the light of CPR45.111(b)(i)(I)(1)(A), a provision with which your clients do not appear to be familiar.
In the light of the above and in the premises, and without prejudice to the generality of the foregoing, my client's rights are fully reserved including, if so advised, to draw this matter to the attention of the Court in relation to costs. I am specifically instructed to note that in certain circumstances my client will be entitled to its costs on a full indemnity basis.
I trust that settles the matter and look forward to receiving your signed undertaking to that effect, in the form attached, BY RETURN AND IN ANY EVENT NOT LATER THAN 5pm TODAY. Failing which my client reserves its rights to reserve its rights again but this time even more roughly and possibly from behind.
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Heh@LawPerson
JC - Mediation is a possibility but (as noted earlier in the thread) and I am discussing with client but its siblings who have fallen out and I’m not sure how effective mediation is when emotions running high
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siblings have fallen out? run for the hills - no law or mediation can induce even a win win compromise when all rationality, proportionality, and compassion have left the building. often the parties in sibling disputes would prefer to see the assets and all the money burnt to cinders than to concede an inch.
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I think that's completely pre-judigng the situation. Mediation - where the parties have a chance to agree a settlement and move on - is exactly the route to go down rather than spend a fortune gearing up to tear each other apart in a witness box. Mediation is great for getting the emotions on the table and then parking it to try and get things resolved.
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