The work stipulated in the various levels DOES NOT include the following:
Disbursements. These are fees that are payable to third parties, including the Court, expert fees, valuation fees, tracing fees, process server fees. Please note that this is not an exhaustive list.
Drafting documentation (unless expressly stated at the relevant level). If, for example, you are Ordered to file a statement and this is not covered in the relevant fixed fee menu an additional charge may have to be agreed with the fee earner to draft this document for you.
Time spent in examination of documentation (unless expressly stated at the relevant level). If, for example, there is a statement or report that needs to be considered within the course of the proceedings an additional charge may have to be agreed with the fee earner.
Lodging documentation with either the Court or the other side in a case, unless expressly stated at the relevant level.
Receipt of documentation / correspondence on your behalf, unless expressly stated at the relevant level.
Correspondence / telephone calls / emails either between the fee earner and yourself, or the fee earner and third parties (unless expressly stated at the relevant level).
In relation to financial issues arising out of a divorce, if there is a pension to be divided we reserve the right to charge an additional fee for this service which can be agreed with the fee earner concerned.
Travel expenses – If it becomes necessary for us to travel further than the local Court from the office which is dealing with your matter we will charge travel costs as follows:
a. £45.00 per hour for time spent travelling
b. £0.45 per mile for petrol costs or train fare
c. Any parking fees
Please also note the following additional terms and conditions:
We reserve the right to determine whether your case is suitable for our fixed fee scheme. If your case is not deemed suitable we will explain to you the reasons why and advise you as to alternative funding options.
To qualify for the fixed fees in relation to cases concerning financial matters arising out of a divorce or dissolution of a civil partnership the joint net assets of the marriage must be less than £350,000.
Where it has been specified within the fixed fee menus that attendances at Court must not exceed a specified time limit, any cases that go over that time limit will be charged at a standard hourly rate of £150 per hour plus VAT.
We will provide you with our fixed fee bill at the outset of the case, and the amounts therein will become immediately payable. However, it may be possible to agree a monthly payment regime – please speak to the individual fee earner about this.
Where it is expressly stated within the relevant level of service that we will negotiate on your behalf we reserve the right to determine when we feel that despite negotiations no agreement is likely to be forthcoming. Your fixed fee arrangement will then come to an end and we will advise you as to your options moving forwards and whether we feel that Court proceedings have become inevitable.
The fee earner who deals with your case under our fixed fee scheme will be determined at our absolute discretion depending on the complexity of your case.
In the event of inconsistencies between the Fixed Fee Terms and Conditions as set out above, the Engagement letter and the Fieldings Porter Terms of Business then the documents shall take precedence in the following order: