Terms and Conditions | 39 Park Square

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Terms and Conditions

Delivery of the Brief

In order to provide the best possible service to both Those Instructing and the Lay Client, it is essential that Counsel has the opportunity to fully consider all papers adequately prior to any hearing or conference. For the vast majority of Fast Track cases the brief should be delivered at least 3 days prior to any conference or hearing. In cases which are allocated to the multi-track, or on fast track matters requiring skeleton arguments to be lodged, Counsel should be provided with the brief 14 days prior to conference or hearing. However, it is becoming increasingly common in many instances for a requirement for skeleton arguments to be lodged in advance of any hearing. In such instances it is essential that briefs be delivered to Counsel as soon as is reasonably practicable.

We appreciate that modern litigation often throws up instances where last minute applications and instructions are inevitable, and of course as a Chambers we will do our utmost to assist in such circumstances. Equally, early delivery of a brief to Chambers will not prejudice Those Instructing in the event that a hearing is adjourned or fails to go ahead. Chambers cancellation policy in respect of hearings and conferences is clearly set out below and should you require any further assistance or information the Clerking team are on hand to assist.

Fees

We have a realistic, transparent and flexible approach to fees. We provide a high quality of service at competitive market rates and our Clerking team are always on hand to discuss your requirements and any queries you may have. However, for ease of reference our general fee structure is outlined below: Small Track brief fees Fees start from £175 + VAT for small cases locally. Fast Track brief fees In accordance with the Fixed Costs for advocates the following fees apply for junior Counsel in cases assigned to the Fast Track.

Value Claimed Fast Track Trial Costs
Up to £3,000 £500
More than £3,000 but not more than £10,000 £710
More than £10,000 to £15,000 £1070
More than £15,000 to £25,000 £1705

The above fees are charged irrespective of the geographical venue of the trial and attract no uplift, save for VAT and any conditional fee uplift, where appropriate. The more senior members of Chambers do accept instructions for Fast Track cases but brief fees are negotiated in the usual way (please see below). Multi Track brief fees

Multi Track brief fees are negotiated in the traditional way, giving consideration to a number of factors, including the seniority and experience of the barrister, the complexity of the matter, the value of claim and the length of time involved in preparation and attending Court as appropriate. Again, we do not routinely charge for Counsels travelling time but an allowance could be made for Counsels reasonable and agreed travel (and, if necessary, accommodation) expenses.

Cancellation Policy

We understand that in Civil Cases it is not uncommon for issues to settle at the last minute, negating the need for a hearing. Wherever possible, we will seek to minimise Counsels loss in such circumstances by securing alternative instructions. If Counsel is able to undertake an alternative hearing at the same or higher rate, no cancellation fee will ordinarily be payable. However, there will be occasions where this is not always possible due to the lateness of any cancellation or adjournment, and in such instances the following cancellation fees shall apply:

Fast Track

Where claims are settled between the parties prior to the date of hearing without the assistance of Counsel:

24 hours prior to hearing – 100% of brief fee shall be payable 25-72 hours prior to hearing – 50% brief fee shall be payable More than 3 days prior to hearing – no cancellation fee shall be payable

Multi Track

Where claims are settled between the parties prior to the date of hearing without the assistance of Counsel:

Within 7 days of the hearing – 100% of brief fee shall be payable 21-7 days prior to hearing – 50% brief fee shall be payable More than 21 days prior to hearing – no cancellation fee shall be payable

Where Claims are settled with the assistance/intervention of Counsel following receipt of the papers the above figures shall be applicable save in exceptional circumstances where an hourly rate will be applied for time spent by Counsel in considering the papers and/or in preparing any advice for Those Instructing which forms the basis of the settlement between the parties. This will most usually occur in Multi-Track, high value, or complex claims.

Billing and Payment

The billing arrangements and payment terms adhered to within Chambers differ according to the nature of funding in each individual case. It will be assumed that all work is privately funded unless otherwise indicated at the outset by Those Instructing.

Privately funded work is that where Those Instructing act on behalf of a private client or where the case is being funded by an Insurance Policy, Police Authority, Local or Central Government Agency or a Trade Union.

In privately funded cases a fee note will be supplied on completion of each piece of work. Payment is due and payable within 1 month of the date of the fee note [in accordance with the Bar Council Code of Conduct]. The clerking team should be contacted immediately upon receipt of the fee note in the event of any queries or dispute.

By prior arrangement, Counsel are prepared to accept payment upon conclusion of the case, provided that suitable assurances can be given that relevant funds will be in place. Where payment is to be made upon conclusion, it is required within 1 month of conclusion or assessment of costs.

Members of Chambers also undertake work on a Conditional Fee basis, subject to carrying out the necessary Risk Assessment. Counsel will complete an initial risk assessment within a few days of receipt of papers, or as discussed with the Clerking team. Should further information be required in order to reach a decision the Clerking team will contact you prior to any work being undertaken.

Upon acceptance of the instructions, a Conditional Fee Agreement will be drawn up and sent to you for your signature. Counsel will be unable to start work on any case where a Conditional Fee Agreement is in place unless and until a signed copy of the Agreement is returned to Chambers by Those Instructing.

On Conditional Fee cases a fee note will be provided after each piece of work undertaken. The basic fee and maximum uplift will be shown separately. The uplift may be adjusted downwards at the conclusion of the case should the matter not proceed to trial, in accordance with the terms of the Agreement. Payment is due within 1 month of the assessment of costs in the successful conclusion of the case, or within 3 months of the termination of the Agreement.

Updated 05.12.13