No5 Chambers and its barrister members provide this information in accordance with their obligations under the Provision of Services Regulations 2009. It includes important information as to its terms of business which will take effect from 31st January 2013.
Our Regulator
Members of Chambers are individual self-employed barristers each of whom is regulated by the Bar Standards Board. The BSB website includes the Code of Conduct which regulates the professional behaviour and standards of all barristers. Individual members of Chambers are all members of the Bar Council of England and Wales, an organisation which provides representation, support and services for barristers. All our members can be found on the BSB Barristers' Register.
Main Features of our Barristers’ Services and the Price
1. Standard terms with solicitors and other authorised persons
Our standard published terms of business are the contractual terms of business set out in Annexe T to the Code of Conduct. These new terms can be found here.
We are seeking to agree generic terms of business with firms of solicitors for whom we regularly provide services. It is a breach of the Code of Conduct for a barrister to refuse to accept instructions to be undertaken in accordance with our published standard terms of business (i.e. the terms to be found at Annexe T or our other standard terms below).
Personal injury/clinical negligence
Where a standard CFA trade agreement exists between APIL (the Association of Personal Injury Lawyers) and PIBA (Personal Injury Bar Association) in personal injury cases, then the latest agreement will generally govern the relationship between barrister and solicitor.
Non-personal injury CFAs
We will use the Chancery Bar Association CFA agreement from time to time (in non-personal injury/clinical negligence proceedings).
Public funding
Where services are provided under a public funding certificate or other statutory arrangement then the standard contractual terms 2012 will not apply. The relevant statutory provisions will govern the relationship between barristers and their instructing solicitors.
2. Standard terms with other clients
Public and Licensed Access
You will find our standard public access agreement here
If you are not a solicitor or other "authorised” person (i.e. one regulated by the Law Society or SRA), then Chambers’ default position is that the barrister will provide services to you either under our standard Public Access agreement (if you are a member of the public) or under the standard Licensed Access agreements as recognised by the Bar Council (which apply to members of professional bodies such as the Royal Town and Country Planning Association and the Royal Institute of Chartered Surveyors).
Please click here to read a more comprehensive description of the scheme and to assist you in deciding whether your case is suitable.
Transparency Statement
The Practice Directors & Clerks are able to provide fee estimates and will quote on a fixed fee or hourly rate basis dependant on the requirements of those instructing.
The Practice Director and Clerks will also keep you updated on timescales and changes which may have an effect on your case. Timescales for a case may vary depending on factors such as barristers’ availability, the type and complexity of the case, the other side’s approach, the amount of papers you need to review, the need for additional information for documents, third parties intervening in the case and court waiting times. We endeavour always to work within a client’s requested time scale, however short that may be. In circumstances where a deadline cannot be met, the client will be informed at the earliest opportunity.
No5 is fully committed to transparency in relation to fees. and we normally calculate them by reference to the amount of time required and a commercial hourly rate applicable to the relevant barrister. In addition to this calculation, the practice director will consider the nature of the case including its complexity before quoting a fee.
Our fees are flexible and competitive, the hourly rates may vary as a result of the experience and seniority of your Barrister as well as its urgency and complexity.
When the case has been accepted and allocated to a Barrister, we will review the case and assess the matter to ensure that no further information is required. This assessment process may affect the standard turnaround time and the fee but the fee will be confirmed at this point. If you then agree to the work being undertaken, we will ask you to sign a Client Care Letter and you will be committed to pay the fee
Please be aware that in the majority of cases the fee being quoted will be a net figure and VAT will need to be added unless specifically stated otherwise.
Complaints
In the first instance, complaints are dealt with by our own internal process. Full details of our complaints procedure can be found here.
You may complain up to 6 years from the date of the incident however, you should lodge a complaint at the earliest opportunity.
If you are a client and do not accept our findings of the complaint, you may refer the matter to the Legal Ombudsman: https://www.legalombudsman.org.uk/
The Legal Ombudsman records data of the complaints it has investigated. That data can be found here: https://www.legalombudsman.org.uk/raising-standards/data-and-decisions/
If you are not a client and do not accept our findings of the complaint, you may refer the matter to the Bar Standards Board. A link to their website can be found here: https://www.barstandardsboard.org.uk/complaints-and-professional-conduct/
The Bar Tribunals and Adjudication Service investigate complaints made to the Bar Standards Board. Details of findings and sanctions can be found here: https://www.tbtas.org.uk/wp-content/uploads/hearings/4546/Approved-REport-of-Finding-and-Sanction-Wheaton.pdf
