How much does it cost to take a breach of contract case to court

Before pursuing a breach of contract claim through the courts, understanding the realistic costs involved is essential. This guide sets out the main costs you will encounter: court fees, legal fees, and the costs rules that determine what you can recover if you win.

Court Fees

Court fees are paid to the court when you issue your claim. The fee depends on the value of the claim:

• Up to £300: £35
• £300.01 to £500: £50
• £500.01 to £1,000: £70
• £1,000.01 to £1,500: £80
• £1,500.01 to £3,000: £115
• £3,000.01 to £5,000: £205
• £5,000.01 to £10,000: £455
• £10,000.01 to £100,000: 5% of the claim value
• Over £100,000: 5% capped at £10,000

There are also additional fees for issuing certain types of application, obtaining a judgment, and enforcing a judgment.

Legal Fees

Legal fees depend on whether you are represented and at what stages. If you instruct a direct access barrister through Barrister Connect:

• Initial advice and case assessment: £150 to £350
• Drafting a letter before action: £200 to £500
• Drafting the claim or particulars of claim: £400 to £1,000
• Trial representation (per day): £800 to £2,500 depending on seniority and complexity

Fixed fees are available for many pieces of work, providing cost certainty from the outset.

Can I Recover My Legal Costs If I Win?

The answer depends on which track your case is allocated to:

• Small claims track (under £10,000): Each party generally bears their own legal costs regardless of the outcome. Court fees are recoverable if you win, but not solicitor or barrister fees.
• Fast track (£10,000 to £25,000): The winning party can recover legal costs from the losing party, but these are limited by the court's fixed costs rules.
• Multi-track (over £25,000): The general rule is that the loser pays the winner's reasonable costs, subject to assessment by the court. Full costs recovery is rare, typically 60% to 70% of actual costs is a more realistic expectation.

Is It Worth It?

Before issuing a claim, always conduct a commercial assessment. Consider the value of the claim, the realistic prospects of success, the costs of pursuing it, and whether the other party is likely to be able to pay a judgment. A claim that is difficult to enforce even if you win may not justify the cost. A barrister can give you a frank assessment of whether proceedings are commercially justified in your specific circumstances.

Summary

The total cost of a breach of contract claim depends on the value of the claim (which determines court fees) and the legal representation you instruct. Court fees range from £35 to £10,000. Legal fees for a direct access barrister are typically £150 to £350 for advice and £800 to £2,500 per day for trial representation. Cost recovery depends on the track your case is allocated to: small claims cases do not allow recovery of legal fees.

To see if a Direct Access Barrister can help with your contract issue, contact us today.