Typical costs for fast track?

[mandarin]

I need to get some idea of the possible costs a claimant might be ordered for losing a fast track claim. (assuming the claim is properly brought with reasonable conduct).

I have heard £30K banded about, but how can it be so much?

So far, my understanding is that total costs come in two parts:

1. Pre-trial costs (usually assessed on the spot on the standard basis) and 2. Fixed Trial costs.

I have read that the trial costs are fixed and depend on the claim value, e.g. if the value of the claim is less than £3000, the costs to pay for the other side preparing for and having the actual hearing is exactly £485+VAT. Not too bad so far.

So what about the pre-trial costs?

How many stages are there and what does each typically cost?

So far, I have identified, the defendant must:

1. Prepare and file a defence with particulars and evidence.
2. Fill in a 'directions questionnaire'
3. Possibly prepare for and attend a short allocation hearing.
4. Final hearing. (fixed trial costs)

For each stage 1. 2. and 3. How many hours work do they typically take and how much do they cost? What have I missed?

Are there any other procedures, e.g. orders hearings, directions, etc that typically occur and how much budget should be reserved in-case things are not straightforward?

Any opinions will be very helpful even if you can only give an estimated range.

[ostell]

Re: Typical costs for fast track?

Do you mean a case allocated to Fast track or Small claims? You mention £3,000. That would normally be allocated to small claims track with usually a limited costs basis.

[mandarin]

Re: Typical costs for fast track?

Do you mean a case allocated to Fast track or Small claims? You mention £3,000. That would normally be allocated to small claims track with usually a limited costs basis.

Thanks. There are no proceedings yet. I'd like to have some idea of costs before starting proceedings. Even a rough idea is better than no idea. Once you start, its too late.

£3000 was used as an example from part 26 to show the fixed cost for a low value fast track case.

I was told that the small claims track is normally only for very straightforward claims. The claim is technically complex and I have been advised the fast track is likely despite the low value.

[des8]

Re: Typical costs for fast track?

Preparation costs are limited to "reasonable".
How long is a piece of string?

A very rough idea.
A local solicitor quoted a friend £2,000 to £2500 to prepare a defence in a small claim case, (no court representation).
We drafted and wrote the defence (successfully) in less than a day whilst he continued with his business.

[mandarin]

Re: Typical costs for fast track?

Ok. So a high street solicitor quotes £2500 for reading documents for a small claim and drafting a defence. Typically solicitors charge £200 per hour, so the defence work for your friend's claim was about 12.5 hours, which seems like a lot of time for a small claim. (especially as you did it in less time yourselves). So it may be that a defendant may charge a longer than necessary time also.

So it is likely that a more complex claim with a more complex defence will cost more. Plus the defendant is a big corporation, so they will hire expensive commercial lawyers at £400 per hour.

Am I right that the preparation and filing of the defence is the biggest of the pre-trial costs?

So for item 1. I can guess £2500 as a minimum for their cost of filing a defence. But I guess it could be much more. e.g. 20 hours X £400 = £8000!

[des8]

Re: Typical costs for fast track?

Before you start getting concerned about costs, if you are convinced you have a winnable case, IMO you should lodge a claim.
Although you think it will be allocated to the fast track, you cannot be certain.
Claims under £10000 are now very rarely fast tracked.

We have on LB a very technical claim for just under £10000 made against a high street bank that has been listed on the small claims track.,
Who advised that your claim was likely to go fast track ... solicitor? barrister?

In any case the costs of the winning party are subject to a proportionality test: costs must be reasonable and proportionate taking account of the value and complexity of the claim. So if your claim is for £3000, it would seem unreasonable to pay out £8000 to defend it, no?

[mandarin]

Re: Typical costs for fast track?

Before you start getting concerned about costs, if you are convinced you have a winnable case, IMO you should lodge a claim.
Although you think it will be allocated to the fast track, you cannot be certain.
Claims under £10000 are now very rarely fast tracked.

We have on LB a very technical claim for just under £10000 made against a high street bank that has been listed on the small claims track.,
Who advised that your claim was likely to go fast track ... solicitor? barrister?

In any case the costs of the winning party are subject to a proportionality test: costs must be reasonable and proportionate taking account of the value and complexity of the claim. So if your claim is for £3000, it would seem unreasonable to pay out £8000 to defend it, no?

A barrister said it was a good claim and involves money as well as remedy other than money. He said the this type of claim often ends up fast tracked but if I kept to only the most vital points, it might be a small claim.

"Don't risk more than you can afford to lose".

But I cannot find out how much i'm risking before going ahead.

I hear that costs must be 'proportionate', etc but it does not put a 'figure' in my mind or reassure me that I won't end up on a park bench. Words like 'reasonable' and 'proportionate' make me think, 'how long a piece of string'! If the case is fast tracked, it will be due to complexity rather than value, so I imagine the judge would allow higher costs than normal.

Back to the defence estimate;

A budget lawyer would take a maximum of 2 to 3 hours to read 60 pages, then maybe 2 more hours of pondering. Then 2 hours compose a defence. So we have 6-7 hours work so far = £1400.

Q1. Is there a limit to the hourly rate they can claim?

Q2. Instead of using a normal solicitor, what if they hire a top solicitor who does 2 to 3 hours reading, 2 hours pacing and then refers the matter to junior counsel who does 2 hours reading and 2 hours pacing and then they all get together in a 3 hour conference with a QC before drafting the defence?

suddenly the bill is £8200 = (500X5 +200X4 +500X3 + 600X3 + 200X3 + 500X2).

If a single £200 solicitor could have done it for £1400 but they go overboard and spend £8200 might I still have to pay? They could argue it was too complex for only one lawyer to handle.

[Amethyst]

Re: Typical costs for fast track?

Costs are really tricky to guess at - particularly without knowing anything about the case. It could easily run into a few thousand as you've said and more if the complexity does make it fast or multitrack, I don't think £30k is something you'd need to be concerned with at county court, if it went to appeal or anything though then you could easily be looking at that.



Have you had a formal barristers opinion or just had an informal chat with a barrister ? Have you looked at engaging a solicitor to take the case on for you - on a no win no fee or conditional fee arrangement basis possibly if you have a positive opinion ? Is it simply the mention of fast track that has concerned you ?
What is the non money part of the claim for ?
Is the non money part essential ? ( as that will be what adds to the complexity and increases the costs risk )

[mandarin]

Re: Typical costs for fast track?

Costs are really tricky to guess at - particularly without knowing anything about the case. It could easily run into a few thousand as you've said and more if the complexity does make it fast or multitrack, I don't think £30k is something you'd need to be concerned with at county court, if it went to appeal or anything though then you could easily be looking at that.



Have you had a formal barristers opinion or just had an informal chat with a barrister ? Have you looked at engaging a solicitor to take the case on for you - on a no win no fee or conditional fee arrangement basis possibly if you have a positive opinion ? Is it simply the mention of fast track that has concerned you ?
What is the non money part of the claim for ?
Is the non money part essential ? ( as that will be what adds to the complexity and increases the costs risk )

I must be careful not to reveal specific details of the case in public, so it will be hard for you to guess costs. It is a CCA claim for money plus other remedy. There will be one defendant and no witnesses or experts.

Alternatively I could make a strong and simple money claim in the small claims court but it will not get the remedy I am seeking nor provide enough pressure to settle the non-money grievances. A stalemate would be better than nothing.

I could withstand a few grand if that's all on the fast track. I do not want to do a 'Mitchell'.

The defendant is unlikely to accept losing so it could well go further.

Creating conditions to negotiate a settlement is my goal.

I have had several thorough opinions from barristers. The problem I am having is finding a good solicitor who does no win no fee for CCA issues. 99% of CCA lawyers work for creditors. No win no fee firms seem to only do simple accident or PPI type claims but not anything different.

The problem is the money part is the small issue and the non-money part is the bigger issue. I cannot pay ATE or success fee with 'non-money'.

Please PM me if you know of a CCA solicitor I could try for NWNF..

Back to the cost guessing,

Is the defence the lions share? What proportion does each stage have e.g. Defence 60% Allocation 20% Faffing, etc 20% are there other costly procedures that would take a slice?

[Amethyst]

Re: Typical costs for fast track?

If it is CCA you could try Paul Tilley at Howlett Clarke in Brighton. [MENTION=551]pt2537[/MENTION] If he can't help with your case then he would have a better idea on expected costs risks than I do.

Is the non monetary part credit file related?

I have had several thorough opinions from barristers.

That's great. Can I ask how much that cost you? Was it on a direct access basis ?