Clinical Negligence Claims

We act on behalf of patients on a wide range of clinical negligence claims including:

  • Misdiagnosis/failure to diagnose
  • Complications from surgery
  • Catastrophic/fatal claims
  • Amputation and limb loss claims
  • Accident and Emergency claims
  • Eye surgery claims
  • GP negligence claims
  • Gynaecological medical claims
  • Orthopaedic and bone injury claims
  • Pregnancy and birth injury claims

What is involved in pursuing a claim

This information is intended to provide a brief overview of what is involved in pursuing a clinical negligence claim.

Compensation (Money Damages)

The sole purpose of compensation (Money Damages) is to put you back in the position you would have been in had it not been for any negligence identified (as far as money can do this).
Damages

There are two types of damages:
General Damages – designed to compensate for pain, suffering and loss of amenity.
Special Damages – out of pocket expenses (e.g. loss of earnings (past and future), care, etc).

Negligence

In order to succeed in a claim for clinical negligence compensation it is necessary to prove, on the balance of probabilities, that the medical care and treatment received by a patient fell below a reasonable standard and that the substandard treatment caused injury and loss.
In order to be successful in bringing a claim it must be proven that:-

There has been a breach of duty;
That you have suffered an injury/loss;
That the injury/loss was caused as a direct result of the breach of duty.

In order to prove the above we require an appropriately qualified independent medical expert of the same medical discipline as the Defendant to say whether the treatment provided by the Defendant was inadequate and whether, as a direct result of that inadequate treatment, you have suffered injury.
It must always be remembered when considering a potential clinical negligence action that it does not follow that there has been negligence just because someone has not achieved full recovery or where further treatment has been undertaken that was not initially envisaged or recommended. Even the best care can result in a poor outcome for the patient due to the nature of the initial injury or pre-existing features.

Procedure

The usual procedure is to obtain the client’s medical records from all treating healthcare providers including the GP. Thereafter, these are arranged in their correct chronological order and indexed and examined.

Following examination of the records, provided it is deemed appropriate to do so the next step is usually to obtain a preliminary liability report where the medical records will be examined by an appropriate independent medical expert who will consider whether the care and treatment received was negligent or not. Sometimes it is necessary to obtain a report from more than one expert.

The report from the expert will enable us to determine whether or not a claim for clinical negligence compensation is likely to be successful. It is at this stage that we will have to reassess the likely prospects of success and advise accordingly.

Provided we receive supportive medical evidence from the expert in relation to bringing a claim against the Defendant we will be able to proceed to the next stage, which is usually to submit details of the claim to the Defendant. At this stage we may also make arrangements for any additional reports to be obtained, which are deemed to be necessary in the pursuit of the claim.

A Letter of Claim will be sent to the Defendant who will then have 4 months in which to investigate the case and either admit or deny fault. If fault is admitted then the claim will be valued and thereafter it can usually be settled by negotiation between the parties. If fault is denied then it may be necessary to go to Court. Further advice on going to Court will follow at that stage, if applicable. The majority of clinical negligence claims settle without the need to go to Court. Of the cases that do go to Court only approximately 1% goes as far as a Trial
.
At each stage of the case the likely prospects of success will have to be reassessed and if at any time the prospects fall below 51% we will let you know. If this happens we may not be able to proceed any further with the case.

Timescale

Generally, it takes in the region of 18 months to investigate the claim to the point where we know whether fault is admitted or denied. Clinical negligence claims can take several years to come to a final conclusion and it is important that clients are aware of this from the outset.

Limitation

As a rule, you must investigate and file a claim at Court within three years of the date of knowledge of the substandard treatment. A failure to do so can result in the claim being statute barred by the Limitation Act 1980. There are some exceptions to this rule; particularly where the claim concerns a child or a deceased person. In these cases the three year time limit does not begin to run until the child reaches the age of eighteen or in the case of a deceased person; provided the date of death occurs within the original three year time frame then the time restarts from the date of death.

If you, a family member or friend believe that you have been subjected to negligent medical treatment our clinical negligence team will be happy to discuss the circumstances of the case with you, without any obligation. Please contact us today.

Commercial Property Law

At Wadsworths we understand that dealing with commercial land transactions, buying or selling property or entering into leases can be very complex. Our experienced Commercial Property team provide a comprehensive range of legal services to our clients. We invest time to understand your needs and consider the long term objectives of your property requirements, providing you with the advice and expertise which you require for your commercial matter.

Whether you are increasing your existing property portfolio or entering into a new commercial venture we will assist you or your business with all aspects of your matter. At Wadsworths we will endeavour to ensure that your matter proceeds as cost effectively and as efficiently as possible.

Our legal experts deal with a wide range of transactions, handling all aspects of Commercial Property and property acquisitions and disposals including:

  • Freehold Sales and Purchases
  • Commercial Leases and all other Landlord and Tenant matters
  • Development work, site acquisition and disposal
  • Option Agreements
  • Overage
  • Commercial Borrowing including Bridging Finance

Like with all of our work, our dedication to customer service is what we hope you will take away from dealing with us and also what we hope will set us apart from our competitors.

If you would like any further information pertaining to Commercial Property matters please do not hesitate to contact us.

Court of Protection

You may know a family member, friend or neighbour who you think is having difficulties in making decisions about their finance and property or their personal welfare and you want to be able to help them make these decisions.

If they have not already set up an Enduring or Lasting Power of Attorney and are now incapable of doing so then an application needs to be made to the Court of Protection to appoint a Deputy to act on behalf of the person who lacks mental capacity.

The court can appoint a deputy to act and make decisions on behalf of a person who lacks capacity in relation to their property and financial affairs and /or personal welfare. The court order will set out who they appoint as the deputy and what decisions the deputy can and cannot make.

A deputy must be at least 18 years old. They should have sufficient skills to take on the role. The applicant will be required to complete a deputy declaration to ensure they understand their responsibilities.

Before an application can be made medical evidence must be obtained to verify that the person does lack mental capacity to make decisions. There are also numerous forms to complete in respect of the assets and expenditure of the person who lacks mental capacity.

Wadsworth Solicitors can help appoint a Deputy to manage that person’s affairs. Our Trusts and Estates team will guide you through the process of appointing a Deputy and be there to guide you through the decisions that follow. If there is no suitable person to act as a Deputy, a member of the firm may accept a professional Deputyship.

We offer a friendly, empathetic, and professional service, at fixed fee rates. If you would like any further information pertaining to a Court of Protection application please do not hesitate to contact us.

PRICE GUIDE*Office of the Public Guardian Registration fee – £82 (per LPA document).

(*Prices correct as at 22 November 2018)

THE TEAM

Please visit “meet our team” to find out more about our Court of Protection team.

Dispute Resolution

Property Disputes

We act for a broad range of clients including developers, investors, property managers, and private individuals, including:

  • landlord and tenant disputes (including contested 1954 Act lease renewals)
  • Dilapidations claims
  • lease termination: forfeiture, surrender, break notices and notices to quit
  • recovery of rent and service charge arrears
  • boundary disputes
  • disputes in relation to easements and rights of way
  • party wall claims
  • adverse possession claims
  • professional negligence disputes
  • option agreements

Inheritance Disputes

A dispute over a will or an inheritance can occur all too easily if someone didn’t make their will properly, didn’t update it as the years went by or simply forgot to make proper financial provision for someone who was dependent upon them.

At Wadsworths, we can advise you whether you are the Executor responsible for dealing with the estate where there is a dispute or whether you believe that you should have received something from the estate but have been left empty handed. We can advise you whether a will is valid or should be challenged or whether you should bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

Other areas we can assist include:

  • contesting a will
  • allegations of undue influence
  • disputes between beneficiaries
  • Inheritance Act claims
  • disputes in relation to a trust and claims in respect of maladministration of a trust or estate
  • claims against executors
  • issue and remove caveats
  • applications to the court for directions regarding the administration of an estate.
  • professional negligence

IMPORTANT- Please remember that you only have six months from the date of the issuing of the Grant of Probate to bring your claim.

Making or Defending a Claim in the County Court

At Wadsworths we recognise that whether you are a business or an individual, going to court to either bring or defend a claim is an extremely expensive, stressful and worrying experience for our clients. What may have started out as a perfectly friendly or amicable agreement with a customer, client, friend or even a member of the family can end up in a costly and expensive confrontation. Where necessary and appropriate, we will take a firm approach but drawing upon our considerable experience in such matters means that we will try and seek a cost-effective way resolution first before resorting to litigation. That is why we will always explore where appropriate alternative dispute resolution such as negotiation, early neutral evaluation or mediation as a way of sorting matters out quickly and economically in a way best favourable to you.

In most types of cases there are pre-action protocols to be followed before proceedings are issued.
Whether you are bringing or at the receiving end of a claim then we will always give you an honest and candid assessment of your chances of success and your prospects of successfully recovering any damages and costs and take you through the process and explain the likely costs involved.

We have considerable experience of a wide variety of legal issues including:

  • Partnership and LLP agreements and associated documents
  • Shareholder agreements
  • company formations and articles of association
  • general commercial agreements (including terms and conditions, supply and service agreements, distribution agreements, finance agreements, heads of terms, intellectual property agreements)
  • insolvency
  • loans, personal guarantees and debentures
  • advice to directors, shareholders, partners and sole traders
  • debt recovery, including:
    • disputes with customers
    • disputes with employees/ employer
    • recovery of fees
    • general debt recovery advice
    • insolvency action including bankruptcy, winding up, advice on debtor’s petitions, Individual Voluntary Agreements (IVAs), Company Voluntary Agreements (CVAs) and post insolvency trustee liaison
  • small business support

 

 

DEBT RECOVERY

The total average cost of a debt recovery claim from outset to completion of enforcement is usually in the region of £600 plus VAT to £5000 plus VAT if the debt is complex or contested.

Fees for the services provided by our Dispute Resolution Team are varied dependant on the Solicitors working on your matter, as well as each matter being quoted depending on its own personal circumstances.

Wadsworths charge at each stage of the debt recovery process so the client can take over at any stage or we can take over at any stage to keep costs to a minimum. For straight forward cases, we charge in the region of £600 – £800 plus VAT to issue the Claim Form, apply for a Judgement in default, and to enforce the Judgement. If the Defendant contests the debt and issues a Defence then our fees will vary dependent on the case but will usually be in the region of £500 – £1,000 if additional evidence is required. Another pathway to collect the debt rather than issuing a claim at court would be that we could also serve a statutory demand upon the Defendant for the amount owed that would give the Defendant 21 days to pay the debt or reach an agreement to pay.

We would charge in the region of £500 – £1,300 plus VAT to issue the statutory demand and potentially for issuing the winding up/bankruptcy petition.

Debt Recovery Anticipated Disbursement Costs

The usual disbursements in debt recovery matters are Court fees which are dependent on the value of the claim. To issue the Court fee there is a fee which ranges from £35 to £10,000 if the claim is valued over £200,000. In addition there are enforcement fees which vary on the form of enforcement being used these vary from £50 – £200.

If Wadsworths are proceeding by way of a statutory demand and then bankruptcy petition (if the debtor is an individual), there is a £990 petition deposit for managing the bankruptcy and £280 for Court costs.

If we are proceeding by way of a statutory demand and then winding up petition (if the debtor is a company), there is a £280 court fee and £1,600 petition deposit to manage the winding up. The client is able to recover these fees back if the debtor can afford to pay them.

Debt Recovery Key Stages and Timescales

There are 2 pathways to Debt Recovery:

1. Claim via the Courts
2. Statutory Demand and winding up/bankruptcy petition

Claim Form via the Courts:

  • We would take the client’s instructions, prepare and issue the Claim Form to the Court.
  • If the claim is not contested (i.e. the Defendant does not issue a defence) then after 28 days from the date of issue of the Claim Form, we make an application for a judgement in default for the full amount owed against the Defendant plus interest and Court fees.
  • Once the judgement is received we would make an application to the Courts to enforce the judgement. This can be in various forms such as enforcing bailiffs to collect goods from the Defendant’s property to pay the debt, an attachment of earnings order to collect the debt from the Defendant’s salary and/or a charging order on the Defendant’s owned property.

Statutory Demand and winding up/petition:

  • We would take the client’s instructions, prepare and issue the Statutory Demand to the Defendant directly. The Defendant then has 21 days to respond by either paying the debt in full or arranging a payment plan.
  • If the Defendant does not respond to the Statutory Demand then we can serve bankruptcy proceedings if the Defendant is an individual or a petition for winding up if the Defendant is a company.
  • The Court will then appoint an Insolvency Practitioner to oversee the bankruptcy or winding up proceedings to dissolve the Defendant’s assets to pay the debt owed. This can take several months as the assets need to be realised before the client’s debt can be paid.

If you would like to arrange an appointment to discuss your requirements, please don’t hesitate to contact us.

Employment Law

In relation to the employment law we provide services for both employers and employees.  This includes:

  • Advice on Settlement Agreements
  • Employment Tribunal Representation and Advice
  • Drafting and revising Contracts of Employment
  • Drafting Employee Handbooks or Policies and Procedures
  • Drafting and revising agreements for self employed workers (individual or corporate)
  • Advice re: disciplinary or grievance related proceedings regarding the following:
    • Contractual disputes
    • Discrimination
    • Bullying and harassment at work
    • Public interest disclosure (whistleblowing)
    • Equal pay, wages and working time regulation
    • Unfair or wrongful dismissal
  • Advice regarding managing sickness absence (short and long term)
  • Advising regarding managing family rights:
    • Maternity, paternity, adoption leave
    • Shared paternity leave
    • Flexible working
  • Advising on rights and obligations under Transfer of Undertakings (TUPE) and drafting documents in relation to thereto
  • Advising regarding redundancies

Our Legal Charges

Our employment department charges on an hourly basis, from £180 plus VAT (for a Trainee Solicitor), £200 plus VAT (for a Solicitor) and £220 plus VAT (for a Senior Solicitor).

Our legal charges for each matter will range depending on the complexity of each case and at what stage of the tribunal process we are instructed. If we are instructed from the outset (i.e. from Early Conciliation) to the conclusion of an Employment Tribunal trial, our fees will usually range from £2,000 – £15,000 plus VAT (at 20%).

We can advise clients on an ad hoc basis if needed at various stages of the Employment Tribunal process – for example, if the client wishes us to prepare and submit the Early Conciliation Notification form on their behalf.

Potential Disbursement Costs  

Likely disbursements can include the Court fee which is either £160 or £250 depending on the type of claim, Counsel’s fees and on occasion a Medical Expert’s fee if the case relates to returning to work, long term sick, or disability and a Medical Expert is required.

Counsel’s fees vary based upon the complexity of the case. Counsel’s fees are likely to be in region of £500 to £7,000 plus VAT depending if it is just advice on an ad hoc basis or more extensive Counsel involvement such as representation and trial.

Key Stages and Anticipated Timescales 

If Wadsworths are instructed to bring a claim on behalf of either an Employer or Employee from start to finish this would include the following key stages:

  • EARLY ACAS CONCILIATION – this usually lasts 4 weeks. This includes taking the client’s initial instructions, submitting an Early Conciliation Notification form and then with ACAS in relation to the potential dispute. ACAS act as a mediator between the Employee and the Employer during this stage to see if an agreement can be reached without having to issue a claim at Employment Tribunal.
  • BRINGING A CLAIM/THE RESPONSE – If Wadsworths are acting on behalf of the Claimant then we would at this stage draft the ET1 form to start the claims process with the Employment Tribunal against the Respondent. If Wadsworths are acting for the Respondent then we would receive the ET1 from the Claimant or their Solicitors and would file the Response (ET3) within 28 days of receipt.
  • THE SIFT – After the response has been accepted, the case will be refereed to an Employment Judge to consider next steps from the papers submitted. The Judge will consider whether any parts of the claim should be struck out and would write to the parties accordingly. Wadsworths would deal with any enquiries raised by the Judge on behalf of the either the Claimant or Respondent.
  • RESPONSE FROM TRIBUNAL – Directions – The Judge will set a hearing date with a timetable of directions setting out what needs to be done and when by both parties. We would advise our client of this timetable and ensure all documentation is submitted in accordance with the Judge’s directions.
  • PRELIMINARY HEARING – This is to clarify the issues of the claim at hand. The parties will seek to agree the appropriate directions with dates. The parties will look to list the matter for trial. If appropriate the parties will consider judicial mediation which is usually offered by the tribunal for cases lasting 4 days or more (more complex cases). The Judge will ask the Claimant to provide a Schedule of Loss. We assist Claimants in preparing Schedules of Loss based upon their circumstances and how much loss they have incurred as a result of the Respondent’s actions.
  • DISCLOSURE AND INSPECTION – Both parties send to one another a bundle of documentation relevant to the case. The other side may request copies of documents for “inspection” which means they are asking for copies of the documents that have not been provided by the other party. There are strict deadlines for disclosure and inspection and therefore we assist clients in preparation of these bundles to ensure that the deadlines are met.
  • WITNESS STATEMENT – each person that intends to give evidence at the Tribunal must prepare a Witness Statement. It must usually be exchanged before the hearing. We assist clients in drafting Witness Statements and ensuring that they meet the proper court format.
  • TRIAL PREPARATION – This includes a pre-trial conference which is often helpful for the witnesses to meet with the person representing them in advance. It also may include negotiation as settlement can occur at any time. We assist clients in negotiating with the other side to ensure that the client’s needs are being met and advising on any offers received.
  • TRIAL – The length of the Trial will vary from case to case. We assist clients with representation at Trial alongside Counsel.

For a more detailed quote or to arrange an appointment, please contact us.

Family Law

Family law is often complex. At Wadsworths Solicitors, we can assist you to separate the emotional difficulties involved with relationship breakdown from the practical issues that must be addressed. Faced with what can be complex issues, our aim is to make the process as efficient and non-confrontational as we can for you.

We can assist with:-

  • Divorce Law

  • Separation Agreements

  • Financial Remedy

  • Clean Break Orders

  • Help with Children issues (Child Arrangement Orders)

  • Civil Partnership Dissolution

  • Cohabitation

  • Mediation

  • Annulment

  • Domestic Violence issues

If you would like to arrange an appointment with a member of our Family Law Department in order to discuss your requirements, please don’t hesitate to contact us.

Lasting Powers Of Attorney

More and more people are now, when making or amending their Will, also creating a Lasting Power of Attorney (LPA). An LPA is a document in which a person can set out their desires, both in terms of finances, and their health and wellbeing, should they lose mental capacity for any reason.

It is unfortunately a sad reality of life that while we are all living longer, the prevalence of dementia, Alzheimer’s Disease and strokes is increasing, meaning there may come a time when we are unable to manage our own affairs.

An LPA nominates a person, which is usually either a family member or friend, to act as your ‘Attorney’ should you no longer be capable of managing your affairs. In such an event, the Attorney is able to register the LPA with your bank, and various other organisations, and will be able to handle your finances, pay bills and do all of the other day to day tasks that you are no longer able to do.

It is also possible to set out in an LPA your desires for your future medical treatment – there may be certain procedures, or outcomes that you do not wish to have to endure – setting these out in an LPA ensures that your wishes in this regard will be honoured, even if you are no longer able to express those wishes yourself.

The important aspect of LPAs is that they must be made while you still have mental capacity. They cannot be made once a person becomes incapable. As such, at Wadsworths we advise all clients, however old and in whatever state of health, to consider making an LPA, to ensure that should the worst happen and mental capacity is lost, their wishes are already recorded and will be honoured.

We keep these prices deliberately low in the hope of encouraging people to make LPAs – rather like Wills, they can often be put off, or thought of as being something unnecessary at the present moment – but it is often the case that when they are really needed, when mental capacity begins to deteriorate, it is too late to take one out.

We also offer an entirely free, no obligation LPA review service, to discuss your circumstances and whether an LPA would be of benefit to you.

PRICE GUIDE*

1 Lasting Power of Attorney with Registration = £300 plus VAT

2 Lasting Power of Attorney with Registration = £500 plus VAT

3 Lasting Power of Attorney with Registration = £650 plus VAT

4 Lasting Power of Attorney with Registration = £750 plus VAT

Home Visit Fee – £50 plus VAT

(*Prices correct as at 1 July 2020.  VAT is currently charged at 20%)

Please note that the above fees do not include the Office of the Public Guardian Registration fee of £82 per document)

THE TEAM

Please visit “meet our team” to find out more about our LPA team.

Personal Injury Claims

Have you been injured in an accident that wasn’t your fault? If so, you could be entitled to compensation…

We understand that being injured is often a very difficult and stressful time. That’s why here at Wadsworths Law we make claiming the compensation you deserve easy! With our totally free service we help thousands of injured people every year with their accident claims. Our aim is to remove the stress out of claiming by doing all the work for you.

There are NO loans to pay, NO credit agreements to sign and NO third party payments of any kind. One phone call to our friendly team of advisors is all it takes. Remember, Wadsworths Law guarantee – you pay nothing, win or lose.

To find out whether you are entitled to receive compensation for an injury you have suffered, please complete our online claim form using the link below.

If you would like any further information pertaining to Personal Injury matters please do not hesitate to contact us.

Probate

Wadsworths Solicitors offer a full estate administration service. Our specialist Probate Lawyers can assist you with every aspect of a person’s estate.

This assistance might include making initial enquiries, dealing with the payment of an Inheritance Tax liability, obtaining a Grant of Probate and distributing assets.

The purpose of this page is to help you understand the costs involved in dealing with a person’s estate.

FULL ADMINISTRATION OF ESTATE

It is common for Wadsworths Solicitor to assist an Executor in administering every aspect of a person’s estate. This would include making, initial enquiries with banks, building societies and other third parties associated with the deceased. We would also assist the Executor in obtaining a Grant of Probate and then distributing the deceased’s assets as per the terms of their Will or if they don’t have a valid Will in line with the Intestacy Provisions of England and Wales.

On average this entire process takes between 12 and 40 hours’ work at £200 per hour, plus VAT (£240.00 inc VAT).

Total costs estimated at £2,500 to £7,500 plus VAT (£3,000 to £9,000 inc VAT).

The exact cost will depend on the individual circumstances of the matter.

The estimate given is for estates where:-

• There is a valid Will
• All Executors are in agreement
• There is a single property
• There is no inheritance tax payable and the Executors do not need to submit an Inheritance Tax Account to HMRC
• There are no claims made against the estate

We anticipate that the following disbursements (payments to others) will be payable on a typical estate:

• Probate application fee of £155 plus £1.50 per copy Grant required (no VAT charged)
• Bankruptcy-only Land Charges Department searches (£2 per beneficiary) (no VAT charged)
• £80-200 (inc VAT) Statutory Notices to creditors (these protect against unexplained claims from unknown creditors)

The fee quoted above may be increased if it is found that the estate contains any of the following:

• If there is no Will
• If the estate consists of any share holdings (stocks and bonds),
• If the estate consists of investments
• If there are a higher number of beneficiaries (or the whereabouts of a beneficiary is unknown),
• If there are multiple properties or foreign assets,
• If the deceased made substantial lifetime gifts or had an interest in a trust,
• If the Will contains a trust

We can give you a more accurate quote once we have more information.

TIMESCALES

On average, simply estates that do not include any of the additional problems outlined above can be dealt with within 6 -12 months.

It is common for a Grant of Probate to be received within 8 – 14 weeks after we have obtained all of the necessary information.

We strive to have liquid assets collected within 6 – 10 weeks of the Grant being obtained.

The distribution of the estate after approval of the estate accounts generally takes 2-3 weeks.

OBTAINING A GRANT OF PROBATE

Wadsworths Solicitors also offer a fixed-fee service where we obtain the Grant of Probate on behalf of an executor.

Once the Executor has provided us with the relevant information we can then prepare the Inheritance Tax return and Legal Statement that will be sent to the Probate Registry.

The Executor then undertakes the process of collecting in and distributing the assets.

Our fees start at £1000+VAT and depend upon which HMRC forms need to be completed and whether there is any Inheritance Tax payable.

HMRC Form IHT205 only

• 1000+VAT (£1,200 inc VAT)
• Value of estate is less than £325.000 or less than Lim and spouse/charity exemption applies.

HMRC Forms IHT205 & IHT2l7

• £1500+VAT (£1,800 inc VAT)
• Value of estate is less than £650,000 and 100% of Inheritance Tax Nil Rate Band of first spouse is available to transfer.

HMRC Inheritance Tax Account IHT400 (all other scenarios)

• £2,000 to £2,500+VAT (£2,400 to £3,000 inc VAT)

Disbursements (payments to others) also payable:

• Probate application fee of £155 plus £1.50 per copy Grant required (no VAT charged)

TIMESCALES

Obtaining the Grant of Probate typically takes 8 – 14 weeks.

If an Inheritance Tax Account IHT400 is required and/or Inheritance Tax is payable, we will need to obtain clearance from HMRC before our application can be sent to the Probate Registry, this will add a further 4 – 6 weeks to the timescale.

THE TEAM

Please visit “meet our team” to find out more about our Probate team.

Residential Conveyancing

Wadsworths have been assisting generations of clients to buy and sell their properties since 1986.

We are experts in both the field of property law, and also the local property market. We have excellent links with all of the major estate agents, as well as all of the other, local Solicitors.

As such, we are able to draw on this experience to provide a personal and dedicated service to all of our conveyancing clients and to do everything possible to ensure that the process runs smoothly and successfully.

Whether you are a first time buyer or a property developer, we have experience in acting for people just like you, and are able to tailor our service to suit you.

We also fully appreciate that, whatever type of property owner or purchaser you are, the conveyancing process can be very stressful. We pride ourselves on being able to minimise that stress, and we do everything we can to try to ensure that matters run smoothly and simply for you.

We offer fixed fee services for most conveyancing services, and prior to your instructing us we will have provided our estimate, for you to agree. That way, you will neither incur any fees before the transaction commences, nor will you be hit with any additional costs that you weren’t expecting.

In some cases, it is not possible to provide a fixed fee for the service, for example if there are uncertainties about what will be involved. In those circumstances, we will give you an estimate of costs, which will not be exceeded without your express permission.

Like with all of our work, our dedication to customer service is what we hope you will take away from dealing with us and also what we hope will set us apart from our competitors.

RESIDENTIAL CONVEYANCING LEGAL FEES PRICE GUIDE

Every legal transaction is unique, however in general our current fees fall within the following ranges (prices correct as at 28 June 2021):

Sale of Freehold Property: £900 – £1,600 plus VAT
Sale of Leasehold Property: £800 – £3,000 plus VAT
Purchase of Freehold Property: £950 – £1,750 plus VAT
Purchase of Leasehold Property: £900 – £3,250 plus VAT
Remortgage: £800 plus VAT
Transfer of Equity/Assent: £800 plus VAT
Remortgage and Transfer of Equity: £1,000 plus VAT
Purchase of Freehold: £800 plus VAT
Lease Extension: £800 plus VAT
Equity Release: £750 plus VAT

Additional Fees

Purchase of New Build Property: As above plus £250 plus VAT
Help to Buy Mortgage: £200 plus VAT
Help to Buy ISA: £60 per ISA plus VAT

For a more guaranteed price please contact us and we will provide you with a detailed estimate.

Please note, prices shown above exclude disbursements (see below for further information) and VAT is currently charged at 20%.

**The legal fees stated above include us carrying out the following work on your behalf:**

WITH REGARD TO YOUR SALE

  • Checking the title to your property
  • Providing title information to the buyer’s solicitor and drafting the Contract and submitting the Contract and all relevant documentation to the buyer’s solicitor
  • Dealing with any pre-contract enquiries
  • Dealing with any mortgage lender with a charge registered against the property or any other bodies with an interest in the property
  • Dealing with any enquiries received from the buyer’s solicitors
  • Exchanging contracts
  • Approving the draft transfer on your behalf
  • Completing the matter
  • Discharging any mortgages registered against the property

WITH REGARD TO YOUR PURCHASE

  • Checking the seller’s title
  • Raising appropriate enquiries before contract and reviewing the seller’s replies
  • Making searches with the local authority and other information providers in accordance with your instructions and the instructions of any lender
  • Reviewing and if necessary amending the contract and any associated documents
  • Advising you about the results of searches, replies to our enquiries and the terms of the Contract and any associated documents
  • Complying with the instructions of your mortgage lender if you are having a mortgage
  • Exchanging contracts
  • Making appropriate pre-completion searches and completing the matter
  • Making the appropriate return to HM Revenue & Customs for the purposes of Stamp Duty Land Tax (SDLT) and on receipt of the signed SDLT Return Form submitting the same to HM Revenue and Customs
  • On receipt of any SDLT monies due from you, arranging for the same to be paid to HM Revenue and Customs on your behalf
  • Registering your ownership and any mortgage at the Land Registry

DISBURSEMENTS PRICE GUIDE

Disbursements arise where a payment is made on behalf of a client to a third party for which reimbursement is sought from the client.

The typical Conveyancing disbursements incurred during a sale of a property include £3.00 per title and £3.00 per title plan, any additional documents from the Land Registry are charged at £3.00 per document.

All conveyancing disbursements incurred when purchasing a property include search fees such as local authority, environmental and water searches which total to around £350.00. Additional searches may be required but we will advise you of the cost of the search before requesting the same. Most additional searches are around £40.00 and may include a flood, ground stability, energy or planning reports.

We charge a fee of £10.00 for chancel indemnity insurance along with £60.00 for completing the Land Transaction Return.

H M Land Registry charges are dependent on the purchase price and value between £20.00 to £910.00 for a registered property and between £40.00 to £910.00 for an unregistered property.  The Stamp Duty that you will to have pay will be in accordance with the legalisation laid out by the Government at that time. We will also charge a telegraphic transfer charge for transferring monies and the fee for this £38.00.

All prices are subject to change dependant on various factors including property value. For an up to date and no obligation quote, please click here.

HOW LONG WILL THE CONVEYANCING PROCESS TAKE?

Unfortunately, no one can predict the exact time a conveyancing transaction will take. The length of the chain (i.e. how many properties are involved), the type of transaction and the speed of other parties in responding to and submitting paperwork will all affect the process. For a straightforward transaction, completion should usually take place within 6-8 weeks of instruction, however this can never be guaranteed.

THE TEAM

Our Residential Conveyancing Department consists of Gemma Dempsey (Conveyancer, Head of Conveyancing and Director), Alexandra Tait (Solicitor and Director), Gail Butler (Legal Executive) and their supporting admin team of; Carol Wadsworth, Laura Staines, Nicole Walker, Margaret Conibear and Sarah Brotherton.  The department is supervised by John Wadsworth.  Please visit “meet our team” to find out more.