Standard Terms & Conditions
About our standard terms & conditions
With effect from 31 January 2013 the Bar Council abolished the long-standing “Terms of Work on which barristers offer their services to solicitors and the Withdrawal of Credit scheme”. In light of this– and after a period of detailed consultation – the members of KBG Chambers agreed collectively that private instructions are accepted as per the new Standard Conditions of Contract for the Supply of Legal Services by Barristers to Authorised Persons 2012.
A copy of the terms can be viewed here.
Therefore, unless otherwise agreed in advance, any new instructions will proceed on the basis of these standard terms. This does not apply to licensed access, public access, work involving a public funding certificate or matters subject to a Conditional Fee Agreement.
Cancellation Policy – Bookings made on/or after the 1st April 2019
We understand that in some cases matters settle or are vacated at the last minute, negating the need for a hearing. When a booking is made in Counsel’s diary, whether or not the brief has actually been delivered, the following cancellation fees will apply. This is to provide remuneration both for the preparatory work undertaken by Counsel and the inability to undertake further hearings.
Civil Hearings (including Small Claims/Applications & Fast Track trials)
For hearings with a time estimate of 1 day or less
Where claims are settled between the parties or vacated prior to the date of hearing without the assistance of Counsel:
1 full working day prior to hearing – 100% of brief fee shall be payable,
3 full working days prior to hearing – 50% of brief fee shall be payable.
More than 3 days prior to hearing - no cancellation fee shall be payable.
Civil Hearings (For hearings with a time estimate of over 1 day)
Where claims are settled between the parties or vacated prior to the date of hearing without the assistance of Counsel, the following cancellation fees will apply:
Within 7 days of the hearing – 100% of brief fee shall be payable,
7 – 14 days prior to hearing – 50% brief fee shall be payable
More than 14 days prior to hearing – no cancellation fee shall be payable.
Where cases are settled or vacated 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 the time spent by Counsel in considering the papers and/or in preparing any advice for those instructing which forms the basis of settlement between the parties. This will most usually occur in Multi-Track, high value and/or complex cases.
Mediation/JSM
Where claims are settled between the parties or vacated prior to the date of hearing:
3 working days prior to the hearing – 100% of brief fee shall be payable
5 working days prior to hearing – 50% of brief fee shall be payable
More than 5 days prior to hearing - no cancellation fee shall be payable.
Paperwork
Depending on the complexity of the matter, chambers standard turnaround for paperwork is 14-21 days. This is from either the date instructions have been received, or where a fee estimate is required, the date from which fees have been agreed. Urgent instructions can be considered with a timescale to be agreed between the instructing solicitor and the clerk. In cases of unusual difficulty or where Counsel is unlikely to meet a deadline the instructing solicitor will be contacted as a matter of urgency so that the situation can be discussed.
Brief/Instructions - Delivery of Papers
KBG are happy to receive documents/papers via email. When sending papers by email we would ask that these are sent in one pdf file. If this is not possible each attachment to be numbered & named (i.e. – (1) Covering Letter, (2) Instructions, (3) Letter of claim (4) Claim Form). Any copies of photographs/pictures need to be sent in full colour.
Chambers are happy receiving papers electronically, but we do require them in this format for the following reasons: -
• To enable counsel to work electronically in the most efficient way
• If numerous attachments, the papers can be merged into one single document, also enabling us to create bookmarks to each document
• Ease of printing if counsel requires a hard copy
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. It is becoming increasingly common, and in many instances 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 and within the timeframe below:
Small Claims/Fast Track Cases
For the vast majority of cases the brief should be delivered at least 3 days prior to any conference or hearing.
Fast Track matters (where it has been ordered for Skeleton Argument's to be filed)
Counsel should be provided with the brief at least 7 days prior to any hearing.
Multi-Track Cases
Counsel should be provided with instructions/brief at least 14 days prior to any conference or hearing.
CFA Cases
Counsel should be provided with instructions/brief at least 14 days prior to any conference or hearing.
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.
Fast Track brief fees are in accordance with the Fixed Costs for advocates and the following fees apply for junior Counsel in cases assigned to the Fast Track.
Value Claimed Fast Track Trial Costs Fast Track Fixed Trial Costs
Up to £3,000 £485 £500
More than £3,000 but not more than £10,000 £690 £710
More than £10,000 but nor more than £15,000 £1,035 £1070
More than £15,000 but no more than £25,000 £1,650 £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 and the clerks will be happy to discuss any requirements.
Multi-Track 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.
