Terms & Conditions

Welcome to the Barrister's Clerk website. These Terms and Conditions apply to all enquiries and instructions managed by the Barrister's Clerk. They should be read alongside our Privacy Policy.

1. Overview

• —All work is subject to these terms unless alternative arrangements are agreed in writing.
• —Before work begins, you will receive a client care letter outlining the scope, fees, and terms.
• —A binding contract is formed once you accept the client care letter and payment is received.

2. Information Requirements

• —To process your enquiry, you must provide accurate and complete information, including full name and contact details, details of your matter, and relevant documents.
• —We only collect necessary information. Insufficient information may prevent the enquiry from progressing.
• —All personal data is handled in accordance with our Privacy Policy.

3. Scope of Work

• —Work is limited to what is agreed in the client care letter.
• —Additional work requires a new written agreement.
• —No ongoing obligations exist after the agreed work is completed.

4. Fees and Payment

• —Fees are clearly set out in the client care letter.
• —Payment is required before work begins, unless otherwise agreed.
• —Fees apply only to the agreed scope; extra work is charged separately.
• —Work may be suspended if payment is not received.
• —Interest may be charged at up to 4% above the Bank of England base rate on late payments.

5. Cancellation and Refunds

• —Fees may still be payable for work already completed.
• —A reasonable fee may apply for preparatory work or time reserved.
• —Refunds are at the barrister's discretion; once work is completed, fees are non-refundable.

6. Hearings

• —Court Coordination: If you are a litigant in person, you must provide the court with your barrister's correct contact details.
• —Deadlines: Unless specifically agreed otherwise, you remain responsible for meeting all court-mandated deadlines and directions.
• —Fees & Preparation: Fees cover both initial preparation and the reservation of your hearing dates. As this time is set aside exclusively for your case, fees are non-refundable once instructions are confirmed. This includes instances where a hearing concludes early, is vacated, or is adjourned by the court.
• —Court Adjournments: Should the court vacate or adjourn a hearing at short notice, you may be entitled to pursue a complaint with HM Courts and Tribunals Service or consider a claim for wasted costs.
• —Scheduling Accuracy: Please ensure hearing dates are accurate and complete. Any additional days required beyond the original instruction will incur further fees.

7. Further Work

• —A new client care letter will be issued for additional work.
• —The barrister's availability cannot be guaranteed.

8. Limitation of Role

• —The Barrister's Clerk provides administrative and coordination support only.
• —Legal advice and representation are provided by the barrister.
• —The barrister is solely responsible for the legal services delivered.

9. Liability

• —Professional indemnity insurance is maintained by the Barrister in line with regulatory requirements.
• —Liability is limited to the level of cover held by the Barrister at the time of instruction.
• —The Barrister accepts no liability for indirect or consequential losses, including loss of profits or opportunity.
• —The Clerk acts as an agent for the Barrister and accepts no personal or professional liability for the legal services provided.

10. Regulatory Position

• —Barristers are regulated by the Bar Standards Board.
• —Public or Direct Access instructions do not include legal aid. Raise any legal aid queries at the outset.

11. Data Protection

• —Personal data is handled in accordance with our Privacy Policy.
• —Data is used only to manage enquiries, provides coordination and practice management services, and meet legal or regulatory obligations.

12. Complaints

If you are dissatisfied with any aspect of the service, please consult our Complaints Information page or raise a concern by contacting us directly.

13. Changes to These Terms

• —Terms may be updated periodically.
• —The version in effect at the time of your instruction applies to your matter.

14. Governing Law and Jurisdiction

• —England and Wales matters: governed by the laws of England and Wales.
• —Hong Kong matters: governed by the laws of the Hong Kong Special Administrative Region.
• —Hong Kong disputes: subject to the rules and procedures of the Hong Kong International Arbitration Centre (HKIAC).