Archives
Construction
Overview
Our lawyers have considerable experience of advising public and private sector clients on a wide range of contentious and non-contentious construction and engineering matters. Our experience includes advising central and local government, employers, developers, contractors, insurers, housing associations, specialist subcontractors, consultants, financial institutions and renewables (wind farms).
We provide clear practical commercial advice on all aspects of the development process including, where necessary, dispute management and resolution. We also advise on aspects such as facilities management and maintenance of existing buildings and property.
Work encompasses
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Non-contentious:
- Procurement strategy
- Advice on forms of building contract (standard and bespoke)
- Professional appointments
- Collateral warranties
- Novation
- Performance bonds
- Parent company guarantees
- Partnering / Frameworks
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Contentious:
- Dispute management and resolution
- Litigation (Technology and Construction Court)
- Arbitration
- Mediation
- Adjudication
- Expert determination
Charity & Not-for-Profit Organisations
Overview
Our specialist lawyers, some of whom are also members of the Society of Trust and Estate Practitioners (STEP) are able to provide a highly efficient and comprehensive service using skills from across the range of the firm’s practice areas.
Many of our lawyers are themselves charity trustees, giving them insight into the concerns, governance and aspirations of charities and the needs of the local community. We have particular experience of charities operating in the fields of education, young people, drug and prison rehabilitation, religious affairs and the elderly.
Work encompasses
- Not-for-profit organisations at every stage of their development.
- Philanthropy & charitable giving to enable clients to contribute as tax efficiently as possible in their own lifetime and beyond, whether by supporting existing charities or by establishing their own charitable trust
- On-going advice in relation to governance, grant making and other legal issues
Agriculture
Overview
The vale of Wrington has been fertile agricultural country for many centuries. We have acted for farmers and landowners for most of the last century, if not for longer. Francis Montagu is a member of the Agricultural Law Association. He has spoken at national and local seminars on agricultural matters. Farming is a changing world. We strive to combine our historic connections with up to date advice. In addition, the firm also has an expertise in the complex area of adverse possession of land. An article on this subject by the firm has appeared on the Times Law page.
Work encompasses
- Sales and acquisitions of land
- Farm Business Tenancies
- Agricultural Holdings Act tenancies
- Adverse possession
- Option agreements and overage
- Single Farm Payment
- Succession Planning with particular reference to Agricultural Property relief
Employment
Overview
Employment law can be complex and is often a minefield for businesses to navigate safely. If you own and / or manage a business, we can assist you with any matters which may arise as a result of you employing people within your organisation.
For several decades, we have acted for a wide and varied class of business in relation to all aspects of employment law. Our lawyers provide an efficient and cost-effective service on a wide variety of contentious and non-contentious employment matters.
We provide practical and commercial advice and we are experienced in complex employment claims. Our lawyers have experience in handling cases before the Employment Tribunal, Appeals Tribunal, COurt of Appeal and even the Supreme Court.
We routinely advise on the sale and purchase of businesses and TUPE implications.
Work encompasses
- Breach of employment contract
- Unfair and wrongful dismissals
- Advice on settlement/severance agreements
- Maternity and other family friendly rights
- Redundancy issues
- Discrimination on the grounds of sex, race, age or disability
- Compliance with statutory grievance and disciplinary procedures
- Drafting and negotiating contracts of employment
- Restraint of trade
- Employment Tribunal proceedings
- TUPE
Our Charges:
The Solicitors Regulation Authority recently required all law firms to provide some guidance on our website about the firm’s charges when acting for employers and employees in relation to Employment Tribunal claims.In keeping with most law firms which specialise in this area of work, we do not offer a fixed fee agreement for acting for employers and employees in pursuing or defending claims in the Employment Tribunal.
Our charges for bringing and defending claims for unfair or wrongful dismissal very much depend on numerous factors to include: the complexity of the case, the value of the claim, the number of parties / witnesses and the nature of the factual dispute.
At the outset of our instructions we shall provide you with details of the hourly rates charged by our specialist lawyers which we believe to be competitive to firms with equivalent expertise. We will provide tailored costs estimates when we are in a position to properly understand the nature of our case and the work which will be required. We will review costs on an interim basis and provide updated or revised costs estimates as and when the nature of the case requires it.
As a very basic guide and without having any prior information relating to your particular circumstances, we can only provide here a broad range of likely costs and charges so as to satisfy the requirements of the Solicitors Regulation Authority and having regard to our experience of dealing with these matters.
Outline Charges
| Simple case | £750 to £15,000 (excluding VAT) |
| Medium complexity case | £5,000 to £20,000 (excluding VAT) |
| High complexity case | £15,000 to £75,000 (excluding VAT) |
Factors that could make a case more complex:
- If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim
- Defending claims that are brought by litigants in person
- Making or defending a costs application
- Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties) or arguments relating to the identity of the employer
- The number of witnesses and documents
- If it is an automatic unfair dismissal claim e.g. if you are dismissed after blowing the whistle on your employer
- Allegations of discrimination which are linked to the dismissal
There will be an additional charge for attending a Tribunal Hearing based on the solicitor’s hourly rate which will be notified to you at the outset of your instructions. Usually, our charges for a full day’s attendance at the Tribunal will be £1,250 to £2,500 plus VAT depending on the nature of the case and the experience of the solicitor attending.
Generally, we would allow 1 to 7 days depending on the complexity of your case.
Disbursements
Disbursements are costs related to your matter that are payable to third parties, such as court fees and counsel’s fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.
Counsel's fees are estimated at between £750 plus VAT to £3,000 plus VAT per day (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation).
Key Stages
The charges set out above cover all of the work in relation to the following key stages of a claim:
- Taking your initial instructions, reviewing the papers and advising you on merits and likely compensation (this is likely to be revisited throughout the matter and subject to change)
- Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached
- Preparing claim or response
- Reviewing and advising on claim or response from other party
- Exploring settlement and negotiating settlement throughout the process
- Preparing or considering a schedule of loss
- Preparing for (and attending) a Preliminary Hearing
- Exchanging documents with the other party and agreeing a bundle of documents
- Taking witness statements, drafting statements and agreeing their content with witnesses
- Preparing bundle of documents
- Reviewing and advising on the other party's witness statements
- Agreeing a list of issues, a chronology and/or cast list
- Preparation and attendance at Final Hearing, including instructions to Counsel
- The stages set out above are an indication and if some of stages above are not required, the fee will be reduced.
You may wish to handle the claim yourself and only have our advice in relation to some of the stages. This can also be arranged on your individual needs.
How long will my matter take?
The time that it takes from taking your initial instructions to the final resolution of your matter depends largely on the stage at which your case is resolved. If a settlement is reached during pre-claim conciliation, your case is likely to take 2 to 4 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 12 to 36 weeks. This is just an estimate and we will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.