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.

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

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.

Matrimonial

Overview

The breakdown of a marriage or relationship can be a time of enormous distress. It also brings with it important and often complex legal issues relating to finance and property, especially where family businesses, farms and companies are involved. The firm has an established reputation for dealing with these matters for high net worth individuals.

The practice of family law, and in particular the negotiation of settlements relating to complex financial structures, inevitably touches other disciplines. We act for private clients, many of whom use us for business services, in relation to financial proceedings arising out of divorce or relationship breakdown. Our practice emphasises heavily on complex and/or substantial assets cases and those involving family businesses.

We also provide advice and draft Pre-Nuptial and Post-Nuptial Agreements as well as Separation Agreements for both married and cohabiting couples.

We act in relationship breakdown matters and Trusts of Land and Appointment of Trustees Act 1996 claims, again with emphasis on complex, substantial asset cases. When the need arises our family lawyers work closely with those in the firm who specialise in trusts, tax, property and commercial work.

Wills, Trusts and Probate

Overview

Our specialist lawyers, who are also members of the Society of Trust and Estate Practitioners (STEP) are able to provide a highly efficient and comprehensive service. We work with a broad range of clients, including professional and individual trustees, executors and administrators and beneficiaries (both individuals and charities). The administration of Estates and Trusts, frequently with assets running into many millions of pounds and including those involving family businesses, farms and investment portfolios, is routinely undertaken. We also work closely with local lawyers in other jurisdictions to provide a comprehensive service to our clients.

We are one of the few firms in the South West region able to offer first class support and advice where there is a need to resolve issues in a contested estate or disputed trust, combining our detailed knowledge of succession law, equitable principles litigation and negotiation skills.

Work encompasses

Will drafting
Tax planning – encompassing agricultural and business property
Probate and succession – to include intestacy
Creating, administering, restructuring and terminating trusts
Guidance on the duties, rights and obligations of trustees, executors and beneficiaries

Post death tax planning strategies
Lasting Powers of Attorney – both for Property and Affairs and Personal Welfare
Incapacity/Court of Protection
Co-habitation and pre-nuptial agreements
Cross border issues with particular reference to the USA

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 executors and administrators who wish to instruct a solicitor to advise and assist them in relation to the administration of a deceased’s estate.In keeping with most law firms which specialise in this area of work, we do not offer a fixed fee agreement for acting for executors. We will charge on an hourly rate basis but by reference to estimates that we will agree with you at the outset of our being instructed. Our charges will depend on numerous factors to include: the complexity of the estate, the value of the estate, the number of beneficiaries and whether or not the estate is subject to Inheritance Tax.

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 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.

Applying for the grant, collecting and distributing the assets

We anticipate this will take between 10 and 400 hours work at £185 per hour. However, this is an estimated time frame and some estates may take longer depending upon the variables of the estate as explained above.Our total charges are estimated at between £2,000 to £75,000 plus VAT plus disbursements. Our exact charges will depend on the individual circumstances of the matter as set out below. If however there are multiple beneficiaries, a property and multiple bank accounts, our charges will be at the higher end.We will handle the full process for you. Our charges are likely to be less where:

There is a valid will
There is no more than one property
There are no more than 6 bank or building society accounts
There are no other intangible assets
There are 1 to 4 beneficiaries
There are no disputes between beneficiaries on division of assets. If disputes arise this is likely to lead to an increase in our charges
There is no inheritance tax payable and the executors do not need to submit a full account to HMRC
There are no claims made against the estate

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. Payment of the disbursements is settled from the estate.Usually, you can expect to pay the following disbursements:

Probate Application fee	£155
Swearing of the oath fee	£7 (per executor)
Bankruptcy only Land Charges Department searches fee	£2 (per beneficiary)
Fee for the Notice of Death in The London Gazette and another local newspaper of between	£200 to £220

Potential additional costs

If there is no will or the estate consists of any share holdings (stocks and bonds) there are likely to be additional costs and charges that could range significantly depending on the estate and how it is to be dealt with. We can give you a more accurate quote once we have more information.If any additional copies of the grant are required, they cost 50p per copy (1 copy per asset usually).Dealing with the sale or transfer of any property in the estate will be dealt with by the firm’s Conveyancing Department and charged separately. Our conveyancing charges are not included in the probate charges.

How long will my matter take?

On average, estates are usually dealt with within 6 to 12 months. However, some estates may take longer depending upon the variables of the estate as explained above. Typically, obtaining the grant of probate takes between 4 to 12 weeks. Collecting assets then follows, which can take between 2 to 4 weeks. Once this has been done and all other work in the estate has been finalised, we can then distribute the assets, which normally takes between 2 to 4 weeks. However, these are only estimated time frames and will be subject to the variables of the estate as explained above.

Residential Conveyancing

Overview

The firm’s aim is to provide a personal, thorough and efficient service for all sales and purchases, handled by experienced qualified lawyers.

We have particular expertise in house sales and purchases, acquisition of residential sites and their subsequent development and disposal, including the eventual disposal of the freehold reversion and leasehold property matters which includes the acquisition of the freehold or extended leases under complex statutory procedures – which become all the more relevant as many leaseholders with ‘old’ leases face the problem of a ‘wasting asset’.

Bennetts is also a member of the Law Society’s Conveyancing Quality Scheme (CQS) which provides a recognised quality standard for residential conveyancing practices.

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 people who wish to instruct a solicitor to advise and assist them in relation to their residential property needs.

In keeping with most law firms which specialise in this area of work, we will agree our charges with you at the outset of our being instructed. Our charges will depend on numerous factors set out below.

At the outset of our instructions we shall provide you with tailored costs estimate when we are in a position to properly understand the nature of the transaction and the work which will be required. These costs estimates will be set out comprehensively in our letter of engagement should you choose to instruct us.

We will also provide you with details of the hourly rates charged by our specialist lawyers and we will make a charge based on our time spent in the event that the purchase is aborted.

We do not pay referral fees to estate agents or any other third parties.

Sale

Our charges cover all of the work* required to complete the sale of your property, including dealing with the redemption of any mortgage.

Freehold Residential Property

Our charges and disbursements

Charges of £500 to £5,000 depending upon the value of the property
Electronic money transfer fee £50
VAT is payable on the above at the current rates

Leasehold Residential Property

Our fees and disbursements

Charges of £600 to £5,000 depending upon the value of the property
Electronic money transfer fee £50
VAT is payable on the above at the current rates

Disbursements

HM Land Registry fees typically £20 - £40
There may be additional fees payable to the Landlord’s Agents in providing information and documentation relating to the Management of the property. The charges can be between £150 - £500. We will advise you of these should they arise.

Disbursements are costs related to your matter that are payable to third parties, such as Land Registry fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

Stages of the process

The precise stages involved in the sale of a residential property vary according to the circumstances. However, below we set out the usual steps in a transaction:

Take your instructions and give you initial advice
Prepare and issue contract papers
Deal with enquiries of buyer’s solicitor
Send final documentation to you for signature
Agree a completion date (date from which you will no longer own the property)
Exchange contracts and notify you that this has happened
Arrange for redemption of any mortgage and other payments
Complete the sale

How long will my house sale take?

How long it will take from an offer being accepted until completion will depend on a number of factors. The average process takes between 6 – 8 weeks for freehold and 8 – 12 weeks for leasehold. It can be quicker or slower, depending on the parties in the chain and the type(s) of property involved.

Purchase

Our charges cover all of the work* required to complete the purchase of your new home, including dealing with registration at the Land Registry and dealing with the payment of Stamp Duty Land Tax (Stamp Duty) if the property is in England, or Land Transaction Tax (Land Tax) if the property you wish to buy is in Wales.

Freehold Residential Property

Our charges and disbursements

Charges of £500 to £5,000 depending upon the value of the property
Electronic money transfer fee £50
VAT is payable on the above at the current rates

Leasehold Residential Property

Our fees and disbursements

Charges of £600 to £5,000 depending upon the value of the property
Electronic money transfer fee £50
VAT is payable on the above at the current rates

Disbursements

Search fees are typically £350
HM Land Registry registration fee £20 to £910 (set by Land Registry based on the value of the property)

Anticipated Disbursements**

Notice of Transfer fee – this fee, if chargeable, is set by the freeholder / Management Company. The fee is often between £20- £300
Notice of Charge fee (if the property is to be mortgaged) – This fee, if chargeable, is set by the freeholder / Management Company. The fee is often between £20 - £300
Deed of Covenant fee – This fee is charged by the management company for the property and can be difficult to estimate. Often it is between £50 - £300
Certificate of Compliance fee - To be confirmed upon receipt of the lease, as can range between £50 – £200

** These fees vary from property to property and can on occasion be significantly more than the ranges given above. We can give you an accurate figure once we have sight of your specific documents.

You should also be aware that ground rent and service charge are likely to apply throughout your ownership of the property. We will confirm the ground rent and the anticipated service charge as soon as this we receive this information.

Disbursements are costs related to your matter that are payable to third parties, such as search fees. We handle the payment of the disbursements on your behalf to ensure a smoother process. There are certain disbursements which will be set out in the individual lease relating to the Property. The disbursements which we anticipate will apply are set out separately below. This list is not exhaustive and other disbursements may apply depending on the term of the lease. We will update you on the specific fees upon receipt and review of the lease from the seller's solicitors.

Stamp Duty or Land Tax

This depends on the purchase price of your property. You can calculate the amount you will need to pay by using HMRC's website or if the property is located in Wales by using the Welsh Revenue Authority's website. We are not tax advisers and we do not profess to have expertise in the calculation of taxation which should be done by specialist accountants. For simple transactions we can inform you of the calculations we obtain using the HMRC / Welsh Revenue website but clients must satisfy themselves that their tax liability is properly calculated relying on professional advice if necessary. In complex cases we are able to recommend professionals who can assist you.

Stages of the process

The precise stages involved in the purchase of a residential property vary according to the circumstances. However, below we set out the usual steps in a transaction:

Take your instructions and give you initial advice
Check finances are in place to fund purchase and contact lender's solicitors if needed
Receive and advise on contract documents
Carry out searches
Obtain further planning documentation if required
Make any necessary enquiries of seller's solicitor
Give you advice on all documents and information received
Go through conditions of mortgage offer
Send final documentation to you for signature
Draft Transfer
Advise you on joint ownership
Obtain pre-completion searches
Agree a completion date (date from which you own the property)
Exchange contracts and notify you that this has happened
Arrange for all monies needed to be received from the lender and you
Complete the purchase
Deal with payment of Stamp Duty/Land Tax
Deal with application for registration at Land Registry

How long will my house purchase take?

How long it will take from your offer being accepted until you can move in to your house will depend on a number of factors. The average process takes between 6 – 8 weeks.

It can be quicker or slower, depending on the parties in the chain. For example, if you are a first time buyer with a mortgage in principle, it could take 8 weeks. However, if you are buying a leasehold property that requires an extension of the lease, this can take significantly longer, between 2 and 6 months. In such a situation additional charges would apply.

Mortgage / Re-mortgage

Our charges cover all of the work* required to complete the mortgage / re-mortgage of your property, including dealing with the redemption of any mortgage and dealing with registration at the Land Registry.

Freehold Residential Property

Our charges and disbursements

Charges of £500 to £950
Electronic money transfer fee £50
VAT is payable on the above at the current rates

Leasehold Residential Property

Our charges and disbursements

Charges of £600 to £1,250
Electronic money transfer fee £50
VAT is payable on the above at the current rates

Disbursements

HM Land Registry search and document fees typically £20 to £50
Search fees are typically £350 (if required by the lender)
HM Land Registry registration fee £20 to £250 (set by Land Registry based on the value of the property)
There may be additional fees payable to the Landlord’s providing consent in accordance with the title or lease or their management pack. We will advise you of these should they arise.

Disbursements are costs related to your matter that are payable to third parties, such as Land Registry fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

Stages of the process

The precise stages involved in the sale of a residential property vary according to the circumstances. However, below we set out the usual steps in a transaction:

Take your instructions and give you initial advice
Obtain and review the title papers
Go through conditions of the mortgage offer
Raise any necessary enquiries with you
Send final documentation to you for signature
Agree a completion date (date on which the mortgage completes)
Arrange for release of the mortgage funds
Redeem any existing mortgage
Complete the mortgage

How long will my mortgage / re-mortgage take?

How long it will take from an offer being accepted until completion will depend on a number of factors. The average process takes between 3 – 6 weeks for freehold and 4 - 8 weeks for leasehold. It can be quicker or slower, depending on the requirements of the lender.

* Our fee assumes that:

this is a standard transaction and that no unforeseen matters arise including for example (but not limited to) a defect in title which requires remedying prior to completion or the preparation of additional documents ancillary to the main transaction
this is the assignment of an existing lease and is not the grant of a new lease
the transaction is concluded in a timely manner and no unforeseen complication arise
all parties to the transaction are co-operative and there is no unreasonable delay from third parties providing documentation
no indemnity policies are required. Additional disbursements may apply if indemnity policies are required.

Below is list of things you may wish to tell us if you want us to provide a tailored quotation or estimate for acting for you:

value of the property
if you are a first-time buyer
if you are re-mortgaging another property
whether the property is freehold or leasehold
whether the property is a new build
whether the purchase will include the first registration of title
whether or not you require a mortgage
in purchase cases, whether the property will be your primary residence, buy to let or second/holiday home
whether there will be multiple owners
if you are purchasing under a shared ownership scheme
if you require the assistance of help to buy scheme, and whether it is an equity loan or ISA
if you are exercising your right to purchase under the right to buy
if you are purchasing at auction
if property has been repossessed
Declaration of Trust

NB: This list is not intended to be exhaustive. The important point is that the information you provide us will allow us to properly advise you on the costs of your specific transactions.

Dispute Resolution

Property Disputes

Overview

Elsewhere within this website we have explained our specific services relating to disputes which are connected to property, including disputes between landlords and tenants and construction and building disputes.

Additionally, we can be relied upon to represent you in all manner of disputes which may involve property. Whether someone is encroaching upon your land or property, causing damage or a nuisance (for example because of noise, flooding or smoke) or because there have been promises made in relation to land or property which have not been honoured.

We can assist you to resolve the dispute through mediation or court proceedings and we will be able to assist with claims for damages or an injunction where appropriate.

Building Disputes

Overview

As with any litigation, litigation involving building disputes, building contracts, engineering contracts, or disputes with contractors can not only be stressful, but also very costly.

It is important to seek legal advice about building disputes as soon as possible, as disputes over building contracts or construction projects can escalate quickly and cause delays to a building project. This can save on legal fees and also resolve the dispute as quickly as possible.

We are able to offer expert advice on all building and construction disputes including problems with poor workmanship, delays in getting the project finished, building contract and payment disputes or professional negligence maters. We have considerable experience in adjudication and court proceedings in the event that the matter cannot be resolved before this.

Probate Disputes

Work encompasses

Inheritance Act claims: dealing in a practical way with claims under the Inheritance (Provision for Families and Dependants) Act 1975, acting both for individual claimants seeking a greater share of an estate and for beneficiaries, working where possible to achieve a negotiated settlement

Other Will and legacy disputes: where, for example, a vulnerable person has not understood the full implications or has been improperly influenced or there are circumstances which give rise to a claim based on constructive trust or proprietary estoppel

Claims against Executors & Administrators: whether from beneficiaries, creditors or other third parties

Claims against trustees: advising both trustees and beneficiaries in trust disputes including breach of trust or fiduciary duty. We also help with applications to the Court for guidance in resolving particular problems

Negligent Will drafting: providing solutions, where, for example, a Will does not reflect the true intentions of the testator, fails to comply with the requisite formalities or has been made by a person who lacks the necessary mental capacity

Restructuring of trusts:, for example, under the Variation of Trusts Act 1958 or the Trustee Act 1925

Incapacity / Court of Protection

Landlord and Tenant

Overview

We have extensive knowledge and expertise of the relevant residential and commercial property legislation and relevant case law. This together with our substantial library of precedent documents ensures we are able to advise you on all aspects of the landlord and tenant relationship and the legal implications of such, which can often be complex and confusing.

Most residential or commercial landlords have two major priorities – safeguarding and maintaining their property and protecting their income and investment. A difficult tenant can cause significant stress and unnecessary expense. We offer support and advice at every stage of the landlord and tenant relationship whether residential or commercial.

Residential

The obligations on Landlords letting out their residential property are ever changing and onerous. It is important that Landlords comply with housing legislation as failure to do so can lead to a fine and / or delays in regaining possession of the property from a tenant and even sometimes criminal penalties.

We can assist a landlord from start to finish; from drafting tenancy agreements through to conducting possession proceedings and dealing with rent arrears and other tenant breaches. We also act for tenants from start to finish to ensure their interests are protected.

Work encompasses

Advising on compliance with all housing legislation
Drafting and advising on tenancy agreements
Advising upon documents to accompany the tenancy agreement
Addressing the pitfalls associated with the deposit and securing the deposit
Advising on breaches of the lease and options available to a landlord or a tenant
Drafting Notices to Quit including “Section “21” and “Section 8” Notices
Drafting and conducting proceedings for possession or defending proceedings on behalf of a tenant
Requesting a Warrant for possession
Pursuing or defending claims for rent arrears and damage to property

Overview

Work encompasses

Key contacts

Our Charges:

Outline Charges

Disbursements

Key Stages

How long will my matter take?

Overview

Work encompasses

Key contacts

Overview

Work encompasses

Key contacts

Our charges:

Applying for the grant, collecting and distributing the assets

Disbursements

Potential additional costs

How long will my matter take?

Overview

Work encompasses

Key Contacts

Our Charges:

Sale

Purchase

Mortgage / Re-mortgage

Overview

Work encompasses

Key contacts

Overview

Work encompasses

Key contacts

Overview

Work encompasses

Key contacts

Overview

Work encompasses

Key Contacts

Overview

Work encompasses

Key contacts