Insolvency Practitioners in London
707 High Road, Finchley
Niorth Finchley
N12 0BT
Landline: 07956 9... 07956 904537
We are a firm of solicitors with offices in Central London (32 Bloomsbury Street, WC1) and North London (Finchley N12).
Our charges are competitive and reasonable.
Please contact us for an initial discussion at no charge to be followed by a fixed fee meeting or telephone conference to discuss the matter in more details.
If urgent we can see you on the same day.
Areas of work in this field include;-
a) Bankruptcy annulments
b) The defence of statutory demands
c) The defence of bankruptcy petitions
d) The defence of winding up petitions
e) The defence of claims by Trustees in Bankruptcy
f) The Defence if claims by liquidators
g) The defence of income order applications/agreements
h) The defence of applications for a bankruptcy restriction order
i) The defence of an application for a director disqualification order
j) The family home following bankruptcy.
We have particular experience in defending claims by the Revenue and the Local Authority (in respect of council tax).
Immediate adjoining areas to our offices which we serve (public parking is absolutely no problem near to our Finchley Office), include,;-
Central London Office. Covent Garden (WC2), Bloomsbury and Russell Square (WC1). Holborn (WC1, EC1, and WC2), Farringdon (EC1.),Clerkenwell (EC1), Islington (N1 and N7), Hoxton (N1), Barbican (EC2 ), Camden (NW1), Finsbury (EC1). Lincoln's Inn (WC2), Gray's Inn (WC1), Kings Cross (NC1) and the City of London (EC2, EC3 and EC4). Tottenham Court Road and Oxford Street (W1) and St James and Mayfair (SW1), and St Johns Wood (NW8).
Finchley Office. Finchley Central (N3), New Southgate (N11), Southgate (N14), Woodside Park (N12), Torrington Park (N12), Whetstone (N20), Hendon (NW4), Totteridge (N20), High Barnet (EN5), East Barnet (EN4), Friern Barnet (N11), Golders Green (NW11), Temple Fortune (NW11), Mill Hill (NW7), Muswell Hill (N11), Highgate (N6), Hampstead Garden Suburb (N2), Hampstead (NW3), Palmers Green (N13), and Borehamwood and Elstree (WD6).
We can react very quickly..
Our charges are reasonable.
Please contact us.
We can also introduce you to a specialist broker if insolvency finance is required- which is in fact normally the case.
We are regulated by the Solicitors Regulation Authority. Our Registration Number is 511934
We are a firm of solicitors with offices in Central London (32 Bloomsbury Street, WC1) and North London (Finchley N12).
Our charges are competitive and reasonable.
Please contact us for an initial discussion at no charge to be followed by a fixed fee meeting or telephone conference to discuss the matter in more details.
If urgent we can see you on the same day.
Areas of work in this field include;-
a) Bankruptcy annulments
b) The defence of statutory demands
c) The defence of bankruptcy petitions
d) The defence of winding up petitions
e) The defence of claims by Trustees in Bankruptcy
f) The Defence if claims by liquidators
g) The defence of income order applications/agreements
h) The defence of applications for a bankruptcy restriction order
i) The defence of an application for a director disqualification order
j) The family home following bankruptcy.
We have particular experience in defending claims by the Revenue and the Local Authority (in respect of council tax).
Immediate adjoining areas to our offices which we serve (public parking is absolutely no problem near to our Finchley Office), include,;-
Central London Office. Covent Garden (WC2), Bloomsbury and Russell Square (WC1). Holborn (WC1, EC1, and WC2), Farringdon (EC1.),Clerkenwell (EC1), Islington (N1 and N7), Hoxton (N1), Barbican (EC2 ), Camden (NW1), Finsbury (EC1). Lincoln's Inn (WC2), Gray's Inn (WC1), Kings Cross (NC1) and the City of London (EC2, EC3 and EC4). Tottenham Court Road and Oxford Street (W1) and St James and Mayfair (SW1), and St Johns Wood (NW8).
Finchley Office. Finchley Central (N3), New Southgate (N11), Southgate (N14), Woodside Park (N12), Torrington Park (N12), Whetstone (N20), Hendon (NW4), Totteridge (N20), High Barnet (EN5), East Barnet (EN4), Friern Barnet (N11), Golders Green (NW11), Temple Fortune (NW11), Mill Hill (NW7), Muswell Hill (N11), Highgate (N6), Hampstead Garden Suburb (N2), Hampstead (NW3), Palmers Green (N13), and Borehamwood and Elstree (WD6).
We can react very quickly..
Our charges are reasonable.
Please contact us.
We can also introduce you to a specialist broker if insolvency finance is required- which is in fact normally the case.
We are regulated by the Solicitors Regulation Authority. Our Registration Number is 511934
Notes by Lawrence Rodkin (Partner)
SIMONS RODKIN LITIGATION SOLICITORS
LITIGATION FUNDING
These notes set out some issues in relation to costs of litigation claims and the funding options of litigation claims.
I considered these are important points to discuss (rather than setting out the type of work which my firm undertakes), because potential clients are always worried about legal costs. Cost funding issues need to be overcome before instructions can be provided.
Time Costs and Fixed Prices
Lawyers normally charge on a time spent basis and provide an hourly charge rate. For some commercial/conveyance transactions fixed priced costs can be agreed. It is very difficult to agree fixed prices for litigation work due to the difficulty in predicting the amount of work that will be required. This will depend upon various matters, such as the detail of the other party in defending the claim, as well as the relevant emails and other material which may be very extensive.
Time costs can be very expensive on the part of opposing solicitors.
Ways of keeping costs within reasonable limits.
1. Junior Lawyers
There are a number of ways to keep the price of litigation down. The first way is to instruct newly qualified lawyers/trainee barristers to undertake the relevant work at an agreed daily/half day charge rates. Relevant work includes preparation of trial bundles or disclosure lists which may take quite a number of hours to undertake. The indexing and numbering of documents can be particularly time consuming, and hence the usual delegation of such work to junior lawyers to save costs. The use of this method can seriously reduce costs, but should be used only in relevant cases where the junior lawyer can be properly supervised.
The use of junior lawyers may save considerable legal costs.
2. Budgets
The second method to keep costs down is to have a budget. Prior to starting litigation we always provide an estimate of costs which will be our estimated budget for the proceedings. The budget will always be discussed with the clients and if the proposed budget is too high it is possible to agree how to undertake the case within the clients own required budget.
However if the client suggests a figure which is too low to run the case properly, we reserve the right to turn away the instructions.
It is important to realize that participating in litigation can be a worthwhile exercise if reasonable budgets are agreed.
It may be possible to endeavor to meet required budgets, again, through the use of junior lawyers to undertake part or parts of the work.
As a comfort measure, it is possible to agree a costs authority for fees for certain cases. We are normally reluctant to agree to this as in litigation much work can be required to be undertaken at very short notice, particularly in relation to court hearings/ appointments.
3. Adverse Costs
If a litigation case is lost this is very bad news as it can lead to an adverse cost order. This means the other side can claim their costs from you. It is fairly easy for the other side's legal costs to have run in the tens of thousands of even over one hundred thousand plus in large cases. Generally, not all costs are recoverable by the successful party – normal recoverability is between 60% and 80%.
It is possible to protect a client against an adverse costs order by three devices;-
Small claims jurisdiction - By initially limiting the claim to the small claims jurisdiction. The small claims track has a limit for claims to a maximum of £10,000 and within this jurisdiction only limited costs are generally recoverable. Such limited costs include court fees, expert fees and the costs of witnesses attending the hearing to give evidence.
Accordingly if you are only claiming a small amount under £10,000 you can largely avoid adverse risk exposure.
However I will add a word of warning, if a party conducts a case unreasonably then costs can be awarded against the unreasonable party even in the small claims jurisdiction.
A claim will be considered unreasonable by the courts if the claim has no merits or the defence of a party has no merits. The Court also views a party not complying with court orders etc as acting in an unreasonable manner.
Legal Cost Insurance – A person can also protect him/herself from legal costs by taking out insurance. Insurance can be taken out pre or post litigation.
A person can take out insurance pre litigation usually under a home contents or business contents insurance. However pre insurance cover can be quite difficult to secure in a home content or business content policy. You normally would have to support an application for insurance cover with a favorable Counsel's opinion. Insurance companies also often require/encourage that you use a solicitor of their choice. However once proceedings have been issued you have a statutory right to choose your solicitor. To try and deter the use of outside solicitors insurers often offer very low rates to outside solicitors. However I am generally successful in challenging specified fees through the Ombudsman. We are very experienced in securing cover for insurance policies. This is generally difficult and we need to know what we are doing and be persistent. Insurance companies solicitors are usually in my experience are very junior and carry a heavy workload. Due to their pressure of work they can be at times a little slow to prosecute a claim.
Alternatively a person can acquire an insurance policy after or at the commencement of litigation. This is known as an after the event insurance policy. ATE policies can be relatively expensive, normally a third of the cost insured. They also generally require that the opponent is credit worthy or is covered by their own insurance policy and that you have a written Counsels opinion that you have a 60 percent plus chance of winning your case. Cost protection can also be protected under Part 36 of the Civil Procedure Rules. If the offer is not beaten at trial, the other side will be required to pay costs 21 days from the date of the offer as well as being liable for a 10 percent additional payment. In relevant cases, enhance interest can also be claimed.
No win no fee - There are two types of no win no fee agreements, the Conditional Fee Agreement (CFA) and the Damages Based Agreement (DBA).
A CFA is where there is a successful uplift. Only the basic costs may be recovered from the other party under the current rules of costs. If the case is lost, there are no solicitor's fees – only out of pocket imbursements. However, if the case is won an enhancement will be added to the fees, which is typically between 25 and 100 percent. The enhancement cannot be recovered from the opponent, and so will be deducted from any damages recovered. There is normally a cap of about 33 percent of the amount of damages, subject to the success fee. If you lose the case you pay nothing save for your expert fees and out of pocket disbursements.
A DBA is when we agree a percentage of the damages will be taken in legal costs; this is usually about a third. Like with a CFA basic costs are recoverable under an adverse cost order and the percentage of damages we receive is an extra on top of that.
Settling a Case
The various litigation risks and the cost of litigation is why cases settle and it is fairly normal for cases to settle. The reason for this is there is no way to guarantee a person that they will win their case (a barrister will not usually give more than a 70% chance of successes) and even if a party wins they normally have unrecovered legal costs whilst if they lose not only will they have to pay the judgment debt but usually two sets of legal costs due to an adverse cost order.
Mediation
Mediation is a common method of settling proceedings. It involves an independent person, normally a lawyer trying to procure a resolution of a case at a meeting. There are normally joint and separate sessions with the mediator at the appointment. Mediation is a very effective way of settling a case. It is very rare for me to leave a mediation meeting without settling a case. If the case does not settle at the mediation appointment, there is a very good chance that it will settle within a few weeks once the parties have has the chance to reflect on their legal positions.
Pre-Action Protocol Procedure
This is mandatory prior to issuing proceedings. This involves a letter of claim sent in a prescribed format to the opponent. This usually requires a fairly detailed letter setting out the basis of the claim and the remedy/ remedies sought, along with other supporting documentation. The opponent will need to reply with a letter of response setting out in detail why they dispute the claim, and also provide any offers of settlement on a without prejudice basis. The Court rules also require the parties to consider mediation after the receipt of the letter.
I hope that these notes have been informative. I will be very willing to clarify any issues after the meeting.
Lawrence Rodkin (Partner)
SIMONS RODKIN LITIGATION SOLICITORS
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SIMONS RODKIN LITIGATION SOLICITORS
32 BLOOMSBURY STEEET, WC1
707 HIGH ROAD, FINCHLEY, N12
Telephone Numbers
0207 112 8841 (Central London Office)
0208 446 6223 (North London, Finchley Office)
Immigration Law, Visa Applications. Immigration Appeals, Employment Law & Settlement Agreements, Landlord and Tenant & Property Disputes, Tenant Evictions, Business Lease Disputes, Disrepairs, Commercial Law, Commercial Agreements, Building and Construction Disputes, and Mortgage Repossession.
We are a firm of solicitors with offices in Central London (32 Bloomsbury Street, WC1) and North London (Finchley N12).
Please telephone to discuss your matter at no charge. If you wish we can then proceed to a fixed fee meeting or telephone conference to discuss the matter in more details.
We have 12 fee earners, - 3 of whom are barristers Kevin Harris (- employment law), and George Patros and Andre Vasilescu (- landlord and tenant and property law. George in particular has a surveying degree).
Areas of work undertaken include;-
a) Employment Law Claims, Settlement Agreements (also known as Compromise or Severance Agreements), restrictive covenants/ non Competition Covenants, unfair dismissal, unfair selection for redundancy, discrimination claims, the defence of disciplinary charges and investigations, stress at work issues, sickness absences, maternity leave and maternity law rights, excessive workloads, or hours of work, and work grievances, bully and harassment in the workplace, disciplinary and grievance appeals,
b) Partnership Company and Commercial Disputes,
c) Bankruptcy and Insolvency , (including bankruptcy annulment, the defence of statutory demand, the defence of bankruptcy petitions, the defence of claims by liquidators and trustees in bankruptcy, the defence of income payment order applications, the defence of bankruptcy restriction applications, the family home following bankruptcy, advice in relation to removal of automatic bankruptcy discharge. (We can introduce you to a specialist broker if you require insolvency finance).
d) Property Disputes, Service Charge Disputes, Landlord and Tenant, Rent Arrears, Tenant Eviction, Repossession, and Disrepairs, Immigration Applications and Appeals
e) Building and Construction Disputes
f) debt collection
g) the bringing and defence of legal claims
h) Immigration and Nationality, Immigration Appeals, Nationality Applications, Visa Applications
I) Mortgage Repossession. (We can introduce you to specialist broker if you require relevant finance).
We have a wealth of experience dealing with these issues. Please see our website.
We have a number of articles upon our website including in relation to settlement agreements and bankruptcy.
We can react very quickly and can see you on the same day if your matter is urgent.
We are regulated by the Solicitors Regulation Authority. Our Registration Number is 511934
Immediate adjoining areas to office which we serve (public parking is absolutely no problem near to our Finchley Office), include,
Central London Office. Covent Garden (WC2), Bloomsbury, Brunswick Square, and Russell Square (WC1). Holborn (WC1, EC1, and WC2), Farringdon (EC1.),Clerkenwell (EC1), Islington (N1 and N7), Hoxton (N1), Barbican (EC2 ), Camden (NW1), Finsbury (EC1). Lincoln's Inn (WC2), Gray's Inn (WC1), Kings Cross (NC1) and the City of London (EC2, EC3 and EC4), West End, Tottenham Court Road, Oxford Circus, Oxford Street, Bond Street, Marble Arch, Fitzrovia, Soho (W1), Great Portland Street, Baker Street, Marylebone, Euston, Kings Cross, Regents Park (NW1), Piccadilly, Mayfair, St James's, Westminster, and Pimlico (SW1), Bayswater, Edgware Road, Paddington, Bayswater and Hyde Park (W2) Camden Town, Somers Town, Primrose Hill, Belsize Park and Swiss Cottage (NW1 and NW3), Elstree and Borehamwood WD6, Potters Bar (EN6), and Enfield (EN1)
Finchley Office. Finchley Central (N3), New Southgate (N11), Southgate (N14), Woodside Park (N12), Torrington Park (N12), Whetstone (N20), Hendon (NW4), Totteridge (N20), High Barnet (EN5), East Barnet (EN4), Friern Barnet (N11), Golders Green (NW11), Temple Fortune (NW11), Mill Hill (NW7), Muswell Hill (N11), Highgate (N6), Crouch End (N8) Hampstead Garden Suburb and East Finchley (N2), Hampstead (NW3), Palmers Green (N13), Borehamwood and Elstree (WD6), and West Hamstead, Kilburn, Queens Park and Finchley Road (NW6)
Other areas served include
N1 Barnsbury
N1 Canonbury
N1 Finsbury
N1 Hackney
N1 Islington
N1 Shoreditch
N1 St. Pancras
N2 East Finchley
N2 Hornsey
N3 Finchley
N3 Finchley Central
N3 Finchley Church End
N4 Finsbury Park
N4 Hornsey
N4 Islington
N4 Manor House
N4 Stoke Newington
N5 Highbury
N5 Islington
N5 Tottenham
N6 Hampstead
N6 Highgate
N6 Hornsey
N6 St. Pancras
N7 Holloway
N7 Islington
N8 Crouch End
N8 Hornsey
N8 Islington
N8 Tottenham
N9 Lower Edmonton
N10 Hornsey
N10 Muswell Hill
N10 Wood Green
N11 Friern Barnet
N11 New Southgate
N12 North Finchley
N12 Woodside Park
N13 Palmers Green
N14 Islington
N14 Southgate
N14 Tottenham
N15 Seven Sisters
N15 South Tottenham
N16 Hackney
N16 Islington
N16 Stamford Hill
N16 Stoke Newington
N17 Tottenham
N18 Upper Edmonton
N19 Archway
N19 Islington
N19 St. Pancras
N19 Tufnell Park
N19 Upper Holloway
N20 Totteridge
N20 Whetstone
N21 Winchmore Hill
N22 Alexandra Palace/Park
N22 Tottenham
N22 Wood Green
NW1 Camden Town
NW1 Regent's Park
NW1 St. Marylebone
NW1 St. Pancras
NW2 Cricklewood
NW2 Dollis Hill
NW2 Hampstead
NW2 Hendon
NW2 Neasden
NW2 Willesden
NW2 Willesden Green
NW3 Belsize Park
NW3 Brent Cross
NW3 Finchley
NW3 Hampstead
NW3 Hendon
NW3 St. Pancras
NW3 Swiss Cottage
NW4 Brent Cross
NW4 Hendon
NW5 Hampstead
NW5 Hendon
NW5 Kentish Town
NW5 St. Pancras
NW6 Brondesbury Park
NW6 Kilburn
NW6 Paddington
NW6 Queens Park
NW6 South Hampstead
NW6 West Hampstead
NW6 Willesden
NW7 Mill Hill
NW8 Hampstead
NW8 St. John's Wood
NW8 St. Marylebone
NW9 Colindale
NW9 Hendon
NW9 Kingsbury
NW9 The Hyde
NW10 Acton
NW10 Hammersmith
NW10 Harlesden
NW10 Kensal Green
NW10 Kensal Rise
NW10 Wembley
NW10 Willesden
NW11 Finchley
NW11 Golders Green
NW11 Hampstead Garden Suburb
NW11 Hendon
SE1 Bermondsey
SE1 Borough
SE1 Camberwell
SE1 Lambeth
SE1 Southwark
SE1 Waterloo
SE1 Woolwich
SE2 Abbey Wood
SE2 Erith
SE2 Woolwich
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