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
FAMILY LAW (bookings made on, or after, 17th February 2025)
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.
Financial Remedies & Private Law Privately funded cases (For hearings with a time estimate of 2 days or less)
Where cases/hearings 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;
- 4 full working days prior to hearing – 50% of brief fee shall be payable;
- More than 4 working days prior to hearing – no cancellation fee shall be payable
Any cases over 2 days, terms will be agreed on booking.
In each case we will consider any unforeseen circumstances for hearings that are adjourned or vacated.
CIVIL LAW
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
At KBG Chambers, we prefer to receive documents electronically. Where possible, we ask that papers be provided as a single PDF file, rendered in searchable text and bookmarked to correspond with the enclosures listed in the instructions or brief.
If it is not possible to produce a single PDF, we request that all attachments be clearly numbered and given identifiable file names that correspond to the enclosures listed. Please see the example below for reference:
PLEASE NOTE:
-
Photographs and Images
All photographs or images must be provided in full colour. -
Document Security
Under PDF Document Properties > Security, all document restrictions should be set to “Allowed” to ensure full access and functionality. -
Scanned Documents
All scanned documents should be clear and legible, as far as practicable.
Chambers are happy to receive papers electronically, but we require them in the following format for these reasons:
- To enable counsel to work electronically in the most efficient way
- To allow multiple attachments to be merged into a single document, facilitating the creation of bookmarks for easy navigation
- To simplify printing if counsel requires a hard copy
To provide the best possible service to both instructing solicitors and lay clients, it is essential that counsel have sufficient time to thoroughly review all papers prior to any hearing or conference. It is increasingly common, and in many instances a requirement, for skeleton arguments to be lodged in advance of hearings. Therefore, it is crucial that briefs are delivered to counsel as soon as reasonably practicable and within the timeframe set out below:
Small Claim Cases
Counsel should receive the brief/instructions at least 3 days before any conference or hearing.
Fast Track Cases
Counsel should receive the brief/instructions at least 7 days before any conference or hearing.
Multi-Track Cases
Counsel should receive the brief/instructions at least 14 days before any conference or hearing.
CFA Cases
Unless otherwise specified in the terms of the individual CFA, counsel should receive the brief/instructions at least 14 days before any conference or hearing.
Fees
We take a realistic, transparent, and flexible approach to fees. Committed to delivering a high quality of service at competitive market rates, our clerking team is always available to discuss your requirements and address any queries you may have.
Fast Track fees
In the majority of cases, fees are billed in accordance with the Fixed Costs scheme for advocates. The following fees apply to junior counsel in cases assigned to the Fast Track.
For cases in which the pre-1 October 2023 rules apply
| Value Claimed | Fast Track Trial Costs | Fast Track Trial Costs (Low Value Personal Injury) |
|---|---|---|
| Up to £3,000 | £485 | £500 |
| More than £3,000 but not more than £10,000 | £690 | £710 |
| More than £10,000 but not more than £15,000 | £1,035 | £1070 |
| More than £15,000 but not more than £25,000 | £1,650 | £1705 |
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, 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.
The new Fast Track fixed fees shall apply to any claim issued after 1st October 2023.
For cases in which the post-1 October 2023 rules apply
| Trial Fees | Band 1 | Band 2 | Band 3 | Band 4 |
|---|---|---|---|---|
| 1) Where the value of the claim is not more than £3,000 | £619 | £619 | £619 | £1652 |
| (2) Where the value of the claim is more than £3,000, but not more than £10,000 | £877 | £877 | £877 | £1652 |
| (3) Where the value of the claim is more than £10,000, but not more than £15,000 | £1,342 | £1,342 | £1,342 | £2,168 |
| (4) Where the value of the claim is more than £15,000 | £2,168 | £2,168 | £2,168 | £2,994 |
Other Work
| A. Providing post-issue advice in writing or in conference | £1,000 |
| B. Drafting a statement of case | £500 |
INTERMEDIATE TRACK CLAIMS
| Band 1 | Band 2 | Band 3 | Band 4 | |
|---|---|---|---|---|
| Trial fees for day one: | £3,303 | £3,613 | £4,129 | £5,988 |
| Fee for subsequent days: | £1,445 | £1,755 | £2,065 | £2,994 |
| Handing down of a reserved judgment and consequential matters, where dealt with separately from the trial | £599 | £599 | £599 | £599 |
| Other work: | ||||
| Providing post-issue advice in writing or in conference or drafting a statement of case | £2,065 | £2,065 | (a) £2,374; or (b) £3,613 if counsel is also instructed to draft a defence to a counterclaim | (a) £2,374; or (b) £3,613 if counsel is also instructed to draft a defence to a counterclaim |
| Advising in writing or in conference following the filing of a defence | £1,445 | £1,755 | £2,347 | £2,994 |
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, 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 (provided this is within the Western Circuit) and attract no uplift, save for VAT and any conditional fee uplift, where applicable.
The more senior members of Chambers do accept instructions for Fast Track & Intermediate Track cases but brief fees are negotiated in the usual way and the clerks will be happy to discuss any requirements.
All other fixed recoverable sums for counsel set out in the CPR fixed costs provisions will apply as a minimum fee in any type of matter not referred to above.
Please note that while the above fees are based on the amounts prescribed for respective bands, the fees are not dependent upon their being recoverable in proceedings, Solicitors and Licensed Access clients are expected to be aware of what costs are recoverable on the Fast Track and Intermediate Track and to inform their lay clients, should, for example, additional written work be required, the cost of which will not be recoverable under the Fast Track and Intermediate Track recoverable fee structure.
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.
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