Please note we are no longer receiving post through DX. Anything sent will be returned to you. Original documents Please do not send original documents to Chambers. If originals are required at Court or for some other meeting then please either ask your firm's representative or the client to bring them when they attend. Chambers cannot accept responsibility for any originals that are lost whilst being conveyed to, or by, Chambers or whilst in our care. NB Though we will sometimes agree fees over the phone this is purely a quote and fees are not deemed to be fully agreed until Counsel has viewed the full set of documents relating to a case. New Walk Chambers' Complaints Procedure - New Walk Chambers prides itself on the service it provides. If you have any concerns about the quality of the service you receive from our pupils, members of chambers or members of staff you are invited to let us know as soon as possible. In line with our friendly approach, in the first instance we encourage you to discuss any day-to-day concerns about the services of our pupils, members of chambers or staff directly with them. Any such concerns can also always be raised initially with our Practice Manager. It may be more appropriate to make the complaint in writing and to request a response in writing both of which should be copied to the Management Committee. Any concerns about members of staff should be raised with the Management Committee. We would very much hope that the matter can be resolved at an early stage. However, if you feel that the concern has not been dealt with to your satisfaction, then you may wish to make a formal complaint as detailed below. We would expect complaints to be made within 12 months of the date of the problem arising. Formal Complaints Procedure Please address your formal letter of complaint to the Management Committee, PO Box 11024, Leicester, LE1 8FH. Please give the following details: your name and address, which pupil, member(s) of Chambers or staff you are complaining about, the details of the complaint and what you would like done about that complaint. As soon as possible after your letter is received the Management Committee will investigate the complaint in conjunction with the Practice Manager. The individuals investigating the complaint will be individuals other than the person you are complaining about. The person handling the investigation will write to you as soon as possible to let you know that they have been appointed and that they will endeavour to reply to your complaint within 21 days. If they find later that they are not going to be able to reply within 21 days then they will set a new date for their reply and they will inform you. Their reply will set out: The nature and scope of their investigation; their conclusion on each complaint and the basis for their conclusion and, if they find that you are justified in the complaint, their proposals for resolving the complaint. Confidentiality All conversations and documents relating to your complaint will be treated as confidential and will only be disclosed to the extent that is required. Disclosure will be to the Head(s) of Chambers and the Practice Manager and will include any others we consider necessary to involve in the complaint and its investigation. If a complaint is made then we will assume that you will authorise those investigating the complaint to view all of the papers or other correspondence relevant to the complaint. Our procedure As part of New Walk Chambers commitment to client care we will make a written record of your formal complaint. Complaining to the Bar Standards Board or Legal Ombudsman We hope that you will at first instance use our procedure. However, if you would rather not do so, or are not happy with the outcome then you do have the choice of taking up your complaint with the Legal Ombudsman or the BSB. From 6th October 2010 there are two regulatory bodies that deal with complaints against barristers. The Bar Standards Board will deal with complaints relating to the conduct of a barrister. You have the right to complain directly to the BSB, however they encourage the use of Chambers Complaints Procedure first. You will not suffer any disadvantage from using our Complaints Procedure first. If you are not happy with the way we deal with your complaint you can refer the matter to the BSB at that stage. Please note the time limit for informing the BSB of any complaint is 6 months from the event complained of, or 3 months after you have been told of the result of your complaint to Chambers. Complaints Department, Bar Standards Board 289-293 High Holborn, London WC1V 7HZ Tel: 0207 611 1444 Fax: 0207 831 9217 E-mail: complaints@barstandardsboard.org.uk www.barstandardsboard.org.uk The Legal Ombudsman will deal with complaints relating to the service provided by a barrister. The Legal Ombudsman will only address complaints if chambers in-house procedures have failed to resolve the issue. Please note that the Legal Ombudsman has a six year time limit from the date of the act or omission about which you are complaining within which to take your complaint or three years from when the complainant reasonably should have known there was grounds for complaint. Legal Ombudsman PO Box 6806 Wolverhampton WV1 9WJ Tel: 0121 245 3071 E-mail: enquiries@legalombudsman.org.uk www.legalombudsman.org.uk For further information please contact the clerks. Alternative Dispute Resolution (ADR) If it does not prove possible to settle your complaint by using our formal complaints procedure and if all parties consent, alternative complaints bodies exist which are competent to deal with complaints about legal services. These organisations include Ombudsman Services, https://www.ombudsman-services.org , Ombudsman Services, The Brew House, Wilderspool Park, Greenall's Avenue, Warrington, WA4 6HL and ProMediate, http://www.promediate.co.uk , Telephone: 01928732455. You also have a right to complain to the Legal Ombudsman, an independent complaints body, established under the Legal Services Act 2007, which deals with legal services complaints. You have six months from the date of the final letter from Chambers in which to complain to the Legal Ombudsman. Legal Ombudsman PO Box 6806 Wolverhampton WV1 9WJ Telephone: 0300 555 0333 Email address: enquiries@legalombudsman.org.uk Website: www.legalombudsman.org.uk Taking effect from 31st January 2013, members of New Walk Chambers will offer their services and will accept instructions on the new Standard Conditions of Contract for the Supply of Legal Services by Barristers to Authorised Persons 2012, unless otherwise agreed in writing. The (new) Standard Contractual Terms for the Supply of Legal Services by Barristers to Authorised Persons 2012 http://137.135.244.23/standard-terms/ New Walk Chambers most commonly used pricing models for legal services At New Walk Chambers most of our barristers charge VAT on their fees. VAT numbers can be provided on request and are included on all fee notes. Any fees are agreed net of VAT and therefore VAT will need to be added on top (where applicable). Our fees are normally agreed fixed fees or done on an hourly rate, depending on the type of work you require. Please contact us if you require a quote. Some factors which may determine the fees charged are as follows: • The level of preparation that is required. • If a novel or unusual area of law needs researching or arguing. • The monetary value involved in the case. • Whether significant travel would be required. • The seniority of the Barrister required. • The type of work required such as paperwork or court attendance and whether the matter is in one of the higher courts. Please see our indicative fixed fee price ranges. Hourly Rates The below rates depend on seniority of Counsel, the urgency of the work required and complexity etc: From £250.00 to £650.00 plus VAT New Walk Chambers additional transparency rules for Public Access Work We urge you before instructing us to consult the Bar Standards Board Website. And in particular the Public Access Guidance for Lay Clients on their website. At New Walk Chambers several of our Barristers deal with direct/ public access work and we always aim to be fully transparent in our dealings with clients. We do understand that some lay clients will not have dealt with Barristers before and if you feel you need guidance then please consult the Clerks, who are happy to assist you. You may also find our direct/public access page of use to you. We always aim to agree fixed fees in advance with clients per piece of work, in order that you are fully appraised of the costs for any individual piece of work that you require. We do request that you disclose all of the documents in your case to us in order for us to give you a firm quote for your work. Please be aware that most of our barristers are required to charge VAT and that when we agree a fee we are agreeing the net figure and VAT will also be payable. For Court hearings that are listed for multiple days, we will agree a Brief fee that will include the preparation work as well as the first day at Court, we will then agree a Refresher fee for each additional day. If there are any additional costs then these will mostly be identified and agreed prior to any work being done for you. These may be hotel fees, travel costs/mileage etc. But there may also be unexpected additional costs, as in a case may go partheard unexpectedly and then we will need to charge a refresher fee. Please be aware that we are keen to keep your costs to the lowest level possible. Therefore we strongly advise that when you send any documentation to the barristers that you try to make it as clear as possible i.e. adding tables of contents, numbered pages, put documents in date order etc. Please also give a clear overview of your case and your exact requirements from the barrister. These will, hopefully, reduce the barristers time in preparing your case and ultimately your costs. Please note that though we require fees in advance for direct / public access work, the mere sending in of instructions will not entail any costs for you. The quote that we give will be free unless for some reason (e.g. the volume of work required to provide the quote) - which would be very unusual, some costs may need to be incurred. Timescales Timescales can vary depending on many factors such as the complexity of your case and work needed, barristers' availability, if additional documentation is needed and the availbility of the Court and other parties. The timescales will also be affected by any agreements/negotiations you have made with the other side, third party involvement and external factors such as witnesses’ availability. As a guide, more straightforward cases tend to have a hearing dates listed in Court within 8-12 months of a claim being issued. Harassment Policy 1. New Walk Chambers is committed to providing a work environment in which all individuals, clients and the public are treated with dignity and respect. New Walk Chambers is determined to promote a work environment in which everyone is treated equally and with dignity and can flourish. We expect all members of Chambers to comply with this policy and all those who, from time to time, may work for or at Chambers. 2. Harassment in any form will not be tolerated at New Walk Chambers. Harassment includes any unwanted conduct related to sex, race, disability, gender re-assignment, religion or belief, sexual orientation or age. Such behaviour may take many forms including; a) conduct which is unwanted by the recipient and perceived as hostile or threatening; b) conduct which gives rise to a hostile or threatening work environment; c) conduct which creates an atmosphere in which it is feared that rejection or submission will be used as a basis for decisions which have an impact on the recipient at work such as an allocation of work or tenancy decision. 3. The following are examples of types of behaviour which may amount to harassment: a) physical or sexual assault; b) requests for sexual favours in return for career advancement; c) unnecessary physical contact; d) exclusion from social networks and activities or other forms of isolation; e) bullying; f) compromising suggestions or invitations; g) suggestive remarks or looks; h) display of offensive materials, including on a computer screen; i) tasteless jokes or verbal abuse, including any sent by email; j) offensive remarks or ridicule; k) dealing inappropriately or inadequately with complaints of harassment. 4. Harassment is unlawful under the Equality Act 2010. In addition to the above unwanted conduct, it can arise where a person engages in any kind of unwanted sexual behaviour (or behaviour that is related to gender reassignment or sex). 5. Complaints of harassment should be made and will be dealt with in accordance with New Walk Chambers procedure for Grievances and Complaints set out in the Equality and Diversity Policy. 6. Harassment is misconduct for employees or a breach of the Bar Code of Conduct for barristers. 7. Chambers is committed to ensuring that no-one who makes an allegation of harassment in good faith should be subjected to any detriment as a result. Any victimisation of a complainant, witness or anyone else involved in the investigation of a complaint will be viewed as a disciplinary matter. 8. A copy of this policy is provided to all those for whom Chambers constitutes a working environment, including members of chambers, pupils, squatters, clerks and other employees, temporary workers, those who provide services to chambers such as mini-pupils and work experience students. 9. This policy will be reviewed by New Walk Chambers Equality and Diversity Officers every two years. The next review will be during September 2017. Equality & Diversity policy Equal Opportunities New Walk Chambers is committed to equality opportunity for all. It is Chambers policy to treat everyone equally and fairly and we assess candidates for pupillage and tenancy on merit alone, without reference to their background, age, ethnic or national origin, marital status, nationality, racial group, colour, religion or belief, gender, sexual orientation or disability. Equal Opportunities Policy 1. New Walk Chambers is committed to ensuring that equal opportunities are given to all pupils, members of Chambers and employees. Meaning that all pupils, members of Chambers and employees will be provided with equal opportunities without regard to sexual orientation, race, religious belief, colour, nationality, disability, ethnic or national origin, sex or marital status, age or any other unlawful criteria or circumstance (‘unlawful discrimination’). 2. We remind all pupils, members of New Walk Chambers that the responsibility to make sure that there is no unlawful discrimination rests not only with Chambers but also with each member as individuals and claims for discrimination and harassment can be brought against those members personally. Therefore, you must make sure that you do not unlawfully discriminate or assist others in doing so. You must always abide by the Bar Council/BSB regulations. Obligations 3. Equal opportunities must be provided without unlawful discrimination: (a) In recruitment of pupils, members of Chambers and employees. This includes the arrangements made when selecting pupils, members of Chambers and employees, any terms of pupillage or employment provided and in offering or refusing a person tenancy, pupillage, or employment with New Walk Chambers; (b) In any dealings with or on behalf of this Chambers and pupils, members of Chambers and employees; (c) In giving access to opportunities for transfer, promotion and training; (d) In the career development of pupils, junior members of Chambers and employees; (e) In the terms on which employment or pupillage is offered and in affording access to any benefits, facilities or services; (f) In ensuring that no pupil, member of Chambers or member of staff is victimised for complaining in good faith of unlawful discrimination or giving evidence about such a complaint; (g) Harrassment of any member of staff, other member of Chambers, client or other is totally unacceptable and will be subject to the Chambers disciplinary procedure; (h) In the manner in which and the reasons for which employees are dismissed; and (i) In ensuring that pupils, members of Chambers and employees are not treated unfavourably in any other way. Enforcement 4. All members of Chambers and pupils are required to comply with this policy. Failure to do so will result in the implementation of the Chamber’s disciplinary procedures. Obligation of pupils, members of Chambers and staff 5. If at any time during your pupillage at, membership of, or working at Chambers you believe that this policy is being or has been violated by any person, in any manner, we ask that you: (a) First speak to the person involved directly and ask them to stop their particular conduct; (b) Raise it with the Chambers’ Equal Opportunities Officer. The Chambers’ Equality Procedures will apply to any grievance or complaint about the implementation of this policy; or (c) Otherwise contact a member of the Management Committee. 6. The Chambers’ Equal Opportunities Officer is responsible for monitoring the effectiveness of this policy. We are committed to offering opportunities for gaining experience and practice development to all pupils and members of Chambers equally without discrimination. 7. New Walk Chambers is situated in a listed building and access can be a problem to some clients. Therefore, where required we can provide parking facilities with prior arrangement and can book a downstairs conference room. We will consider any requests for reasonable adjustments to assist disabled applicants including arranging conferences at other locations including where appropriate, among others, the clients home. 8. New Walk Chambers offers a generous maternity and paternity package (detailed in the Parental Leave Policy) in line with the Bar Council/legal requirements of the time and we are often much more generous and flexible. Similarly any requests for flexible, part-time working and career breaks (detailed in the Flexible Working and Career Break Policy) are viewed in line with the Bar Council/legal requirements of the time and are considered under that guidance. Each situation is tailored to the individual’s needs and circumstances. New Walk Chambers is committed to ensuring that there are two Equality and Diversity Officers and a Diversity Data Officer in Chambers. The Equality Officers will be responsible for all matters relating to equality and diversity, including compliance with Chambers’ policies, updating policies to meet changes in any legislation and guidance, and promotion of the policies within Chambers and externally where appropriate. New Walk Chambers takes these commitments very seriously and reviews them regularly. Equality & Diversity Officers Simon Reed Diversity Data Officer Kajal Dasani THE STANDARD CONTRACTUAL TERMS FOR THE SUPPLY OF LEGAL SERVICES BY BARRISTERS TO AUTHORISED PERSONS as referred to in Rule rC30.9c of the BSB Handbook INDEX OF CLAUSES NO. TITLE PAGE NO. 1. DEFINITIONS AND INTERPRETATION 1 2. APPLICATION OF THESE CONDITIONS 2 3. THE INSTRUCTIONS TO THE BARRISTER 3 4. RECEIPT AND ACCEPTANCE OF THE INSTRUCTIONS 3 5. CONFIDENTIAL INFORMATION AND PUBLICITY 4 6. ELECTRONIC COMMUNICATION 4 7. DATA PROTECTION 5 8. PROVIDING THE SERVICES 6 9. INTELLECTUAL PROPERTY RIGHTS 6 10. LIABILITY 6 11. FEES 6 12. BILLING, PAYMENT AND INTEREST 7 13. TERMINATION 8 14. WAIVER 8 15. SEVERABILITY 8 16. EXCLUSION OF RIGHTS OF THIRD PARTIES 8 17. ENTIRE AGREEMENT 9 18. NOTICES AND DELIVERY 9 19. GOVERNING LAW, JURISDICTION and DISPUTE RESOLUTION 9 STANDARD CONDITIONS OF CONTRACT FOR THE SUPPLY OF LEGAL SERVICES BY BARRISTERS TO AUTHORISED PERSONS 2012 1. DEFINITIONS AND INTERPRETATION 1.1 In these Conditions of Contract for the Supply of Services by Barristers to Authorised Persons (as defined below) (“the Conditions”): 1.1.1 reference to a clause is to the relevant clause of these Conditions; 1.1.2 headings are included for convenience only and do not affect the interpretation of these Conditions; 1.1.3 references to “parties” or a “party” are references to the parties or a party to the Agreement; 1.1.4 references to the masculine include the feminine and references to the singular include the plural and vice versa in each case; 1.1.5 references to a person include bodies corporate (including limited liability partnerships) and partnerships, in each case whether or not having a separate legal personality, except where the context requires otherwise; 1.1.6 references to an Act of Parliament, statutory provision or statutory instrument include a reference to that Act of Parliament, statutory provision or statutory instrument as amended, extended or re-enacted from time to time and to any regulations made under it; 1.1.7 references to any provision of the Code include references to that provision as amended replaced or renumbered from time to time; and 1.1.8 references to a person or body include references to its successor. 1.2 In these Conditions, the following words have the following meanings, except where the context requires otherwise:- “the Agreement” the agreement between the Barrister and the Authorised Person for the Barrister to provide the Services on the terms set out in these Conditions; “the Authorised Person” the person who is an authorised person for the purposes of s. 18(1)(a) of the Legal Services Act 2007 and whose approved regulator under that Act is the Law Society and/or the SRA, and all successors and assignees; “the Barrister” the barrister, practising as a member of the Bar of England & Wales, who is willing and able in that capacity to provide the Services in connection with the Case and in accordance with the Instructions from the Authorised Person on behalf of the Lay Client; “the Case” the particular legal dispute or matter, whether contentious or non-contentious, in respect of which the Barrister is Instructed to provide the Services; 1 “the Code” the Code of Conduct in the BSB Handbook, as amended from time to time; “Conditional Fee Agreement” the meaning ascribed to those words by section 58 of the Courts and Legal Services Act 1990; “the Instructions” the briefs, instructions and requests for work to be done (and all accompanying materials) given by the Authorised Person to the Barrister in whatever manner to enable him to supply the Services, and “Instruct” and “Instructing” shall have corresponding meanings; “Invoice” includes a fee note not amounting to a VAT invoice “the Law Society” the Law Society of England and Wales “the Lay Client” the person for whose benefit or on behalf of whom the Barrister is Instructed by the Authorised Person to provide the Services (who may be the Authorised Person where the Case concerns the affairs of the Authorised Person ) “the Services” the legal services provided by the Barrister in connection with the Case pursuant to the Instructions provided by the Authorised Person; “the SRA” the Solicitors Regulation Authority; and “the SRA Code” the part of the SRA Handbook published by the SRA on 16 September 2011 referred to as the “SRA Code of Conduct 2011” as amended from time to time. 2. APPLICATION OF THESE CONDITIONS 2.1 The Barrister provides the Services requested by the Authorised Person on the terms set out in these Conditions and subject to his professional obligations under the Code. 2.2 These Conditions (other than this clause 2.2) may be varied if, but only if, expressly agreed by the Parties in writing (including by exchange of emails). 2.3 By instructing the Barrister to provide further Services in relation to the Case, the Authorised Person accepts these Conditions in relation to those further Services, as well as in relation to the Services which the Barrister is initially instructed to provide. 2.4 These Conditions do not apply in the following circumstances: 2.4.1 the Barrister is paid directly (a) by the Legal Services Commission, through the Community Legal Service or the Criminal Defence Service or (b) by the Crown Prosecution Service; or 2.4.2 the Barrister has entered into a Conditional Fee Agreement in relation to the Case that does not specifically incorporate these Conditions. If the Authorised person wishes to seek Conditional Fee Agreement, they must explicitly inform the Barrister’s clerk via email (in the body of email itself and not within any document attached) before the case is booked. As standard business, the Barrister does not accept instructions under Conditional Fee Agreement unless it has been confirmed by the Barrister’s clerk in writing via email; otherwise, all bookings/ instructions are on a private fee basis. 2.5 Nothing in these Conditions nor any variation referred to in clause 2.2 shall operate so as to conflict with the Barrister’s duty under the Code or with the Authorised Person’s duty under the SRA Code. 3. THE INSTRUCTIONS TO THE BARRISTER 3.1 The Authorised Person must ensure the Instructions delivered to the Barrister are adequate to supply him with the information and documents reasonably required and in reasonably sufficient time for him to provide the Services requested. 3.2 The Authorised Person must respond promptly to any requests for further information or instructions made by the Barrister. 3.3 The Authorised Person must inform the Barrister immediately if there is reason to believe that any information or document provided to the Barrister is not true and accurate. 3.4 Where the Authorised Person requires the Barrister to perform all or any part of the Services urgently the Authorised Person must ensure that: 3.4.1 all relevant Instructions are clearly marked “Urgent”; and 3.4.2 at the time the Instructions are delivered the Barrister is informed in clear and unambiguous terms of the timescale within which the Services are required and the reason for the urgency. 3.5 The Authorised Person must inform the Barrister within a reasonable time if the Case is settled or otherwise concluded. 4. RECEIPT AND ACCEPTANCE OF THE INSTRUCTIONS 4.1 Upon receipt of the Instructions, the Barrister will within a reasonable time review the Instructions and inform the Authorised Person whether or not he accepts the Instructions. 4.2 The Barrister may accept or refuse the Instructions in the circumstances and for the reasons set out in the Code and the Barrister incurs no liability if he refuses any Instructions in accordance with the Code. 4.3 Notwithstanding acceptance of Instructions in accordance with Clause 4.1 above, the Barrister shall be entitled to carry out any customer due diligence required by the Money Laundering Regulations 2017. The Authorised Person will provide the Barrister with all reasonable assistance to carry out any necessary customer due diligence including (if required to do so) consenting to the Barrister relying upon the Authorised Person under Regulation 39 of the Money Laundering Regulations 2017. 4.4 In the event that the Barrister reasonably considers that the requirements of the Money Laundering Regulations have not been satisfied he may within a reasonable period after receipt of the Instructions withdraw any acceptance of those Instructions without incurring any liability. 4.5 Subject to the preceding provisions of this Clause 4, the Agreement comes into effect upon the Barrister accepting the Instructions or the case being booked in the diary (whichever is earlier). 5. CONFIDENTIAL INFORMATION AND PUBLICITY 5.1 The Barrister will keep confidential all information provided to him in connection with the Case unless: 5.1.1 he is authorised by the Authorised Person or the Lay Client to disclose it; 5.1.2 the information is in or comes into the public domain without any breach of confidentiality on the part of the Barrister; or 5.1.3 he is required or permitted to disclose it by law, or by any regulatory or fiscal authorities, in which case, to the extent that he is permitted to do so, he will endeavour to give the Authorised Person and/or the Lay Client as much advance notice as possible and permitted of any such required disclosure. 5.2 The Barrister owes the same duty of confidentiality to other lay clients, and will therefore not disclose or make use of any information that might be given to him in confidence in relation to any other matter without the consent of his other lay client, even if it is material to providing the Services. 5.3 Unless the Authorised Person expressly informs the Barrister to the contrary in advance in writing, the Barrister may allow the Instructions to be reviewed by another barrister or by a pupil (including a vacation pupil or mini-pupil) in chambers, on terms that that other barrister or pupil complies with clause 5.1. 5.4 Subject to his obligation under clause 5.1, the Barrister may make and retain copies of the Instructions and any written material produced by him. 5.5 To the extent such information is already in the public domain, the Barrister may disclose in his marketing and similar materials, and to prospective clients and publishers of legal directories that he is or has been instructed by the Authorised Person and/or for the Lay Client and the nature of the Case. To the extent any such information is not already in the public domain, the Barrister may only refer to it for marketing purposes in a form which sufficiently preserves the Lay Client’s privilege and confidentiality and (where the law so requires) with the Lay Client’s consent. 6. ELECTRONIC COMMUNICATION 6.1 Unless otherwise directed by the Authorised Person, the Barrister may correspond by means of electronic mail, (which may include unencrypted electronic mail) the parties agreeing hereby: 6.1.1 to accept the risks of using unencrypted electronic mail, including but not limited to the risks of viruses, interception and unauthorised access; and 6.1.2 to use commercially reasonable procedures to maintain security of electronic mail, subject to the parties' agreement in clause 6.1 hereof to use unencrypted electronic mail, and to check for commonly known viruses in information sent and received electronically. 7. DATA PROTECTION 7.1 The Barrister is a data controller for the purposes of the General Data Protection Regulation (Regulation (EU) 2016/679) and Data Protection Act 2018 and is bound by the Regulation and the Act amongst other things, to implement appropriate technical and organisational measures to ensure an appropriate level of security of personal data including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage. The Barrister is entitled to process (which includes obtaining, consulting, holding, using and disclosing) personal data of the Lay Client, the Authorised Person and others: to enable him to provide the Services; to liaise with the Authorised Person in respect of the Lay Client’s case or on the Lay Client’s behalf; to pursue his legitimate interests, including maintaining and updating client records, producing management data, preventing crime, and publicising his activities as set out in clause 5.5 above, except where those interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data; and to comply with legal and regulatory requirements to which he is subject. 7.2 The Barrister will process personal data in accordance with the Barrister’s privacy notice. 7.3 The Lay Client and the Authorised Person each have, subject to the exemptions provided in the Regulation and the Act; 7.3.1 the right of access to their personal data 7.3.1.1 for the purpose of rectification or erasure of their personal data or restriction of processing concerning the data subject or to object to processing; 7.3.1.2 to exercise their right to data portability; 7.3.2 the right to withdraw consent to the processing of personal data (it being understood that, in the event of such withdrawal of consent, the Barrister may no longer be able to continue to act and that the Barrister may continue to process the personal data for purposes which are permitted by law notwithstanding the withdrawal of consent); 7.3.3 the right to lodge a complaint with the Information Commissioner. 7.4 The Authorised Person consents to the processing of his personal data in accordance with paragraphs 7.1 and 7.2 hereof and hereby warrants [and undertakes] that he has informed the Lay Client of the processing by the Barrister of the personal data in accordance with paragraphs 7.1 and 7.2, has provided a copy of these terms to the Lay Client, and has obtained a written confirmation from the Lay Client recording both the consent from the Lay Client to the processing for the purposes specified paragraphs 7.1 and 7.2 and the acknowledgement from the lay client that he has been notified of his rights under clause 7.3, which confirmation the Authorised Person undertakes to produce upon demand. 8. PROVIDING THE SERVICES 8.1 The Barrister will exercise reasonable skill and care in providing the Services. The Barrister acknowledges the existence of a duty of care owed to the Lay Client at common law, subject to his professional obligations to the Court and under the Code. 8.2 The Barrister will provide the Services by such date as may be agreed between the parties, and in any event will do so within a reasonable time having regard to the nature of the Instructions and his other pre-existing professional obligations as referred to in paragraphs CD7, rC18, rC21 and rC87 of the Code of Conduct in the BSB Handbook. 8.3 The Barrister may delegate the provision of any part of the Services but will remain responsible for the acts, omissions, defaults or negligence of any delegate as if they were the acts, omissions, defaults or negligence of the Barrister. 8.4 The Barrister will, in addition, provide all information reasonably required to enable the Lay Client and/or Authorised Person to assess what costs have been incurred and to obtain and enforce any order or agreement to pay costs against any third party. 9. INTELLECTUAL PROPERTY RIGHTS 9.1 All copyright and other intellectual property rights of whatever nature in or attaching to the Barrister’s work product, including all documents, reports, written advice or other materials provided by the Barrister to the Authorised Person or the Lay Client belong to and remain with the Barrister. The Authorised Person and the Lay Client have the right and licence to use the Barrister’s work product for the particular Case and the particular purpose for which it is prepared. If the Authorised Person or the Lay Client wishes to use copies of the Barrister’s work product for purposes other than those for which it is prepared, this will require the express written permission of the Barrister. The moral rights of the Barrister in respect of his work product are asserted. 10. LIABILITY 10.1 Subject to Clause 10.2 below, the Barrister is not liable: 10.1.1 For any loss or damage, however suffered, by any person other than the Lay Client; 10.1.2 for any loss or damage, however suffered, which is caused by inaccurate, incomplete or late Instructions; 10.1.3 for any indirect or consequential loss however suffered. 10.2 Nothing in Clause 10.1 shall operate so as to exclude liability where such exclusion is prohibited by law. 11. FEES 11.1 The fee for the Services shall in all cases comply with paragraph rC9.7 of the Code and will be calculated as agreed between the Barrister (or his clerk on his behalf) and the Authorised Person, whether prospectively or retrospectively. 11.2 The Barrister may agree to provide the Services for a fixed fee or may agree to provide the Services on the basis of an agreed hourly rate or on such other basis as may from time to time be agreed. If an hourly rate is agreed: 11.2.1 the agreed hourly rate will be subject to reasonable periodic review by the Barrister, and in addition may be reviewed by the Barrister to reflect any reasonably significant changes in his status or seniority; 11.2.2 any variation of the agreed hourly rate and the date on which it shall take effect shall be agreed with the Authorised Person, and in default of agreement the Barrister shall be entitled to treat the Agreement as having been terminated by the Authorised Person, subject to the Barrister’s obligations under paragraphs rC25-rC27, and related guidance, of the Code. 11.3 If no fee or hourly rate is agreed, then the Barrister is entitled to charge a reasonable fee for the Services having regard to all relevant circumstances. Also, if the case exceeds the estimated hearing time or continues after the usual court hours (4pm), the Barrister is entitled and may charge an additional fee for the Services having regard to all relevant circumstances. 11.4 The fee for the Barrister’s Services is exclusive of any applicable Value Added Tax (or any tax of a similar nature), which shall be added to the fee at the appropriate rate. 11.5 Once brief/instructions are received (whether physical or electronic), or the case is booked in the diary (regardless of whether the brief/instructions are received or not), the fee becomes payable in full. However, the following (11.6 – 11.6.3) shall apply in cases where the case has been booked in the diary but the brief/instructions has not been received yet. 11.6 If (a) a booking is cancelled for whatever reason (case settles, concludes, discontinued, adjournment, hearing being vacated, etc); or (b) if barrister has to withdraw as per clause 13; or (c) if clause 4 applies (where case was booked in the diary, but instructions/ brief were not provided by the authorised person at the time of booking and upon receipt of instructions/brief the barrister exercises the right/s under clause 4.1- 4.4), the following shall apply: 11.6.1 If the booking is cancelled more than 14 days before the date of hearing/ conference, drafting work, etc then 30% of the fees will be applicable. 11.6.2 If the booking is cancelled more than 7 days but less than 14 days before the date of hearing/ conference, drafting work, etc then 50% of the fees will be applicable. 11.6.3 If the booking is cancelled 7 or less than 7 days before the date of hearing/ conference, drafting work, etc then 100% of the fees will be applicable. 12. BILLING, PAYMENT AND INTEREST 12.1 The Barrister shall be entitled to deliver an Invoice to the Authorised Person in respect of the Services or any completed part thereof and any disbursements at any time after supplying the Services or the relevant part thereof. 12.2 The Barrister shall deliver an Invoice to the Authorised Person in respect of the Services or any part thereof and any disbursements as soon as reasonably practicable after and not more than 3 months from the earliest of: (a) a request by the Authorised Person; (b) notification by the Authorised Person that the Case has settled or otherwise concluded; or (c) termination of the Agreement. 12.3 The Invoice must set out an itemised description of: 12.3.1 the Services provided by the Barrister and the fees charged; 12.3.2 any disbursements incurred and the cost thereof; and 12.3.3 VAT (or any tax of a similar nature), if any. 12.4 The Authorised Person must pay the Invoice within 30 days of delivery, time being of the essence, whether or not the Authorised Person has been put in funds by the Lay Client. The Invoice must be paid without any set-off (whether by reason of a complaint made or dispute with the Barrister or otherwise), and without any deduction or withholding on account of any taxes or other charges. 12.5 Where the Barrister has delivered a fee note, on request by the Authorised Person the Barrister will deliver a VAT invoice following receipt of payment. 12.6 If the Invoice remains outstanding more than 30 days from the date of delivery, the Barrister is entitled: 12.6.1 to the fixed sum and interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998; 12.6.2 to sue the Authorised Person for payment; and 12.6.3 subject to the Barrister’s obligations to the Court and under paragraphs rC25-rC27 of the Code, to refrain from doing any further work on the Case unless payment for that further work is made in advance. 12.7 Notwithstanding clause 11 and clause 12 above, the barrister may request the fees to be paid in advance and if such request is made the barrister may not carry out the services (including to attend the hearing/ conference, drafting work, etc) if fees are not paid in advance in clear funds by the requested date. 13. TERMINATION 13.1 The Authorised Person may terminate the Agreement by giving notice to the Barrister in writing at any time. 13.2 The Agreement will terminate automatically as soon as the Barrister is under an obligation pursuant to paragraphs rC21-rC30 and related guidance of the Code or otherwise to withdraw from the Case or to cease to act and has complied with any requirements of the Code in so doing. 13.3 The Barrister may terminate the Agreement by written notice when he is entitled pursuant to paragraphs rC25-rC27 of the Code or otherwise to withdraw from the Case or cease to act and has complied with any requirements of the Code in so doing. 13.4 For the avoidance of doubt, termination of the Agreement, whether under this clause 13 or otherwise, does not affect or prejudice any accrued liabilities, rights or remedies of the parties under the Agreement. 14. WAIVER 14.1 Except where expressly stated, nothing done or not done by the Barrister or the Authorised Person constitutes a waiver of that party’s rights under the Agreement. 15. SEVERABILITY 15.1 If any provision of these Conditions is found by a competent court or administrative body of competent jurisdiction to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the other provisions of these Conditions which will remain in full force and effect. 15.2 If any provision of these Conditions is found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question will apply with such deletions as may be necessary to make it valid and enforceable. 16. EXCLUSION OF RIGHTS OF THIRD PARTIES 16.1 This Agreement governs the rights and obligations of the Barrister and the Authorised Person towards each other and confers no benefit upon any third party (including the Lay Client). The ability of third parties to enforce any rights under the Contracts (Rights of Third Parties) Act 1999 is hereby excluded. 17. ENTIRE AGREEMENT 17.1 Subject to clauses 2.2 and 11.1, the Agreement, incorporating these Conditions, comprises the entire agreement between the parties to the exclusion of all other terms and conditions and prior or collateral agreements, negotiations, notices of intention and representations and the parties agree that they have not been induced to enter into the Agreement on the basis of any representation. 18. NOTICES AND DELIVERY 18.1 Any notice or other written communication to be given or delivered under this Agreement may be despatched in hard copy or in electronic form (including fax and email) and shall in the case of a notice to be given to the Barrister be given to him at his last known Chambers’ address, fax number or email address and shall in the case of a notice to be given to the Authorised Person be given to him at his last known place of business, fax number or email address. 18.2 Notices and other written communications under this Agreement shall be deemed to have been received:- 18.2.1 In the case of hard copy documents despatched by first class post, on the second working day next following the day of posting; 18.2.2 In the case of documents despatched by second class post, on the fourth working day next following the day of posting; 18.2.3 In the case of documents in electronic form, on the working day next following the date of despatch. 19. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION 19.1 The Agreement and these Conditions shall be governed by and construed in accordance with the law of England and Wales. 19.2 Unless any alternative dispute resolution procedure is agreed between the parties, the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any dispute which arises out of or under this Agreement. * 19.3 Without prejudice to Clause 19.2, the parties may agree to alternative methods of dispute resolution, including submission of any dispute regarding fees to the Voluntary Joint Tribunal on Barristers' Fees where the Authorised Person is a solicitor.† * The parties are reminded that if a judgment or a Voluntary Joint Tribunal’s award is not fully paid within 30 days, the Barrister may request the Chairman of the General Council of the Bar to include the solicitor on the List of Defaulting Solicitors. Barristers regulated by the Bar Standards Board.