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Commercial Disputes & Litigation Solicitors

Related Services

Commercial Debt Recovery
Contract & IT Disputes
Intellectual Property Disputes
Post Termination Restrictive Covenants

Our commercial dispute resolution and litigation solicitors are experienced in all types of commercial claims, using their business acumen to advise you as to the best solution for you and your business.

We place a heavy emphasis on alternative dispute resolution to seek to resolve your dispute as early as possible in order to avoid the potential complexity and cost of such claims for you.

Disputes can arise in all areas of commerce and business. Some examples include:

  • Disputes concerning commercial contracts between businesses, for example between a supplier and a retailer. Such disputes might require interpretation of the contract and a determination as to whether its terms have been breached;
  • Disputes concerning partners, directors, or shareholders in a business;
  • Issues regarding intellectual property rights or information technology, including claims involving copyright and passing off.
  • Situations in which an employee or ex-employee breaches the terms of their employment, including breaches of post-termination restrictions.

Directions to our Commercial Disputes & Litigation Solicitors in Tonbridge

Our office is based in central Tonbridge. Parking is available at the rear of the building. Location: Bank House, Bank Street, Tonbridge, TN9 1BL.

We will also be happy to meet with clients in our Sevenoaks office.

Location: 16 South Park, Sevenoaks, TN13 1AN. There is on-street parking outside the office and the nearest car park is behind the Stag Theatre on South Park.

Litigation Costs

Hourly rate

The hourly rates of our lawyers depend upon their seniority.  We charge our lawyers out at the following hourly rates, to which VAT must be added.

  • Partners – £365.00 to £375.00
  • Solicitors and qualified legal executives (members of CILEX) – £205.00 to £265.00
  • Trainee Solicitors – £190.00

Total costs of our services

The total costs of handling your claim will depend upon a variety of factors including how complex the claim is and, most importantly, whether the claim is disputed.  In a straightforward debt collection matter where the debtor does not defend the claim or admit liability, the costs of issuing court proceedings and obtaining judgment may be as little as £1,500.00 plus VAT.  This, however, excludes the cost of enforcement measures: when a debtor does not defend a claim and judgment is obtained, the debtor may well not pay up.  A range of enforcement measures are available but each generally costs many thousands of pounds.  

Our charges for taking instructions from you, discussing the case, reviewing the papers and drafting an initial letter to your opponent are likely to be between about £1,000.00 and £4,000.00 plus VAT.  To take the case to trial, however, our fees are likely to be in the region of £30,000.00 to £80,000.00 plus VAT.  The lower end of the scale is likely to apply to contract disputes while the higher end of the scale is likely to apply to complex property disputes.  To these must be added counsel’s fees, court fees, expert’s fees and other disbursements as set out below:

Counsel’s fees

  • Opinion on the merits – £1,500.00 to £3,000.00 plus VAT
  • Drafting statement of case – £1,000.00 to £2,000.00 plus VAT
  • Fees for an interim hearing – £750.00 to £5,000.00 plus VAT
  • Brief for trial – £5,000.00 to £30,000.00 plus VAT

Court fees

The court service charges up to 5% of the value of the claim at the point at which court proceedings are issued; consequently, in a claim worth £200,000.00 or more, the court fee is £10,000.00 (and the court fee is capped at £10,000.00).

Experts’ fees

Experts’ reports are particularly important in property disputes where a report from a boundary surveyor, for example, is likely to cost in the region of £1,500.00 to £4,000.00 plus VAT.  Other reports, such as from a forensic accountant, can be much more expensive.

Disbursements

These include travel, accommodation, court bundling and other miscellaneous out-of-pocket expenses.

Timescales and costs for each stage of the case

Timescales are unfortunately now very protracted, particularly in the County Court, where cases routinely take between 1 and 3 years to reach trial from the point at which court proceedings are issued.  In the High Court (reserved for more valuable cases) timescales are shorter than this. The same applies in other tribunals such as the First Tier Tribunal (Property Chamber), which is the forum commonly used in property disputes.  Very approximately, the legal costs of each stage of court proceedings (assuming the case is, say, a property dispute in which total legal costs, including our fees, counsel’s fees, experts’ fees and other disbursements are about £100,000.00 plus VAT) are:

  • Statements of case – £10,000.00
  • Costs and case management conference – £15,000.00
  • Disclosure – £10,000.00
  • Witness statements – £10,000.00
  • Experts’ reports – £15,000.00
  • Pre-trial review – £10,000.00
  • Trial – £30,000.00

Recovery of costs

The normal rule is that the loser pays the winner’s legal costs.  In other words, at the end of the case, the trial judge is likely to order the losing party to pay the winning party’s legal costs.  The trial judge does, however, have considerable discretion as to costs and, particularly in property disputes, it is rare for the judge to order the losing party to pay all the winning party’s costs.  

Furthermore (and unless the parties can reach an agreement beforehand), legal costs generally have to be assessed by a costs judge at a hearing which usually takes place at least several months after the trial.  Normally, a costs judge will only order the losing party to pay approximately 50% to 80% of the winning party’s costs.  In addition, the court can order a party to pay the other party’s legal costs relating to an interim hearing, during the case.  If the losing party fails to pay up after a detailed assessment of costs, enforcement measures may cost as much as tens of thousands of pounds.

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Commercial Disputes Team

Michael McNally

Michael McNally

Joanne Sawyer, Litigation Solicitor in Kent

Joanne Sawyer

Related Services

Commercial Debt Recovery

Find out more

Contract & IT Disputes

Find out more

Intellectual Property Disputes

Find out more

Post Termination Restrictive Covenants

Find out more

HELLO WORLD

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A Guide to Debt Collection

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01732 770660
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01732 747900

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Philip

Philip

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July 16, 2025

You decide!

Wills, Trusts & Probate | Legal Power of Attorney

Most satisfied with the service rendered. Could not have done more.

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July 10, 2025

Conveyance Work

Housing & Property | Residential Conveyancing

I had the pleasure of working with Diane for the conveyancing of my first home purchase. Diane has been thorough, diligent and helpful throughout and... always welcoming to my calls. I would definitely recommend her to anyone looking for a solicitor to help them through a similar process.

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July 07, 2025

First Class Service and a pleasure to deal with.

Housing & Property | Residential Conveyancing

We were very impressed with the excellent service that we received from Warner's. Diane and Emelie were efficient, responsive and prompt with their ac...tions and replies. Also persistent in getting responses from the other party and innovative with solutions to meet needs. They and other staff that we met were a pleasure to work with. We wouldn't hesitate to recommend them.

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July 04, 2025

Consistently great service

Housing & Property | Residential Conveyancing

We have used Warners as our solicitors for the past 20 years and the service we have received has always been prompt, polite and professional. They re...spond quickly to queries and keep us up to date on activity and their fees are reasonable. I would recommend them unreservedly.

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June 27, 2025

Exemplary service

Housing & Property | Residential Conveyancing

We worked with Warners Solicitors, specifically Jane Bohill from the Sevenoaks branch through one purchase & 2 sales. The service was nothing short o...f exemplary. Prompt, efficient and most importantly, friendly & honest. I would not hesitate in using them in the future. A very large 10/10.

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June 26, 2025

New Will

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Service very good always able to speak to someone knowledgeable. I was recommended to Warners by 2 lots of people who had used your services. My bill ...was a little more than I expected but would use Warners again.

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June 24, 2025

Fantastic Service!

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Excellent service, from John and his team, very helpful and made it so much easier for me to understand the whole way through the process. Thank you.

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June 11, 2025

Fantastic, quality service

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Excellent service from Warners as usual, many thanks to Louise and her team for their efficient work and great advice

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June 10, 2025

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I've had nothing but a positive experience using warners. From start to finish (it was a very long process due to the ex husband) we were supported an...d advised about the best approach to take and action needed. Both Toni and Cate have always been professional and helpful. They have always been on hand to answer any questions I have had and Toni even accompanied me to a court appearance which I couldn't have done without her support. Would highly recommend Warners.

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June 07, 2025

Excellent service

Housing & Property | New home purchases and sales

I would just like to say a big Thankyou to Faranha for all the work she put in to help with my property purchase. Although stressful at time she kept ...me updated regularly and was very prompt with replies to any questions I had. Due to family bereavements my experience of solicitors has not been good but Faranha has restored my faith. Will definitely be recommending Once again Thankyou Faranha

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