Here at Joseph Daniel Solicitors we are committed to providing legal services of the highest standards and part of that commitment involves encouraging you to complain if you feel that we have not met the high standards that we have imposed upon ourselves.

Whilst we expect that you will be satisfied with our work, in the very unlikely event that you are not and if you feel that you have cause for criticism or complaint in respect of any aspect of the service provided by this firm to include a complaint about our bill, you are entitled to complain.

In the first instance it may be helpful to contact the person who is working on your case to discuss your concerns and we will do our best to resolve any issues at this stage. If you would like to make a formal complaint, then you can read our full complaints procedure below. Making a complaint will not affect how we handle your case

We highlight below details of our Complaints procedure.

Our Complaints Procedure

If you have a complaint, please write to us with details of your complaint to the following address Suite 1, First Floor, Southwood House, Greenwood Business Centre, Goodiers Drive, Salford, M5 4QH.

What Will Happen Next?

  1. On receipt of your complaint we shall automatically invoke the Firm’s complaints procedure/policy initiated by sending to you a letter acknowledging your complaint and if necessary asking you to confirm or explain the details set out in your complaint. You can expect to receive our letter within 3 days of us receiving your complaint.
  1. We will record your complaint in our Central Register of Complaints. We will do this within 3 days of receiving your complaint.
  1. We will acknowledge by way of a letter any reply from you to our acknowledgment letter and confirm what will happen next.
  1. We will then start to investigate your complaint. This will normally involve the following steps:-a. We will pass your complaint to Mr. Asim Ali, our client care Director, within 4 days of our letter to you acknowledging your complaint.b. The client care Director will ask the members of staff who acted for you to provide him with a substantive response to your complaint within 10 days of our letter to you acknowledging your complaint.c. The client care Director will then examine (a) the substantive response provided by the member(s) of staff who acted for you or your complaint and (b) the information in your complaint to us and formulate a response to you no later than 11 days from our letter acknowledging your complaint.
  1. The client care Director may then invite you to attend a meeting with us to explain the outcome of our investigation and to discuss your complaint with you.
  1. If you attend a meeting the client care Director thereafter write to you within 2 days of this meeting to confirm what took place and any suggestions that were agreed with you to resolve your complaint.
  1. If you do not attend a meeting or it is not possible for you to attend a meeting the client care Director will instead write to you detailing ways of resolving your complaint. This letter shall be sent to you within 14 days of our letter to you acknowledging your complaint.
  1. After this if you are still not satisfied you can write to us again. We will then arrange to review our decision. This will happen in one of the following ways:-a. Another Senior Solicitor of the Firm will review the client care Director’s decision within 10 days of receipt of your letter requesting a review of the original investigation into your complaint.b. We will ask our local Law Society or another firm of Solicitors to review your complaint within 10 days of receipt of your letter requesting review of the original investigation into your complaint.
  1. We will write to you to let you know the outcome of the review of our decision within 14 days of receipt of your letter requesting a review of the original investigation into your complaint and to confirm our final position on your complaint explaining our reasons, we will also give you the name and address of the Legal Ombudsman in this letter.
  1. If you are still not satisfied, you can contact them about your complaint. You have the right to complain to the Legal Ombudsman so long as the complaint is made within 6 months of you receiving our final written response to your complaint and in any event within 12 months from when your complaint was first raised with us. The Legal Ombudsman has discretion to extend this time limit in certain circumstances. The Legal Ombudsman may consider it appropriate to refer the matter to the Solicitors Regulation Authority (SRA).
  1. The Solicitors Regulation Authority can help you if you are concerned about our behaviour. This could be for things like dishonesty, taking or losing your money or treating you unfairly because of your age, a disability or other characteristics. Your can raise your concerns with the Solicitors Regulation Authority.
  1. Please note that before accepting a complaint for investigation, the Legal Ombudsman will check that you have tried to resolve your complaint with us first. If you have, then you must take your complaint to the Legal Ombudsman, as stated above within six months of receiving a final response to your complaint from our Firm and no more than six years from the date of act/omission; or no more than three years from when you should reasonably have known there was cause for complaint.
  1. You can contact the Legal Ombudsman via their website legalombudsman.org.uk or by email to enquiries@legalombudsman.org.uk or in writing to Legal Ombudsman, PO Box 6806, Wolverhampton, WV1 9WJ or by contacting the Legal Ombudsman on their helpline number 0300 555 0333 between 9am to 5pm.
  1. If you are unhappy about how the Legal Ombudsman or the SRA have dealt with your complaint you can complain to the Legal Services Ombudsman, who is responsible for dealing with complaints about legal professional bodies, you can contact the Legal Services Ombudsman by writing to the Legal Services Ombudsman, 3rd Floor, Sunlight House, Quay Street, Manchester, M3 3JZ.

(If for any reason we have to change any of the timescales referred to above we will let you know explaining why, please also note that all the days referred to above are working days)

Joseph Daniel Solicitors are a VAT registered company, Vat number 13048084 and hold the necessary required Professional Indemnity Insurance, in accordance with Rule 4 SRA Indemnity Insurance Rules 2013, full details of the same are available upon a written request to our offices.

Pricing Information

Our charges are based on the time we spend dealing with your case. Time spent on your case will include meetings with you and perhaps others, time spent travelling, considering, preparing and working on papers and correspondence and making and receiving telephone calls. The firms charging rate will vary depending upon the nature and type of work involved and the level of the member of staff handling the case on a day to day basis.

The charge rate or “basic charge” for the persons handling your case is as follows – Solicitors, Legal Executives and Other, fee earners with over 8 years litigation experience after qualification £250.00 per hour, Solicitors, Legal Executives and Other fee earners with over 4 years litigation experience after qualification £220.00 per hour and Other Solicitors, Legal Executives and Other staff £200.00 per hour. The charges are subject to V.A.T (currently 20%).

Routine letters that we write and routine telephone calls that we make and receive will be charged at rates of 1/10 of an hour. Other letters and calls will be charged on a time basis.

It is extremely difficult to estimate how many hours of work will be necessary on any one case in general. At the present time in general, we estimate that in the region of 10 hours will be required which equated at £251.00 per a hour to “basic charges” of £2,510.00 plus vat, plus disbursements, plus any success fee, if applicable. However, this estimate is a guideline figure only and is likely to change as the matter proceeds depending upon the response of the parties involved and if Court Proceedings are necessary. We shall try to let you know if it becomes apparent that we should have to spend substantially more time on the case than currently estimated. We shall keep you updated as to the up to date costs in your case as the case progresses.

If your claim is successfully concluded in your favour then we will look to the other party to pay your basic charges and disbursements excluding the success fee and “after the event” legal expenses insurance policy premium if applicable which are not recoverable from the other party. We shall continue to assess the merits of your claim and should any concerns arise about the extent of the recoverability of your costs from the other party, we shall advise you accordingly. In the unlikely event that we present you with a bill, you are entitled to complain with the bill. You may also object to the bill by making an application to the court for an assessment of the bill under Part iii of the Solicitors Act 1974 or you can make a complaint to the Legal Ombudsman. If all or part of the bill remains unpaid, we will be entitled to charge interest.

We will make arrangements for the funding of the disbursements in your case, as appropriate. Disbursements, as referred to above, are any payments we have to make to others to progress your case on your behalf, for example, medical expert fees, engineer’s fees, barrister’s fees and court fees, which inevitably have to be incurred from time to time to progress your case and in routine cases range typically between £500 to £1,500 each. In the event of you winning the case, such sums for disbursements should be paid for by the other party or the party’s insurers excluding the “after the event” legal expenses insurance policy premium if applicable which is not recoverable from the other party.

If you lose the case, any insurance policy  as taken out on your behalf [if instructed via yourself to take out the same] should reimburse the disbursements incurred including the “after the event” legal expenses insurance policy premium if applicable. This is conditional on you co-operating with us in progressing the claim, providing accurate instructions and if subsequently it is established that you have pursued a fraudulent claim then you will not have any protection under your legal expenses insurance (“before the event” for example any pre-existing motor, house contents, credit card or trade union insurance policies or “after the event” policy) and you will be personally responsible for your own and the opponent’s legal costs which may be quite substantial.

The success fee, if applicable, namely the percentage uplift that we add to your bill if you are successful in bringing your claim for personal injury and associated losses is not recoverable from your opponent even if your claim is successful. The success fee, if applicable, is payable by you. We shall charge you a success fee if applicable of 0% of our basic charges where the claim concludes at trial, or 0% where the claim concludes before a trial has commenced if your claim relates to a road traffic accident or 0% if your claim related to an accident at work or a public liability or an occupiers liability accident claim.

There is a maximum limit on the amount of the success fee which we can recover from you. That maximum limit is 25% of the total amount of any: (i) general damages for pain, suffering and loss of amenity (the injury element of your compensation); and (ii) damages for pecuniary loss (the financial losses element of your compensation), other than future pecuniary loss; which are awarded to you in the proceeding covered by this agreement. The maximum limit is applicable to these damages (“compensation”) net of any sums recoverable by the Compensation Recovery Unit of the Department of Work and Pensions. The maximum limit is inclusive of any VAT which is chargeable. The maximum limit includes any success fee payable to a barrister who has a Conditional Fee Agreement (“CFA”) with us. However, this maximum limit applies only to a success fee for proceedings at first instance and not to a success fee on all the proceedings (such as, for example, an appeal against a final judgment or order).

We must advise you that you may have the option to pursue your claim for personal injury and associated losses via a Damages Based Agreement, a type of ‘no win, no fee’ agreement, whereby on your claim being successful instead of charging you a “success fee” your instructed Solicitors would charge you a “Contingency Fee” of up to 25% of your compensation inclusive of VAT in respect of their charges giving credit to you for the basic charges and disbursements received by them from your opponent. However, Joseph Daniel Solicitors do not operate claims for personal injury on a Damages Based Agreement at present and if you wish to pursue your claim on this basis you will need to instruct another firm of solicitors.

We advise that you will not be eligible for public funding via the Legal Services Commission, previously referred to as “Legal Aid” in respect of pursuing your personal injury case. We also advise that there are circumstances where we may be entitled to exercise a lien for unpaid costs, for example, if you instruct another firm of Solicitors to take over conduct of this case, we are entitled to payment of our basic charges and any disbursements incurred on your behalf up to that date before forwarding your file of papers to the newly instructed firm of solicitors.

Fixed Recoverable Costs Payable By the Opponent Towards Our Basic Charges

If your case is settled within the Ministry of Justice Portal Scheme (prior to stage 3), then your opponent will pay towards our “Basic Charges” as outlined in the table below (Fixed Recoverable Costs For Claims Within the RTA and EL/PL protocols) plus VAT with the amount payable being dependant on (i) whether your claim is a Road Traffic Accident (RTA) Claim or an Employers Liability (EL)  Claim or a Public Liability (PL) Claim, (ii) the amount of your final compensation award and (iii) the stage at which your claim settles within the Ministry of Justice Portal.

Fixed Recoverable Costs For Claims Within The RTA and EL/PL Protocols

Claims of
£1k-£10k
Claims of
£10k-£25k
Stage 1 Stage 2 Total Stage 1 Stage 2 Total
RTA Claims £200 £300 £500 £200 £600 £800
EL/PL Claims £300 £600 £900 £300 £1,300 £1,600

If your claim settles at a paper hearing in stage 3 then there is an additional £250 plus VAT payable by your opponent towards our “Basic Charges” or an additional £500 plus VAT if there is an oral hearing.

If your claim is settled after it falls out of the Ministry of Justice Portal Scheme, then your opponent will pay towards our “Basic Charge” as outlined in the table below (Fixed Recoverable Costs FOR RTA, EL, and PL Claims Falling Out Of The RTA and EL/PL Protocols) plus Vat with the amount payable if your case settles before Court Proceedings are issued being dependant on (i) whether your claim is a Road Traffic Accident (RTA) Claim or an Employers Liability (EL) Claim or a Public Liability (PL) Claim and (ii) the amount of your final compensation award.

However, if your claim settles after Court Proceedings are issued then the amount payable by your opponent towards our “Basic Charges” will be dependent on (i) whether your claim is a Road Traffic Accident (RTA) Claim or an Employers Liability (EL) Claim or a Public Liability (PL) Claim (ii) the stage of the Court Proceedings at which your claims settles and (iii) the amount of your final compensation award.

Fixed Recoverable Costs For RTA, EL and PL Claims Falling Out Of The RTA and EL/PL Protocols

 

 

Pre issue
£1,000 –
£5,000
Pre issue
£5,001 –
£10,000
Pre issue
£10,001 –
£25,000
Issued –
Post issue
Pre Allocation
Issued –
Post allocation
Pre listing
Issued –
Post listing
Pre trial
Trial –
Advocacy Fee
Case Settles before issue Case Settles before issue Case Settles before issue
Road Traffic Accident
Fixed Costs Greater of
£550 or
£100 + 20% of Damages
£1,100

+ 15% of Damages over £5k

£1,930

+ 10% of Damages over £10k

£1,160

+ 20% of Damages

£1,880

+ 20% of Damages

£2,655

+ 20% of Damages

£500 (to £3000)

£710 (£3-10,000)

£1,070 (£10-£15,000)

£1,705 (£15,000+)

Escape + 20% + 20% + 20% + 20% + 20% + 20% na
Employers Liability
Fixed Costs £950

+ 17.5% of Damages

£1,855

+ 12.5% of Damages over £5k

£2,500

+ 10% of Damages over £10k

£2,630

+ 20% of Damages

£3,350

+ 25% of Damages

£4,280

+ 30% of Damages

£500 (to £3000)

£710 (£3-10,000)

£1,070 (£10-15,000)

£1,705 (£15,000+)

Escape + 20% + 20% + 20% + 20% + 20% + 20% na
Public Liability
Fixed Costs £950

+ 17.5% of Damages

£1,855

+ 10% of Damages over £5k

£2,370

+ 10% of Damages over £10k

£2,450

+ 17.5% of Damages

£3,065

+ 22.5% of Damages

£3,790

+ 27.5% of Damages

£500 (to £3000)

£710 (£3-10,000)

£1,070 (£10-15,000)

£1,705 (£15,000+)

Escape + 20% + 20% + 20% + 20% + 20% + 20% na

The above paragraph does not apply if compensation is agreed in your case in excess of £25,000 or in the exceptional circumstances, such as your case being allocated by the Courts to “Multi Track” due to the complexities involved in your claim, in which case we will look to your opponent to pay towards our “Basic Charges” calculated as referred to above on the time we spend dealing with your case.

Service Information

Who will deal with my Claim and how long will my claim take?

You shall be advised from the outset of your claim within our Client Care letter as to whom from our Firm will be dealing with your claim and what level of experience they possess.

In any event, your claim shall always be allocated to a fully qualified Solicitor who from time to time shall delegate certain tasks on your claim to other paralegals possessing the relevant knowledge and skills to carry out such tasks under the supervisor of a Solicitor at all times.

It is very difficult to state exactly how long it would take to settle your claim from start to finish, as no two claims/cases are a like.

In any event, you can expect that a straightforward Portal claim, should usually settle within 3-6 months from the initial instructions being provided via you, this is of course subject to the fact that all evidence which is being relied upon via yourself is finalised and presented in a manner acceptable via the workings of the MOJ Portal and instructions being provided via yourself in a timely manner.

For a non portal claim, you can expect settlement of your claim within 12-14 months from the initial instructions being provided via you, this is again of course subject to the fact that all evidence which is being relied upon via yourself is finalised and presented in a manner acceptable via the third party insurance company/Solicitors and instructions being provided via yourself in a timely manner.

It is vital that you note that the Time frames for the settlement of your claim both Portal and non Portal can also vary according to the level of injuries which you have sustained, the heads of damages which you are claiming and the length of time it takes you to recovery from the same.