HOW WE CAN HELP – THE ESCALATE PROCESS FOR SMES

Escalate is an award-winning commercial dispute solution that is transforming how SMEs resolve business disputes and recover their costs.

Pursuing a commercial dispute can be a costly, lengthy and risky process – the average litigation case for a small or medium-sized business is around 18 months. It’s not uncommon for the legal bills to spiral to the level of the damages being claimed, so it’s easy to see why many businesses decide against pursuing a claim and reluctantly write off what they are owed.

We take a completely fresh approach that’s revolutionary to the legal sector. Our corporate recovery experts target a settlement in under three months, and then, if necessary, we move on to litigation, using specialist legal teams that are funded all the way to the High Court.

Our approach gives you an opportunity to resolve disputes in a way that saves you money, time and hassle, enabling you to get on with running your business. Escalate has already helped to unlock £50 million of cash for businesses in a variety of commercial disputes.

DOWNLOAD OUR LATEST BROCHURE

NO RECOVERY, NOTHING TO PAY

If we can’t reach a settlement on your behalf, you don’t pay out. We also protect you from the other party’s costs with our built-in insurance policy

FIXED FEE UPON SUCCESS

Escalate works on a fixed fee basis – giving you complete transparency from the start.

MONEY BACK IN three MONTHS

The Escalate process targets your money back in just three months – to help your business with its cashflow. If we can’t settle quickly, we have the financial backing to support you all the way to a High Court resolution.

OLD AND NEW DISPUTES RESOLVED

We can revisit disputes that are up to three years old, so if you have a past dispute that you wrote off because you thought it would be too time-consuming and expensive, Escalate can look into it.

ALL TYPES OF SME DISPUTES COVERED

There’s no restrictions on the types of cases we tackle. Bad debt, contractual disputes, negligence, and IP infringement are just some of the cases we’ve previously worked on.

Traditional Process

Negotiation:

Parties are encouraged by the Courts to attempt to share full details of their claim and negotiate a settlement before beginning legal proceedings. However, there is no fixed time limit for negotiations to conclude and defendants are often incentivised to delay the outcome. Meanwhile your lawyers will typically bill you based on the amount of time they spend working for you, so the longer this period goes on, the more expensive it is for you.

No or low incentive for a quick solution

Potential for uncapped, hourly legal fees that you pay regardless of the outcome.

Litigation:

You’ll typically need to make a considerable upfront payment before you begin litigation to cover the Court fee for issuing the claim, as well as fees for the barrister and any expert witnesses you require. Legal fees, which are often calculated on the basis of the time spent on the case, will then need to be added. It’s not uncommon for the total of these bills to increase to the level of the damages that you’re claiming.

Typical 18-month duration

Considerable upfront payments

Potential for uncapped, hourly fees that you pay regardless of the outcome

You could be liable for the defendant’s costs as well as your own if you lose the case.

ESCALATE Process

Negotiation:

We begin negotiating on your behalf as soon as you engage us, using experienced corporate recovery specialists to encourage the defendant to settle quickly in your favour, without the need for litigation. We allow up to a maximum of three months for this negotiation.

Experienced commercial negotiators

Incentives to settle within 90 days

Fixed fees that you don’t pay unless a successful settlement is reached.

Litigation:

If the defendant is unwilling to settle in this three-month timeframe, we immediately begin preparing for litigation. We’ll take care of this process for you, paying the upfront fees and associated costs all the way up to a High Court resolution.

No upfront court costs, counsel fees etc

Fixed fees that you don’t pay unless the case is successful

You don’t pay the defendant’s legal costs if you lose.

Find a partner, or get in touch with us

Contact us or one of our authorised partner firms to find out how we can help you.

Our registered address:
36 High Street, Market Harborough,
Leicestershire LE16 7NL

Capitalise Business Solutions Limited -
Company No : 10381993