Terms of Business

    1. Our standard Terms and Conditions for all instructions accepted from the 31st January 2013 are set out in the Standard Contractual Terms for the Supply of Legal Services by St Ives Chambers to Authorised Persons 2012. This is based upon but not identical to the Bar Council’s New Standard Contractual Terms 2012 which can be found at Annexe T of the Bar Code of Conduct
    2. Whilst the New Contractual Terms provide that legal action may be taken for the recovery of fees once 30 days have elapsed since the delivery of Counsel’s fee note we assure you that we will take all reasonable steps to avoid the issue of proceedings. We will ensure that a Senior Partner or Managing Director of the instructing firm or organisation is made aware of the outstanding fees, and adequate time is available to investigate and resolve matters. Reasonable notice will be given of any intention to issue proceedings legal action.
    3. Where the Barrister is to be paid directly by the Legal Services Commission (LSC) or Crown Prosecution Service (or their successors) all sections of the New Contractual Terms pertaining to the management / conduct of the case will still apply, except as it relates to the timescales for payment, the charging of interest and the provision to take legal action in pursuit of non-payment.
    4. Where payment of Counsel’s fees by the Legal Services Commission is dependent upon the receipt by the LSC of a Bill from those instructing Counsel, we ask that the Bill and relevant documentation must be submitted to the LSC in a timely manner, and in any event within 3 months from either the conclusion of the case or discharge of the certificate, unless otherwise agreed with Barrister or his Clerk.
    5. Where the lay client has a full public funding certificate, but costs are to be recovered from a third party or central funds, we ask that those instructing Counsel notify us at the earliest opportunity that this situation exists. Furthermore, payment is required within 30 days of the recovery of those costs by those instructing Counsel, or 90 days from settlement or conclusion of the case, whichever is the first in time. If delays do occur, we ask that our clients keep us informed as to the progress and recovery of costs, and respond promptly to any enquiries made in this regard.
    6. Where instructions are received from persons licensed by the Bar Council to instruct Counsel, it is intended that all sections of the New Contractual Terms pertaining to the management / conduct of the case will still apply.
    7. Where Counsel is instructed under the Public Access Scheme (whereby qualifying Barristers may accept instructions from members of the public), the Terms and Conditions under which this work is carried out is covered by the Client Care Letter which will be provided by Counsel in respect of each piece of work he agrees to undertake.
    8. Where work is accepted on a Conditional Fee Basis, the Terms and Conditions will be covered by a signed CFA. Chambers adopts the standard terms as per the Personal Injuries Bar Association guidelines.
    9. Where agreement has been reached that payment will not be made until after the matter has concluded, payment is required within 30 days of the recovery of those costs by those instructing Counsel, or 90 days from settlement or conclusion of the case, whichever is the first in time.
    10. Due to the time that may elapse between work being done and payment being received, we ask that those instructing Counsel respond promptly to all requests for information which will be made from time to time.
    11. For cases in which instructions have been accepted by the Barrister before the 31st January 2013, the Terms and Conditions as set out in Annexe G1 of the Bar Code of Conduct apply.

Court Hearing
We aim to agree fees for court hearings in advance of the hearing. Fees for court work take into account the following factors:

    • estimated time required for preparation
    • estimated time to be spent in Court
    • case complexity
    • the amount / issues at stake
    • seniority of the barrister
    • whether an abnormal workload was placed on the barrister through late instruction / urgency of the work etc.
    • the degree to which specialist knowledge is required
    • travelling / expenses likely to be incurred

Paperwork
Normally fees for paperwork are not agreed in advance, however, if an estimate is required, the clerks (in liaison with the barrister concerned if necessary) will provide an approximate fee. The following factors are taking into account when providing such estimates and when the compiling the fee-note:

    • total time taken to complete the work
    • complexity of the matter
    • the amount / issues at stake
    • seniority of the barrister / counsels hourly rates
    • the urgency of the work and the need to reschedule other matters
    • the degree to which specialist knowledge is required
    • travelling/expenses likely to be incurred

Acceptance of instructions by email
St Ives Chambers welcomes instructions by email. The following guidelines have been established to facilitate that process. Click here to view the protocol.

Equality statement
We are fully committed to ensuring that all users of our complaints procedure are treated fairly, with respect, and without discrimination based on race, gender, sexual orientation, disability, age, religion or belief and in accordance with the law.

Quotes

The range of barristers is excellent and they are good at working collaboratively with me and have never let me down.

Chambers and Partners 2013

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