ESTIMATE OF FEES FOR DIRECT ACCESS – Trusts of Land Act and Appointment Of Trustees Act
For the purposes of transparency, we enclose below a schedule of estimated fees for Direct Access clients, namely members of the public who instruct barristers directly and not via a solicitor or other authorised litigator.
It is important to understand that the fees contained in the table below are estimates only and should not be considered the exact amounts to be charged. There are numerous factors to be taken into consideration that determine a barrister’s charges, for example, the volume of case documentation to peruse, i.e. papers to be read and analysed, legal research that might be required, complexities of the case that may increase preparation time, the experience and seniority of the barrister instructed, novel issues, number of witnesses, the court jurisdiction, i.e. family court/high court, travel disbursements etc.
The actual amounts to be charged can only be determined upon the proper evaluation of the case by the senior clerk. This process will involve you having to provide the senior clerk with certain information and documentation before a decision as to whether to accept your case can be taken. Please note there is no obligation on Chambers or the barrister to accept a case via Direct Access. Barristers are entitled to decline to accept a case via Direct Access.
The following table applies specifically to cases concerning financial disputes in divorce. The fees shown are estimates only. Our actual charges could be higher.
Our most commonly used pricing models are fixed fees based on hourly rates so we will estimate in advance the likely hours of work needed to deliver the required service – such estimate will be made solely on the information provided by the client.
Direct Access – Trusts of Land Act and Appointment Of Trustees Act 1996
Our barristers can advise you if you jointly own property with someone but find yourself in dispute about your respective shares, or in circumstances where the legal title to the property is in the name of someone else but you believe that you are entitled to a share, or where your ex-partner is claiming to be entitled to a share in a property that you own. These are all situations where it may be that a trust of land has been created.
Disputes regarding land held upon trust can take many varied forms and the law in this area can be complex. Those claims resulting from the breakdown of domestic relationships may often be based upon informal agreements between parties or contributions made during the course of a relationship. All such cases are factually sensitive and may be accompanied by other disputes such as future financial provision for children.
Our barristers can assist you by providing advice in relation to the legal basis of claims for a trust of land. We can advise whether, according to the facts of your case, the court is likely to find a trust exists. If you decide to make an application to the court, for a set fee, we can assist you to complete the required forms and help you to present your case in the best possible way.
Timescales
The timescales in respect of Tolata cases are dependent upon whether it is procedurally a part 7 or part 8 claim under the Civil Procedure Rules. It is a civil and not a matrimonial claim although it may arise within matrimonial financial proceedings. This depends upon the complexity of the claim, the number of properties in dispute and value. Written advice will be available in conjunction with conferences within two to four weeks where possible. As a guide a claim may take 12 – 18 months. This does not include possible appeals.
Fees
We charge fixed fees, which means that we will charge you a set amount of money for the work. Below we provide estimates based on the ranges of fixed fees for barristers at 4 Brick Court. VAT at the relevant rate (currently 20%) is payable on top of all fees estimated below.
Your fixed fees may be towards the higher end of the range if you need a more experienced barrister. If you have a particularly complex case, your fees may also be higher than the estimates below.
Important: Please note that you will have additional costs to pay if you issue court proceedings. These are separate fees you will need to pay directly to HM Courts & Tribunals Service.
Stage of case
Ranges of fixed fees (estimate)
Initial Conference £750 + VAT – £1,250 + VAT
Preparation of case, including conference with you £1,000 + VAT – £1,750 + VAT
and assistance with drafting of any court documents
First directions £1,500 + VAT – £2,000 + VAT
Interim hearing £2,000 + VAT – £3,000 + VAT
First day of final hearing (if no settlement was reached £3,500 + VAT – £10,000 + VAT
in the financial dispute resolution hearing)
Court appearances per day, after the first day of the £1,750 + VAT- £2,500 + VAT
final hearing
All information is correct as of 1st January 2021, but fees are estimates only. For the most accurate fixed fee estimate, please contact the clerks on 020 7832 3200 or via email clerks@4bc.co.uk