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

We understand that in some cases matters settle or are vacated in close proximity to the hearing. When a booking is made in Counsel’s diary, regardless of whether the brief has been delivered, to provide remuneration both for the preparatory work undertaken by Counsel and the inability to undertake further hearings, the following cancellation fees will apply.

‍Civil Hearings (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 working days prior to hearing - no cancellation fee shall be payable (unless Skeleton Arguments have been ordered)
Where the court have ordered that Skeleton Arguments are to be filed and served no later than 3 clear days before the date of hearing – an abated brief fee (50%) will become incurred as soon as Counsel commences work.

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 5 working days of the hearing – 100% of brief fee shall be payable;
• 6 – 10 working days prior to hearing – 50% brief fee shall be payable;
• More than 10 working 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 working days prior to hearing - no cancellation fee shall be payable.

Paperwork/Drafting

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 clerks.  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 have a preference to receive documents/papers electronically and for the papers to be sent bundled in a single PDF attachment rendered in searchable text with bookmarks that correspond to the enclosures listed in the instructions/brief.

If it is not possible to produce documents in a single PDF, we would ask that all attachments are sent numbered and given an identifiable file name which corresponds to the enclosures listed in the instructions/brief, please see example below:

PLEASE NOTE -photographs/pictures need to be sent in full colour and the 'Document Restrictions' in the PDF Document Properties 'Security' tab of any PDF sent to use should all always be set to "Allowed", particularly if typed pages have been scanned as images. We would ask that, so far as is practicable, all copy documents are clear and legible, particularly if they have been scanned as images.
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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 Claim Cases

Counsel should be provided with the brief/instructions at least 3 days prior to any conference or hearing.

Fast Track Cases

Counsel should be provided with the brief/instructions at least 7 days prior to any conference or hearing.

Multi-Track Cases

Counsel should be provided with instructions/brief at least 14 days prior to any conference or hearing.

CFA Cases

Unless the terms of the individual CFA require papers to be delivered earlier, 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 fees

In the majority of cases fees are billed in accordance with the Fixed Costs for advocates and the following fees apply for junior Counsel in cases assigned to the Fast Track.

Although rare, on occasions the above fees may not be suitable due to : -
• Amount/volume of papers
• Anticipated preparation time
• Complexity of the matter

If this applies for this matter, we will notify you as soon as possible on receipt of papers.

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

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.