Commercial/Civil Law

Representing Your Interests

Often when you least expect them, disputes arise and problems happen. It is a fact of life. We are here to help if you, or your business find yourself in that position.

Our litigation team act for defendants and claimants, ranging from individuals to buisnesses, with everyone receiving exactly the same commitment from us as we try to resolve disputes as quickly and as fairly as we can.

We ensure that we advise all of our clients about the prospect of a successful claim or defence succeeding.

We will never advise a client to spend money litigating a case that we would not litigate ourselves and always ensure that we keep that advice under regular review as things progress. This will enable informed decisions to be made at every stage.

Costs

VAT throughout is at 20%

Our expert debt recovery lawyers charge an hourly rate for all the work they undertake. The hourly rate ranges from £175 plus Vat to £330 plus VAT.

As a general guide, our pricing for debt recovery are as follows:

  • Simple Case: £1,500 - £5,000
  • Medium Complexity Case - £5,000 - £12,000
  • High Complexity Case - £12,000 - £20,000

As you can appreciate, it is very difficult to give an accurate estimate of the total fees you are likely to incur in regard to debt recovery as each case is assessed on its merits and its own facts. However, once we have had an initial discussion with you and have been provided with further information, we will be able to give you a more accurate estimate and will keep you regularly updated as the matter progresses. If the other party disputes your claim at any point, we will discuss any further work required and provide you with revised advice about costs if necessary, which could be on a fixed fee (e.g. if a one off letter is required), or an hourly rate if more extensive work is needed.

All quoted prices are exclusive of VAT.

Anyone wishing to proceed with a claim should note that:

  • The VAT element of our fee cannot be reclaimed from your debtor
  • Interest and compensation may take the debt into a higher banding, with a higher cost
  • The costs quoted above are not for matters where enforcement action, such as the bailiff, is needed to collect your debt

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
  • Accessibility of assets
  • Defending counter claims, especially those that are brought by litigants in person
  • Making or defending a costs application
  • Complex preliminary issues
  • The number of witnesses and documents

There will be an additional charge for attending any Hearing (charged at 8 hours of the solicitors’ time for each day of the Hearing that you wish your solicitor to attend).

Disbursements

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

Counsel's fees range between £700 to £10,000 plus VAT per day (including Brief Fee) (fees depend on the experience of the advocate) for attending a Hearing (including preparation).

Additional disbursements

  • Translation fees - £250 - £2,000 plus VAT
  • Handwriting experts - £500 - £1,500 plus VAT
  • Company searches/solvency checks - £35 - £500 plus VAT

What do our fees include?

  • Taking your instructions and reviewing documentation
  • Undertaking appropriate searches
  • Sending a letter before action
  • Receiving payment and sending onto you, or if the debt is not paid, drafting and issuing claim
  • Where no Acknowledgment of Service or Defence is received, applying to the court to enter Judgement in default
  • When Judgement in default in received, write to the other side to request payment
  • If payment is not received within X days, providing you with advice on next steps and likely costs

Key stages

The fees 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 chance of recovering the debt (this is likely to be revisited throughout the matter and subject to change)
  • 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 Case Management 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 the stages above are not required, you will not be charged for this. 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 6-8 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 18-24 months. 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. If enforcement action is needed, the matter will take longer to resolve.

Key individuals

Our team of specialist debt recovery solicitors has many years of experience in dealing with debt recovery and comprises of Paul Coleman (Solicitor/Director) and Tom Walsh (Trainee Solicitor).

The team is headed by Paul Coleman who has many years of experience in debt recovery work. He qualified as a solicitor having trained at an established suburban commercial firm which specialised in debt recovery. In 2015, Paul was tasked with setting up a City of London office for that same firm, and over a four-year period was instrumental in establishing a renowned, successful and profitable department with a considerable client base. In 2020 Paul established Foster and Coleman Limited together with Steve Foster.

Tom Walsh joined Foster and Coleman in 2021 before going on to complete his qualification as a solicitor in 2024. During that time Tom have developed a varied and considerable practice and assists Paul with all debt recovery matters.

Notable and recent cases where our team have acted include:
  • Tower Trading v N – Settled successfully
  • X v Y – Successfully defended against a personal injury damages claim
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