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Terms of Business

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. You will find the details of the BSB at www.barstandardsboard.org.uk.  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.

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. See here.
 
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 Access and Licensed Access
 
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 (which apply to members of professional bodies such as the Royal Town and Country Planning Association and the Royal Institute of Chartered Surveyors).
 

You will find our standard public access agreement here.

The Bar Council’s Licensed terms will be found here.

General
 
In each case it will be the individual barrister through his or her clerk who agrees the relevant detailed terms of business with you. Terms will have to be agreed electronically before the barrister starts work.  No formal agreement will be required where public funding is in place.
 

Our usual terms of business

Here is the full raft of our usual terms of business:

 
No5 Chambers Limited and VAT
 
No5 Chambers Limited is the umbrella Company which provides services and assistance to the barrister members of Chambers by entering into service and other contracts for their benefit. The VAT number of No5 Chambers Limited is 614 061 088.
 
Individual members of Chambers charge separately for their services. Their separate VAT numbers are available on request but will be first submitted to clients when a fee note is generated.
 
Professional Indemnity Insurance
 
All barristers in Chambers have professional indemnity insurance to a minimum level of £500,000, although many barristers have additional indemnity insurance in excess of the minimum. Insurance cover is provided by Bar Mutual which can be contacted via www.barmutual.co.uk. Some barristers have further top-up insurance provided either via BMIF or through in the open market.
 

Complaints

We hope that you will never feel the need to make a complaint. If you do then you can access our complaints process here.