Information on prices and services as required by Rule 1 of the SRA Transparency Rules
In December 2018 the Solicitors Regulation Authority (SRA) published their new Transparency Rules, with the aim of making sure that consumers have the information they need to make an informed choice of legal service provider, including understanding what the costs may be. The rules require all regulated law firms to publish information on the prices they charge in relation to certain services.
The services and pricing information which Swinburne Maddison is required to provide under these new rules are set out below.
If you have any questions in relation to the information provided on this page, please do not hesitate to contact us on 0191 384 2441 and ask to speak with a member of the appropriate team.
For an instant conveyancing quote today, please click here. Our estimate of costs will include the following:-
For a Purchase:
For a Sale:
For a Mortgage/Re-Mortgage:
Our quotation will be based on the information which you provide and will assume that:
Our quotation will include disbursements we anticipate having to pay on your behalf. 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.
If additional work is required outside the scope of works listed below we will provide you with an estimate of any additional costs and agree these with you before undertaking any further work. We will not increase our estimated fee without informing you of the reason and obtaining your consent.
Our quotation will also include an estimate of the Stamp Duty Land Tax payable, if applicable. We would suggest that you verify the actual tax payable using the online stamp duty calculator available on the HMRC website.
If the matter does not proceed to legal completion we will make a charge for the work carried out. This charge will be a proportion of our estimated fee depending on how far matters have progressed.
Purchase
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 8-10 weeks.
It can be quicker or slower, depending on the parties in the chain. For example, if you are a first time buyer, purchasing a new build property with a mortgage in principle, it could take 6-8 weeks. However, if you are buying a leasehold property that requires an extension of the lease, this can take significantly longer, between 2 and 3 months. In such a situation additional charges may apply.
Sale
How long it will take from you accepting an offer on the property until you can move out of your house will depend on a number of factors. The average process takes between 8-10 weeks.
It can be quicker or slower, depending on the parties in the chain. For example, if you are a buying another property and there is a chain it can take longer for all parties to reach the same stage. However, if you are selling and moving into rented accommodation or the property is already empty the process can be much quicker.
Mortgage/Re-Mortgage
How long it will take from you new mortgage offer being issued to the draw down of the mortgage will depend on a number of factors. The average process takes between 4-6 weeks.
It can be quicker or slower, depending on your title to the property and your mortgage company’s requirements. For example, if you live in the property with another party, who is not a party to the mortgage deed, it may be necessary for the other party to take their own independent legal advice which can delay matters.
It is difficult to generalise costs information in relation to estate administrations, given that each estate is different. The variables and “unknowns” can be numerous and do not exclusively relate to the estate’s value. For example:
As a result of the above, it is very difficult for us to provide an accurate indication of how much time will be required to deal with a “typical” probate instruction.
We can however confirm that in all cases, our charges are raised on the basis of two elements, as follows:
Partner - £250
Managing Associate - £225
Solicitor - £195
Legal Executive - £185
Trainee Solicitor - £130
An added value element (plus VAT) will be charged, as approved by the Law Society, to reflect the type and value of the assets comprising the estate and the complexity of administering it. The Law Society Value Element (exclusive of VAT) that usually applies, as modified in this instance, are set out below.
Solicitor not an Executor
Gross estate less residence 1%
Residence 0.5%
Solicitor sole Executor or joint Executor with any other person
Gross estate less residence 1.5%
Residence 0.75%
Ordinarily, estate administrations in which no Inheritance Tax is payable incur between 4 and 60 hours of time, with usual charges for time incurred therefore falling between £780 and £15,000 (exclusive of VAT).
An example at the lower end of the scale would be an extremely straightforward estate, where an individual had died leaving everything to his/her spouse, there were only 2-3 assets to administer, and very simple estate accounts to prepare.
An example at the higher end of the scale may involve an estate in which the deceased retained few records, had numerous personal possessions, assets were unknown and require thorough investigation at the outset of the matter, and/or the estate was required to be varied. There may also be a large number of beneficiaries.
Estate administrations which require a full Inheritance Tax return (and payment) to be made to HMRC will usually require between 20 and 120 hours of time, with charges therefore totalling between £3,900 and £30,000 (exclusive of VAT).
An example at the lower end of this scale would likely involve an estate in which the assets were not numerous, could be ascertained and valued in a straightforward manner, with no corrective accounts being required following payment of the inheritance tax bill. It would also likely involve only one or two beneficiaries.
An example at the higher end of the scale may involve an estate in which the deceased made extensive lifetime gifts, had not settled his/her tax affairs to the date of death, had numerous properties which required maintenance and/or realised capital gains on sale, and involved multiple beneficiaries or a variation to the terms of the Will.
The fee ranges we have set out above are based on several assumptions, as follows:
We have also outlined some of the disbursements (fees payable to third parties) that are likely to apply during the course of any administration, though again some of disbursements are specific to individual cases which are not listed. It will sometimes be necessary, for example, to engage third parties like valuers, house clearance firms, auctioneers, genealogists, estate agents etc, the fees of which cannot be quoted at present and would be sought on an individual basis.
We however believe that the following disbursements will be incurred routinely in almost all matters:
Land Registry Fees
If property is comprised within the estate, we will be required to check the title, at a fee of £3 per property.
Oath Fee
This is generally £7 per Executor or £5 per Administrator.
Probate Registry fee
The fee is £155 and there is also a charge of 50p for each additional Office Copy Grant of Probate.
Share Valuation fee
This is tends to be £25 + VAT but may vary depending upon the value of the shares.
Property valuation fee
This can be in the region of £150 plus VAT.
Statutory Notices
If required, these may be in the region of £200.
Bankruptcy Search
This search will need to be effected against all beneficiaries of a legacy or share in the residuary estate to ensure that the recipient is not an undischarged bankrupt. There is a charge of £2 per search.
Telegraphic Transfer (or Foreign Transfer) Fee
This is the fee for a same-day transfer of funds and applies at the rate of £36 (per transfer), if required by the beneficiary.
The timescale in dealing with estate administrations also varies between cases.
In a straightforward estate in which there is no Inheritance Tax to pay, it will ordinarily take between 4-10 weeks from instruction to apply for the Grant of Probate.
Settling liabilities, any legacies, preparing estate accounts and distributions thereafter tends to take between 2-7 months. It is necessary to ensure that funds are held for at least six months following production of the Grant of Probate where there is any risk whatsoever that a claim may be brought under the Inheritance (Provision for Family and Dependants) Act 1975.
In an estate where there is Inheritance Tax to pay, the deadline for payment of tax is six months following the end of the month of death. The Grant of Probate will thereafter generally be obtained within one month. Collecting and distributing the estate may however take much longer than in a lower-value case, particularly if corrective accounts are required to be submitted to HMRC on sale of the estate’s assets, for instance. Ordinarily however estates can be finalised within 4-12 months from production of the Grant.
If the Executors/Administrators of an estate only require assistance obtaining the Grant of Probate/Grant of Letters of Administration, then we are able to help. Our fees for a ‘Grant Only’ instruction are subject to you being able to provide us with all date of death values – those being for each asset that the deceased owned, and also for each liability that the deceased had.
In a Grant only instruction, it is typically the case that you wish to deal with the whole of the administration of the estate following the issue of the Grant, and enlist our professional assistance purely in completing the HMRC Inheritance Tax form, the Oath and the Estate Accounts to the date of death, before then applying for the Grant.
In such cases, we are able to provide a fixed fee of £650 plus VAT, however this is subject to there being no requirement for our involvement in obtaining the date of death asset/liability values.
In the event that the estate requires the more complicated Inheritance Tax form ‘IHT 400’ and its accompanying Schedules to be completed, then the above quote will not apply and the instruction will need to be based on the hourly charging rate of the Solicitor involved due to the additional time consumption and complexity involved.
Our pricing for bringing and defending claims in the Employment Tribunal is as follows:
Factors that could make a case more complex include the following:
Disbursements are costs related to your matter that are payable to third parties. We handle the payment of the disbursements on your behalf to ensure a smoother process.
Counsel's fees are estimated between £1,000 to £5,000 plus VAT per day (depending on experience of the advocate) for representing you at a final Tribunal Hearing (including preparation.) Fees for representing you at a preliminary hearing are estimated between £350 to £1,500 plus VAT per day.
The fees set out above cover all of the work in relation to the following key stages of a claim:
The stages set out above are an indication and if some of the stages above are not required, the fee may 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.
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 up to 6 weeks. If your claim proceeds to a Final Hearing, your case is likely to take between 26 and 78 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.
Please note that these fixed costs apply only in cases of a business to business debt where your claim is in relation to an unpaid invoice which is not disputed and enforcement action is not needed, and therefore includes work up to and including the obtaining of a County Court Judgment in default. 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. If you have an outstanding debt that does not fall into the description above, including where the debt is owed to and/or by an individual and/or is disputed, please contact a member of our team who would be happy to provide you with a bespoke quote for debt recovery action.
Debt value |
Court fee |
Our fee (exc. VAT) |
Total |
Up to £5,000 |
£35-£205 |
£150 |
£185-£355 |
£5,001 - £10,000 |
£455 |
£200 |
£655 |
£10,001 - £100,000 |
5% value of the claim |
£250 |
Depending on value of claim |
Anyone wishing to proceed with a claim should note that:
Our fee includes:
Matters usually take 6-12 weeks from receipt of instructions from you to receipt of payment from the other side, depending on whether or not it is necessary to issue a claim. This is on the basis that the other side pays promptly on receipt of Judgment in default. If enforcement action is needed, or if the debt is disputed and/or the claim defended, the matter will take longer to resolve.
Pricing
Our pricing for making an application to vary an existing premises licence is as follows:
A simple application is an application to vary the Designated Premises Supervisor (“DPS”) where the incoming DPS has an existing personal licence.
Factors that could make an application more complex:
Disbursements
Disbursements are costs related to your matter that are payable to third parties. We handle the payment of the disbursements on your behalf to ensure a smoother process.
Application fees are payable to the relevant licensing authority immediately upon making an application for a new premises licence or when making an application to vary a premises licence.
Fees payable to the licensing authority when making a simple application to vary the designated premises supervisor (DPS) are £23.
Key stages
The fees set out above cover all of the work in relation to the following key stages of an application:
The fees set out above also include the following however in these circumstances it may take fees into a higher fee band than originally envisaged:
The stages set out above are an indication and if some of the stages above are not required, the fee may be reduced. You may wish to handle the application 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 nature of the application being made and whether or not any objections are received. A simple application for a variation to a DPS would usually take around 2 to 3 weeks to complete, although the licensing authority itself may take longer to actually issue the varied premises licence itself. 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.
Pricing
Our pricing for making an application for a new premises licence is as follows:
Factors that could make a case more complex:
Disbursements
Disbursements are costs related to your matter that are payable to third parties. We handle the payment of the disbursements on your behalf to ensure a smoother process.
Application fees are payable to the relevant licensing authority immediately upon making an application for a new premises licence or when making an application for a premises licence. These fees are based upon the rateable value of the premises and range from £100 to £1,905 depending upon the fee band of the venue concerned.
Fees will be payable for advertising at the premises and in local newspapers and are likely to be between £200 and £500.
Key stages
The fees set out above cover all of the work in relation to the following key stages of an application:
The fees set out above also include the following however in these circumstances it may take fees into a higher fee band than originally envisaged:
The stages set out above are an indication and if some of the stages above are not required, the fee may be reduced. You may wish to handle the application 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 nature of the application being made and whether or not any objections are received. An application for a premises licence would usually take around 4 to 8 weeks from instruction to submission. The length of time it is likely to take for a decision to be made will vary depending upon whether there are objections and/or hearings, however, if there are no objections your licence should be granted 4 weeks after submission of the application. The licensing authority itself may take longer to actually issue the premises licence once this has been granted. These timescales are just an estimate however we will be able to give you a more accurate timescale once we have more information and as the matter progresses.