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Terms of Engagement

TERMS OF WORK

  1. Standard Contractual Terms:

The Barristers at Ten Old Square accept instructions under the auspices of the Bar Council’s approved Standard Contractual Terms for the Supply of Legal Services by Barristers to Authorised Persons 2012 (updated 2018) (“Standard Contractual Terms 2018”) amended to refer to the relevant changes brought by the GDPR in May 2018 (Regulation (EU) 2016/679) (“GDPR”), unless otherwise expressly agreed in writing.

  1. Alternative contractual arrangements:

The Barristers at Ten Old Square may be prepared to consider three alternative terms of engagement though they are not obliged under the Cab Rank Rule to accept instructions on such terms:

(a)  An Agreement for the supply of legal services by a Barrister in a commercial case – the form of agreement published jointly by COMBAR/CLLS (version 3.0).  

NB: The payment basis under the terms of the agreement will be either Basis A or Basis B and no other version of the Agreement will be adopted; or

(b) Instructions may be accepted on the basis of the Bar’s former practice (formerly Annex G to the Code of Conduct, adapted to reflect the discontinuance of the Withdrawal of Credit Scheme) as applicable prior to 31st January 2013.

In any event, an agreement under (a) or (b) above must be expressly agreed in writing;  a Barrister’s Clerk has authority for these purposes to enter into an agreement incorporating the alternative terms of engagement on behalf of a Barrister; or

(c) Instructions may be accepted under the auspices the Authorised Person’s Firm’s own terms. Such terms must be provided to the Barrister and approved by the Barrister through his/her Clerk.

The new Standard Contractual Terms do not apply in circumstances:

  • Where the lay client is to be a party to the contract, unless the lay client is the Authorised Person; or
  • In a conditional fees agreement (“CFA”) unless the CFA specifically provides for the Standard Contractual Terms 2018 to apply (clause 2.4.2 of the Standard Contractual Terms 2018); or
  • For publicly funded matters where the barrister is paid direct by the Legal Services Commission
  1. Additional information about instructing barristers:
  • Full information about the Code of Conduct is set out in the Bar Standard’s Board Handbook and is published on the Bar Standards Board website.
  • The Withdrawal of Credit Scheme was, from 31st January 2013, replaced by the scheme called “List of Defaulting Solicitors and other Authorised Persons”. Information on these changes in so far as they relate to complaints made against Authorised Persons can be accessed here.
  • A guide to the Standard Contractual Terms published by the Bar Council is available here.

If you have any queries the Barristers in these Chambers or other matters relating to Ten Old Square or our website, please contact Keith Plowman our Senior Clerk.

LICENSED ACCESS

The Barristers at Ten Old Square may also accept instructions via the Bar Council’s Licensed Access scheme from professionals who have been granted a licence to instruct a Barrister directly.  For more information about licensed access please see the Bar Council web site.

Please contact our Senior Clerk Keith Plowman or a member of the clerking team for more information and assistance regarding instructing the Barristers at Ten Old Square under the licensed access scheme.

DIRECT “PUBLIC ACCESS” TO BARRISTERS

The Barristers at Ten Old Square do not accept instructions direct from members of the general public. Information and a list of public access Barristers can be found here.

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