Terms & Conditions

Members at 187 Chambers offer their services on the standard default terms issued by the Bar Council, who represent Barristers in England and Wales.  These terms are known as The Standard Contractual Terms for the Supply of Legal Services by Barristers to Authorised Persons 2020 and can be viewed and downloaded here.

Anyone, whether professional, licensed access or lay clients can contact us to obtain a quotation for legal services. The simplest route is to contact one of our clerks who will ensure that an enquiry is dealt with efficiently and quickly. Many of the barristers in Chambers accept direct access instructions subject to the usual rules of the case being one where acting without the assistance of a solicitor is appropriate. Our clerks will be equally happy to assist clients who wish to instruct on a direct access basis.

In criminal cases, many defendants will have the benefit of a representation order and receive publicly funded assistance (often referred to as Legal Aid). In such cases a defendant will need to instruct a solicitor who will liaise with us to ensure the best representation is provided. If a defendant is publicly funded but makes a contribution towards that funding their solicitor will be able to assist if issues arise concerning the level of that contribution.

In cases where clients wish to instruct a barrister without public funding (often referred to as privately paying clients), our clerks are happy to discuss the most appropriate way of structuring payment of fees. Fees can be structured in a number of ways, including a fixed fee for the case, payment of an agreed hourly rate or payment of ‘a brief fee’ (a brief fee pays for preparation of the case for the trial up to and including the first day of the trial) with separate payments for each additional day of the trial (often referred to as ‘refreshers’). The fees agreed will reflect the experience and seniority of the Barrister to whom they relate and all of the circumstances of the case, including, but not limited to, the seriousness and complexity of the case, the volume of the papers and preparation required, the commitment required to prepare the case properly and the length of time any case that goes to trial is expected to take. Our clerks will strive to ensure that any payment arrangement is tailored to both the needs of an individual client and the circumstances of the particular case. Legal services attract VAT. All of our barristers are registered for VAT and registered with the Information Commissioner’s Office. Professional Indemnity Insurance is in place for all legal services supplied.

There are a number of different factors, which may influence the timescales within which a barrister can provide legal services. These include, but are not limited to:

• The particular requirements of the client
• The availability of the chosen barrister and his/her other diary commitments
• The stage of proceedings when instructions are first received
• The complexity of the case and the volume of material that will need to be reviewed
• The level of funding available
• The nature of the case and level of engagement from other parties involved in the case.

Upon accepting instructions in a case, the barrister will ensure prompt early advice including a general assessment of the further work that is necessary and the timescale over which a client can expect the required legal services will be provided.

In all cases a payment structure can be arranged that suits both the lay client and barrister’s needs. A contract for the provision of legal services will be drafted, including provision for payment of fees and any additional fees that may arise. Payment structures can take a variety of different forms including but not limited to:

• A fixed fee for the entire case
• Separate payments for each hearing in a case
• Payment on an hourly rate basis (including preparation travel, waiting as well as conference and advocacy)
• Payment of a fee (brief fee) to accept the case with additional payments for each day in court (refreshers).

On occasions there will be additional costs such as travel, waiting and hotel expenses. Where such costs are likely these will be identified and included within the overall discussion with the client at the outset of the case.
Sometimes, further additional costs may arise as a case progresses. These can arise for a number of different reasons, including, but not limited to:

• The service of further evidence in a case, increasing its length and/or complexity
• The need to consider further avenues of investigation requiring additional funding (such as the instruction of expert witnesses)
• A change in requirements of the client
• The case lasting longer than expected for reasons outside the control of the barrister or client (such as illness of jurors, witnesses failing to attend or a jury having to be discharged for legal reasons)

We will endeavour to ensure that within the contract for the provision of services between the barrister and client, provision is made for any such eventuality.

Information

The information and any commentary on the law contained on this website is provided free of charge for information purposes only.

Every reasonable effort is made to make the information and commentary accurate and up-to-date, but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by any Member of Chambers. The information and commentary does not, and is not intended to, amount to legal advice to any person on a specific case or matter.

You are strongly advised to obtain specific, personal advice from a lawyer about your case or matter and not to rely on the information or comments on this site.