All cases differ. We aim to approach any litigation in a commercial manner. At the outset of every case we will give you the best estimate we can as to the likely costs. We will also discuss with you the funding options that may be available. If you have legal expense cover we will apply to your legal expense insurers for them to assist with payment of your legal fees.
If you are funding the case privately, we will discuss our hourly rates with you and agree these in advance. We will also agree not to exceed any cost estimate without your express permission. We will also ask for your prior authority to incur any disbursements on your behalf.
We can also arrange for monthly budgeting and payment on account of costs to spread the burden of the cost over the duration of the case. Our aim is to provide transparent costs advice and we will ensure that we deal with your case in a sensible and cost effective manner.
In normal circumstances, if your claim is successful, the Court will order your opponents to pay a large contribution towards your legal costs. We would normally expect to recover a substantial proportion of the costs incurred on your behalf and will advise you at the time of any settlement as to your likely contribution towards legal fees so that you are fully informed when a decision is made to settle the claim.
If the claim has a value of less than £5,000 the case will normally be assigned to the small claims track of the County Court. Save in exceptional circumstances, the Court will make no order as to legal costs and you will be liable to pay your own legal costs even if your claim is successful. We will provide you with a detailed estimate of such costs so that you are aware of the likely costs prior to any proceedings being commenced.
If your claim is unsuccessful, or if you unsuccessfully defend any claim against you, you will be liable to pay all of your own legal costs and a substantial contribution towards the winning parties costs.
Costs are a fundamental issue in any litigation and we will ensure that we provide you with considered advice as to the risks of any litigation at all stages, so that you can make a fully informed decision as to whether the claim should proceed or whether any claim against you should be defended.
Each case is different. The value of the claim will dictate how the Court allocates the case within the Court system. Cases with a value of £15,000 or less will be allocated to the Fast Track within the County Court System. Normally, such cases will take approximately 12 months.
More complex cases, or cases where the evidence is likely to take more than one day of the Courts time, will be allocated to the Multi-Track system. These cases are actively case managed by the Judge and the parties will be encouraged to proceed with the claim/defence as quickly as possible. These cases generally take longer than 12 months. We will advise you as to the likely duration of your case at an early stage as this will help you consider other options of alternative dispute resolution which may be open to you.
If your case is one of extreme emergency, eg where an injunction is necessary, the matter can be placed before the Courts within a very short time-scale.
In any Court proceedings, the Court normally requires the relevant witnesses to give oral evidence at any trial. Prior to any trial you will be required to provide the Court with a detailed written witness statement and you will be questioned on that statement at any trial.
It is important that you indicate at an early stage the witnesses who will be supporting your case so that their witness evidence can be obtained in the event that they may move away, fall ill or for any other reason are unable to attend Court.
If your claim is successful and the losing party fails to honour any Court Judgement or Costs Order, enforcement action will have to be taken. We will try and establish at an early stage of the case, the financial position of your opponent.
You can help us in providing any financial information that you are aware of.
In the majority of the cases, the losing party will honour the Court award and any costs order, however, in those cases where the losing party is impecunious or insolvent, additional action may have to be taken to recover any money from them. This is an added risk of litigation and we will consider this carefully with you at the outset before substantial costs are incurred on your behalf.


Farleys Solicitors LLP is regulated by the Solicitors Regulation Authority.
Members of the Law Society, Law Society Personal Injury Panel (SRA), Association of Personal Injury Lawyers (APIL) Pan-European Organisation of Personal Injury Lawyers (PEOPIL), Children Panel (SRA), R3 - Association of Business Recovery Professionals, Resolution, Association of Lawyers for Children, Child Concern, Inquest Lawyers Group, Criminal Law Solicitors Association, Legal Services Commission's Appeal Committees Members of the Law Society Criminal Litigation Panel, Members of the Legal Services Commission Specialist Fraud Panel, Members of the Legal Services Commission VHCC (Very High Cost Case) Panel, Probate Section of the Law Society, Employment Lawyers Association, East Lancashire Chamber of Commerce, Insolvency Lawyers Association