Terms & Conditions

Our current policy

Standard terms and conditions of business

Many of our clients will know that the Bar intends to introduce contractual terms of business and has been discussing those terms with interested parties. However, the standard form of such terms has yet to be finalised.

In the meantime, Hogarth Chambers has produced its own standard terms and conditions of business. Where applicable, these will be drawn to the attention of instructing solicitors and attorneys when instructions are received. Our clerking team is always happy to discuss them, and to agree any necessary variations to those terms, or (in an appropriate case) to agree that such terms shall not apply.

If you have any queries about the standard terms and conditions of business, please do not hesitate to speak to Sue Harding, Clive Nicholls or Andy Clayton.

Terms for the supply of legal services by members of Hogarth Chambers

1. These terms apply in respect of every case in which you instruct a member of Hogarth Chambers (“the Barrister”) to provide you with legal services, including (but not limited to) giving advice, drafting documents of any kind and providing advocacy services of all kinds, unless
(a)     alternative terms have been specifically agreed between the Barrister and your firm;
(b)     the case is publicly funded; or
(c)      the instructions are the subject of a conditional fee agreement.
 
2. The instructing solicitor or attorney warrants that s/he is authorised by the firm on whose behalf s/he acts (“the Firm”) to instruct the Barrister upon these terms.
 
3. The Barrister may accept, refuse or return instructions in the circumstances and for the reasons set out in the Bar Code of Conduct and will incur no liability to the Firm or to the instructing solicitor or attorney if s/he refuses or returns any instructions accordingly.
 
4. An agreement upon these terms will come into effect upon acceptance of instructions by the Barrister, either by the communication to the Firm by the Barrister that s/he accepts the instructions or upon commencement by the Barrister of the performance of any service comprised in or requested by the instructions.
 
5. The Firm shall be responsible for ensuring that adequate instructions are provided to the Barrister in sufficient time for her/him to perform the required services. Where the matter is urgent, the Firm shall mark any written instructions "Urgent" and shall ensure that the Barrister is informed of the urgency of the matter at the time of delivery of the instructions.
 
6. The Barrister shall perform the services requested in accordance with the Bar Code of Conduct within such period as may be agreed between the parties, and otherwise as soon as s/he reasonably can subject to her/his pre-existing professional obligations and the particular circumstance of the case. The Barrister and the Firm acknowledge that the Barrister owes her/his primary professional duty to the lay client.
 
7.  If the Barrister's fees have been agreed, or a charging rate has been agreed, before the completion of the performance of the services, s/he may at any time after completion of the services send a fee note to the Firm in relation to the agreed fee, or upon the basis of the agreed charging rate.
 
8.  If the Barrister's fees have not been agreed before the completion of the performance of the services, s/he may at any time after completion of the services send a fee note to the Firm specifying the fees for the work done. Such fees shall be charged at a reasonable professional rate having regard to all the circumstances, including (a) the complexity, length, difficulty, urgency, and value of the case, (b) the Barrister's ability, experience, expertise, seniority and reputation, and (c) any additional factors specific to the case, including any expenses incurred by the Barrister. The fee note shall set out reasonable particulars of the work done.
 
9.  If the Firm wishes to challenge the fees specified in a fee note, it shall respond in writing within 28 days of the date of the fee note (time to be of the essence), setting out those parts of the fees which are challenged and the reasons for such challenge. 
 
10. In the absence of challenge, the fees shall be deemed to be agreed and shall fall due for payment 60 days after the date of the fee note.
 
11.  Where fees have been challenged under term 9 above, the Firm and the Barrister shall use all reasonable endeavours to resolve the challenge by agreement, but where no such agreement has been reached within two months after the date of the challenge, the Barrister shall be entitled to institute recovery proceedings in the Courts of England and Wales in respect of the said fees.
 
12.  In the event that any of the fees charged in fee note are not paid to the Barrister within 60 days after the date of the fee note then the Barrister reserves the right to charge simple interest upon such of those fees as are outstanding from time to time at the rate of 2% above the National Westminster Banks Plc’s base rate from time to time from that date until payment.
 
13.  The Firm, its partners, sole practitioner, directors, members and/or principals (as the case may be) shall be jointly and severally liable under these terms, in particular as to payment of the Barrister’s fees and shall be so liable whether or not the Firm has been put in funds by its client(s).
 
14.  If having considered the instructions or the brief, the Barrister is of the opinion that the potential liability that may arise by operation of the law of negligence, contract or any other law in relation to the execution or discharge of the instructions or brief, exceeds that covered by her/his insurance, s/he  shall notify in writing the Firm before commencing the work or appearing in court but in any event within 14 days of receipt of the instructions or brief that s/he  wishes to limit liability to the limit of her/his insurance cover (such limit to be identified expressly in the written notification) or other stated limit provided such exceeds the limit of insurance cover. Upon receipt of such notification, the Firm shall within 7 days
 
(i) accept the limitation by written notification to the Barrister and ensure that the lay client is notified of such a limitation; or
 
(ii) if it does not agree to such a proposal, notify in writing the Barrister to such effect and withdraw the instructions or brief.
 
A failure to respond in writing within 7 days of written notification by the Barrister of her/his desire to impose a limitation on her/his  liability shall be deemed to amount to an acceptance of the proposed limitation of liability.
 
Money Laundering Regulations 2007

15. In accordance with the guidance of the Bar Council following the Money Laundering Regulations, all instructions are accepted upon the following basis:
 
 Whenever a member of Hogarth Chambers is asked to advise or draft documentation in relation to
(i)    the buying or selling of property or business entities; or
(ii)   the creation, operation, or management of trusts, companies or similar structures,
 such instructions are accepted upon the understanding that our instructing solicitors, being subject to the Money Laundering Regulations 2007, confirm that:-
 
1. They have established the identity of their client[s] in accordance with Part 2 of the Regulations.

2.  With regard to record-keeping and other procedures, it is the policy of their firm to maintain procedures which comply with Regulations 8, 19 and 20 of the Regulations.

3.  They consent to our reliance on them to carry out the customer due diligence required under the Regulations.
 
All such instructions are deemed to be accepted upon this basis unless otherwise agreed in writing.