Terms of Business
The members and pupils of Selborne Chambers provide their services to their instructing solicitors and to their licensed access clients in accordance with and subject to (a) the Bar Standards Board Handbook (as in force from time to time) and (b) The Standard Contractual Terms for the Supply of Legal Services by Barristers to Authorised Persons 2020 (“the Standard Terms”) subject to the amendments below. Separate terms are available in relation to any direct access instructions. Enquiries should be made to the clerks. The capitalised terms below have the meanings ascribed to them in the Standard Terms.
The Standard Terms apply, subject to the following amendments:-
(a) The definition of “the Authorised Person” in Condition 1.2 shall include any licensed access client who delivers Instructions to the Barrister pursuant to the Code; and
(b) The definition of “the Services” in Condition 1.2 shall include the commitment by the Barrister to prepare for and attend a trial, appeal, arbitration, mediation or other hearing (“hearing”); and
(c) For the purposes of Conditions 11.1 and 11.2, a fixed fee agreed for the commitment by the Barrister to prepare for and attend a hearing (“brief fee”) shall be payable in full (unless otherwise agreed in writing) even if that hearing does not take place following the acceptance of the Instructions, whether because the Case has settled, or because of the termination of the Agreement under Condition 13 or any other reason; and
(d) Unless otherwise agreed in writing, a brief fee shall include the Barrister’s attendance on the first day (or part of a day) of the trial, appeal or other hearing, but not his attendance on any subsequent day, for which a separate fee (“refresher”) shall be paid; and
(e) Condition 10.2 shall be amended so that it reads: “Nothing in Clause 10 shall operate so as to exclude liability where such exclusion is prohibited by law”; and
(f) There shall be added a new Condition 10.3 which provides: “If the Barrister is liable to the Lay Client solely as a result of a breach or breaches of these Conditions or of any other contractual provision of the Agreement and would not otherwise have been liable (whether at common law, including negligence, in equity or otherwise), that liability shall be limited to the sum stated in the Agreement. If no such sum is stated, the limit of that liability will be £100,000, being the highest limit of cover for such liabilities provided to Barristers by the Bar Mutual Indemnity Fund.”; and
(g) There shall be added a new Condition 10.4 which provides: “For the avoidance of doubt and notwithstanding anything herein, the Barrister’s liability (whether at common law, including in negligence, in equity or otherwise) in respect of (1) any and all breach or breaches of the Barrister’s obligations in providing the Services, and/or (2) any and all breach or breaches of the Barrister’s obligations in providing the Services arising from or which are attributable to the same act or omission, series or group of related acts or omissions, a series or group of similar acts or omissions, or the same originating cause, or any of them shall be limited to and shall not exceed the amount of cover provided by the Barrister’s insurers or, if the Barrister is solely liable as a result of a breach or breaches of these Conditions or of any other contractual provision of the Agreement as set out in Condition 10.3, the sum stated therein.”; and
(h) Where a payment or a series of payments are agreed with the Authorised Person to be made by a specific date or dates, those payments are to be made on or before the date or dates agreed (time being of the essence in relation to the payment(s)) and irrespective of whether an Invoice has been delivered in relation to it/them. In those circumstances, Condition 12.6.3 shall apply; and
(i) Condition 19.2 shall be subject to the proviso that, if the Barrister notifies the Authorised Person in writing that he requires any dispute regarding the fees payable (provided those fees exceed £5,000) or any other matter relating to the Agreement to be determined by arbitration, it is agreed by the parties that all disputes, claims and differences arising under or in connection with the Agreement (including any question regarding its existence, validity, interpretation or termination) shall be referred to arbitration by a barrister of not less than 15 years standing to be nominated for this purpose by the Chairman of the Bar Council. The award of such arbitrator shall be final and binding on the parties.