Standard Terms
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..........................................................................................2
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..........................................................................................................................6
8. PROVIDING THE SERVICES.............................................................................................................7
9. INTELLECTUAL PROPERTY RIGHTS.............................................................................................7
10. LIABILITY ...........................................................................................................................................7
11. FEES......................................................................................................................................................7
12. BILLING, PAYMENT AND INTEREST.............................................................................................8
13. TERMINATION ...................................................................................................................................9
14. WAIVER...............................................................................................................................................9
15. SEVERABILITY ................................................................................................................................10
16. EXCLUSION OF RIGHTS OF THIRD PARTIES.............................................................................10
17. ENTIRE AGREEMENT .....................................................................................................................10
18. NOTICES AND DELIVERY..............................................................................................................10
19. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION ...........................................11
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 reenacted
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;
2
“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
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 ofviruses, 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.
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.