Standard Terms with Solicitors and persons authorised by the SRA
This section does not apply to Clients instructing a Barrister directly under the Public Access Scheme: for that information please click here.
Since January 2013, the basis upon which barristers accept instructions from solicitors and persons regulated by the Solicitors Regulation Authority (SRA) has changed. Barristers must now expressly agree with solicitors or any persons authorised by the SRA the terms upon which they perform any work.
The Bar Code of Conduct of England and Wales now means that under the Cab Rank Rule barristers are obliged to accept instructions which are offered either: (a) on the Standard Contractual Terms for the Supply of Legal Services to Authorised Persons 2012 – Annexe T to the Bar Code of Conduct (“the Bar Council Terms”) (as amended) or (b) on terms which a barrister or the barrister’s chambers have published as the barrister’s standard terms of work.
Members of Chambers have adopted as their published Standard Terms with Solicitors in Commercial Cases, the General Terms produced by the Commercial Bar Association and the City of London Law Society (“the Combar/CLLS Terms”).
These Combar/CLLS Terms with Solicitors and Authorised Persons, who have been authorised by the SRA, shall apply only to commercial matters in which members of Chambers are instructed. For the payment terms, please ask for further information.
Where the Combar/CLLS Terms are to be used, agreement may be achieved by both the solicitor/SRA-authorised person and the barrister completing the front sheet of the terms and both formally signing it. Alternatively, final agreement may be achieved by an email exchange confirming that the barrister and the solicitor/SRA-authorised person both intend to be bound by a contract incorporating the Combar/CLLS terms, and setting out the information required by the front sheet of the terms, together with any amendments agreed. Any person duly authorised to act as the barrister's clerk has authority for these purposes to enter into an agreement incorporating the terms on behalf of such barrister.
Members of Chambers have adopted, as their published Standard Terms with Solicitors in Non-Commercial Cases, the Standard Contractual Terms for the Supply of Legal Services by Barristers to Authorised Persons 2012 – Annexe T to the Bar Code of Conduct shall apply ("the Bar Council Terms").
The Bar Council Terms shall, by default and unless otherwise agreed in writing, apply to all instructions in non-commercial cases from Solicitors and Authorised Persons who have been authorised by the Solicitors Regulation Authority (SRA).
Please click here for a copy of the Bar Council Terms.
Barristers shall, of course, consider alternative terms of engagement, or variations to the published standard terms; but barristers are not obliged under the Cab Rank Rule to accept instructions on such terms and they must be expressly agreed to by the barrister in writing/by email.
Should you have any queries about our terms please do not hesitate to contact us on 020 7183 8011.
(Last Rev: 05/2018)
Canary Wharf Chambers
Level 18 40 Bank Street
Canary Wharf
LONDON
E14 5NR
United Kingdom
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Barristers Chambers in London