Expert legal services for

Individuals

Businesses

Charities, Not for Profit & Religious Organisations

Schools &
Colleges

Pothecary Witham Weld is based in Central London providing specialist advice locally and nationally to charities and not for profits; individuals and families, companies and partnerships.

The firm is best known for its church, charity and schools work and is widely regarded
as one of the leading firms
in these fields in the UK. The firm is also highly valued locally for its friendly and accessible range of legal services.

 

Latest News & Events 

 

How safe is your safeguarding?

The Charity Commission has recently stated that safeguarding incidents are under reported, with only 1% of charities reporting a safeguarding incident in the beginning of this year relating to sexual exploitation, sexual abuse and harassment. Of course, the Commission has seen an increase in reporting following recent publicity about safeguarding issues in overseas agencies, but how can you make sure that your safeguarding is robust and will instil confidence in your donors?

Whether you are setting up a new charity or reviewing existing policies, Pothecary Witham Weld can advise you on all the safeguarding strategies, polices and training that you need to put in place to ensure that your young and vulnerable beneficiaries are protected.

Should you need to make a Serious Incident Report, our Charities team is ready to help you with all aspects of making such a report including crisis management. Please contact our Charities team here.

 

Latest legal updates

View more articles here

 

 

LCN Awards 17 Social Media Firm Nominees Pothecary Witham Weld

 

 

Residential Property Sales and Purchases

We will always endeavour to provide an estimate of our legal fees for the sale or purchase of a residential property with a registered title.

Our fees cover the work usually required to complete the purchase, or sale of your residential property. This includes, in the case of a purchase, dealing with registration at the Land Registry and with payment of Stamp Duty Land Tax if the property is in England, or Land Transaction Tax (Land Tax) if the property you are buying is in Wales.

Disbursements refers to money we will be expected to pay on your behalf to third parties, such as Land Registry fees. We ask you to pay the money to us, to make the payment on your behalf.

A house will usually be a freehold property; a flat will have a leasehold title, even if the flat owner also has a share in the ownership of the freehold of the building.

Our fees are set out on the table attached, together with indicative fees for some additional factors which may be encountered, and which take the transaction outside the scope of the basic fee.

We provide a personal service from qualified solicitors, whose post qualification experience ranges from 3 - 33 years, assisted by a paralegal.

As part of the personal service we expect to arrange to meet with you at our office at an early stage in order to obtain from you identity and address verification information so that we can comply with our duties under the Money Laundering Regulations.

Typical disbursements are:

Search fees – generally between £300 - £600 but depends on what is appropriate to the property you are buying and which local authority

Land Registry fees – official copies on sale £6.00 for freehold sale, £12.00 on leasehold sale (freehold title recommended as well as leasehold); additional fees for documents referred to in the title

Land Registry fees – registering purchase – depending on value £20 - £455

Pre-completion searches - £5 - £7

Registration of lease transfer with freeholder – typically £40-£60 plus vat

Stamp Duty Land Tax – depending on value & additional property ownership – see

https://www.tax.service.gov.uk/calculate-stamp-duty-land-tax/#/intro

We also charge a fee of £25.00 plus vat for each electronic same day payment we make on your behalf.

The base fee for a freehold sale covers the following (which is not an exhaustive list of all the steps):

  • Take your instructions and carry out ID checking
  • Obtain Land Registry title information
  • Ask you to complete Transaction forms with information about the property, and review these
  • Prepare draft contract documents
  • Collate a sales information pack to send to the buyer’s solicitors
  • Respond, with your assistance, to questions raised by the buyer
  • Send agreed form of contract to you for signature
  • Agree with other parties in the chain target dates for exchange of contracts and completion
  • Obtain mortgage redemption figures from your lender
  • Exchange contracts, deal with the deposit, and notify when this has happened
  • Approve form of transfer and get you to sign this
  • Confirm completion arrangements with buyer’s solicitor
  • Receive purchase price from seller and arrange completion
  • Make payment to discharge your mortgage
  • Account to you for the balance of the proceeds of sale, or apply these to a related purchase

If the property you are selling is leasehold, we will in addition need to:

  • Consider the terms of the lease and whether any consents are needed for the sale
  • Obtain information from the freeholder about the rent, service charges, insurance arrangements and possible future work to the building
  • Consider the length of the lease and any potential enfranchisement issues
  • Agree apportionments of service charges and rent

If you are buying a freehold property, the base fee covers the following (which is not an exhaustive list of all the steps):

  • Take your instructions and carry out ID checking
  • Check finances are in place to fund purchase and contact lender's solicitors if needed
  • Receive and consider and then advise on contract documents
  • Carry out searches, cross-referring to any mortgage lender requirements
  • Review the lender’s valuation report and ensure any points raised are covered
  • Review the result of any survey or housebuyer valuation you have obtained and ensure any points raised are covered
  • Make any necessary additional enquiries of seller's solicitor, including seeking any further planning documentation
  • Report to you on the results of searches and on the documents from the seller
  • Advise you on the forms of joint ownership
  • Go through conditions of mortgage offer and advise you on these
  • Agree the form of contract with the seller’s solicitor and then send this to you for signature
  • Prepare indicative financial statement including mortgage finance
  • Agree with other parties in the chain target dates for exchange of contracts and completion
  • Report to your mortgage lender
  • Exchange contracts, pay the deposit on your behalf, and notify when this has happened
  • Approve form of transfer and get you to sign this
  • Carry out pre-completion searches, including bankruptcy search on you
  • Prepare a draft Stamp Duty Land Tax Return on your behalf and obtain your approval to it
  • Confirm completion arrangements with seller’s solicitor
  • Check account details and send purchase price to seller’s solicitor and arrange completion
  • Finalise and lodge Stamp Duty Land Tax Return and pay the tax
  • Prepare and lodge application to the Land Registry to register the purchase and pay the registration fee on your behalf
  • Check completed registration and report to you and your mortgage lender

If you are buying a leasehold property, we will in addition need to:

  • Consider the terms of the lease and whether any consents are needed for the sale to you
  • Check that consent has been obtained for any alteration to the property
  • Obtain and consider information from the freeholder about the rent, service charges, insurance arrangements and possible future work to the building
  • Consider the length of the lease and any potential enfranchisement issues
  • Agree apportionments of service charges and rent

We do not pay referral fees. However, we do make a charge if you withdraw from the transaction, which will reflect the work we have carried out on your behalf by that date.

How long will it take?

This depends on a number of factors. As a rough estimate you should expect it to take between 8 & 16 weeks. A long chain will take longer to co-ordinate than a sale with no related purchase, where the buyer also has no related sale. Some searches can take a few weeks for the results to be received, others may be available 48 hours after being ordered.

* Our fee assumes that:

  1. this is a standard transaction and that no unforeseen matters arise, such as, for example (but not limited to) a defect in title which requires remedying prior to completion or the preparation of additional documents ancillary to the main transaction
  2. the land has a registered title
  3. this is the assignment of an existing lease and is not the grant of a new lease
  4. the existing lease meets the requirements of the Council of Mortgage Lenders
  5. there is no lease extension needed
  6. the transaction is concluded in a timely manner and no unforeseen complications arise
  7. all parties to the transaction are co-operative and there is no unreasonable delay from third parties providing documentation
  8. no indemnity policies are required. Additional disbursements and fees may apply if indemnity policies are required.
  9. this is not an auction sale or purchase, or a repossession purchase
  10. this is not a buy to let
  11. the property is not a listed building
  12. l. the property is residential only, not mixed use

Employment Tribunal claims – unfair or wrongful dismissal – employee

Our pricing for bringing a claim for unfair or wrongful dismissal depends on the complexity of your case.

The Key stages in an Employment Tribunal claim for unfair or wrongful dismissal are:

  • Taking your initial instructions, reviewing the papers and advising you on merits and likely compensation (this is likely to be revisited throughout the matter and subject to change)
  • Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached;
  • If pre-claim conciliation has not resulted in a settlement, Preparing the claim form (ET1) and agreeing it with you
  • Lodging the claim form ET1 at the Employment Tribunal
  • Reviewing and advising on the response from your employer
  • Exploring settlement and negotiating settlement throughout the process
  • preparing a schedule of loss
  • Preparing for (and attending) a Preliminary Hearing
  • Identifying with you the documents needed to enable the Employment Tribunal and your employer to understand the case;
  • Exchanging documents with the other party and considering with you what they have disclosed
  • Obtaining information from you and others who may be able to act as a witness in support of your claim; putting this information into a “witness statement” and agreeing the wording and content with the witness
  • Preparing bundle(s) of documents for use at Tribunal Hearings
  • Reviewing and advising on the other party's witness statements
  • Agreeing a list of issues, a chronology and/or cast list
  • Preparation and attendance at Final Hearing, including preparing instructions to Counsel to represent you as advocate at the hearing

The stages set out above are an indication and if some of stages above are not required, in particular if it is possible to achieve a settlement before preparation needs to be done for a final hearing, the fee will be reduced. You may wish to handle part of the claim yourself and only have our advice in relation to some of the stages. This can also be arranged on your individual needs.

Depending on the complexity of your case, we may either before issue of the claim, or at some point after receiving your employer’s response, recommend that a second opinion be obtained from a barrister (Counsel).

Factors that could make a case more complex:

  • If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim
  • Making or defending a costs application
  • Complex preliminary issues such as whether your claim includes issues of disability (unless this is agreed by the employer)
  • The number of witnesses and documents
  • If it is an automatic unfair dismissal claim e.g. if you are dismissed after blowing the whistle on your employer
  • Allegations of discrimination which are linked to the dismissal  

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 stage at which your case is resolved, or if it needs to go to a full hearing without being resolved. If a settlement is reached during pre-claim conciliation, your case may take as little as a few weeks. If your claim proceeds to a Final Hearing, your case is likely to take about 6 months from issuing the claim form, or longer if a multi-day hearing is needed. This is just an estimate and we should be able to give you a more accurate timescale once we have more information and as the matter progresses.  

You need to remember that there are short time limits to bring an Employment Tribunal claim.

Fees

We generally suggest that you attend a preliminary meeting at our offices to discuss your potential claim when we can explore whether your case appears to us to have reasonable prospects of success and try to identify if it is a simpler or a complex case. Our fee for such a meeting, lasting up to an hour, and including some brief pre-reading of key documents and a short follow up letter or email is £250 plus vat.

You need to consider if you have any insurance in place that could assist you with the cost of bringing a claim. Sometimes the insurance requires you to use a solicitor on your insurer’s panel.

Our fees are based on hourly charging rates for the lawyers involved, ranging from £125 for a trainee solicitor or paralegal, £145 - £280 for qualified solicitors depending on level of experience and £350 for partners. Vat needs to be added to these fees.

(Note we currently are looking to recruit a qualified solicitor to replace someone who has recently moved on to new firm).

A simple claim is likely to cost between £5,000 & £15,000 plus Vat.

A more complex claim is likely to cost between £10,000 and £25,000 plus vat; it is also more likely that advice from a barrister (fee not included in this) may be appropriate during the course of conducting the case. 

A fully complex claim is likely to cost £20,000 - £50,000 plus vat; it is also more likely that advice from a barrister (fee not included in this) may be appropriate during the course of conducting the case.  

  •  
 

Careers with Pothecary Witham Weld

  LCAwards2015large  

LCAwards2014 xsmallPothecary Witham Weld
Winner 2014

 

Trainee Solicitors

Pothecary Witham Weld recruits one trainee solicitor to start each year in September.  Applications for a training contract commencing September 2016 are now closed.

Applications to commence in September 2017 will reopen in September 2016.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

You are here: Home Uncategorised