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Fixed cost case analysis

We understand that any business wants to be able to plan ahead on costs.  For some, the risk of financial exposure through involvement in a dispute and potential litigation – whether claiming or defending – can add to commercial pressures.  There are often fears around the level of costs that might be incurred by involving a solicitor – and the uncertainty of the outcome.

With this in mind, Napthens has created a fixed fee package to cover the initial assessment and action within the litigation and dispute resolution process.  Whilst not possible in all cases (for example in emergency cases  or because there is a requirement for further investigations to be carried out),  when taking on your case we will consider if it is feasible to carry out the initial work on a fixed fee basis. Our aim is to provide clarity and reassurance – and enable you to make an informed decision about the best way ahead for your business.

What is included?

Every business is different, every dispute is different and so every client will have their own particular needs and commercial objectives in a dispute.

Our fixed fee package is therefore bespoke to each client’s specific case.

For a claimant

  • Initial advice on your claim from a specialist litigation and dispute management lawyer
  • A letter setting out your claim to the other party to your dispute
  • Reporting to you following the response received from the other party

For a defendant

  • Initial advice on the letter of claim received from the other party to your dispute
  • Drafting of a response to the letter of claim
What does the initial advice include?

For a claimant

  • On the basis of the information and documents supplied, our lawyers will provide a preliminary opinion as to whether there are grounds for pursuing the claim – and whether there is a realistic prospect of the claim succeeding.
  • If the other party disputes your claim, an assessment of the likely overall level of legal costs of pursuing the claim. This allows you to make a commercial decision as to whether to stand your ground or negotiate a resolution.

For a defendant

  • Our initial advice will be based upon the issues raised in the letter of claim and the information supplied by you to address those issues.
  • An assessment of the likely overall level of legal costs of defending the claim if the other party pursues their claim. This allows you to make a commercial judgment as to whether to stand your ground or negotiate a resolution.
What is the letter of claim/response to the letter of claim?

Before any Court proceedings are issued a claimant is required to begin action with a Pre Action Protocol Letter of Claim.  This must be drafted in accordance with the Court’s rules.  A response must also comply with these Court rules.

What is included in advice on the response?

Our lawyers will report to you on the response (if any) received from the opponent.  This will include the options open to you whether or not you receive a response.    Following our expert guidance and advice you will be in a position to make an informed and commercially sensible decision about how to progress with the claim.

What are the benefits?
  • You can feel confident in seeking early advice on your dispute as you will know the costs involved in doing so.
  • You will have clarity up front about the cost of specialist legal advice on the prospects for your claim or defence succeeding.
  • A Letter Before Action / Response to the Letter Before Action, compliant with the Court’s rules, is sent to the opponent having been properly drafted by an experienced commercial litigation solicitor.
  • You are in the best possible position to make an informed and commercially sensible decision about whether and how to pursue the case. You will understand your options, which could include alternative dispute resolution (ADR) – or Court Proceedings.
  • If you should choose to issue Court Proceedings you will have the assurance that the pre action claim has been dealt with in accordance with the Court rules.