Rhys Hadden reviews the recent case: R (on the application of C) v Secretary of State for Justice [2016] UKSC 2 – Feb 2016

Public Access (also known as Direct Access)

If you are a member of the public, the Bar Standards Board’s Public Access Guidance for Law Clients is available here.

This guidance will help you to understand how the Public Access scheme works and explains how you can use it to instruct barristers directly.

Please note not all of our barristers act on a public access basis. Please check with the clerks and on the Public Access page on our website to see which barristers are able to act on a direct / public access basis.

We have barristers who are able to provide services on a public access basis including in the following areas:

• Crime
• Property, Trusts & Estates
• Employment & Discrimination
• Commercial
• Insolvency

What are the levels of fees to be charged for Public Access work?

Guildhall Chambers provides further information on the likely level of fees to be charged for specific areas of work if the barrister is instructed on a Public access basis. We provide this information in relation to work on a Public Access basis for:

• Summary only motoring offences;
• Employment tribunal work (in relation to unfair and wrongful dismissal cases);
• Inheritance Act advices (where the value of the estate is less than £300,000);
• Winding-up petitions

Please click on the relevant area to find out more information about the likely level of fees for the services of our barristers in these areas. This information is also available in hard copy format.

Please note that all of the above indicative fee information is still dependent upon the usual factors which may increase (or in some circumstances decrease) the likely cost of the barrister’s services.

Please read this information when considering the range of likely fees in these areas of Public Access work. For the most accurate information on the potential fees involved in your case, please contact the clerks.

If I instruct a barrister on a Direct Access basis, will there be any additional costs to pay or just the barrister’s fee?

It is also important to note that in relation to direct access work there may be costs, fees and/or charges which you will have to pay in addition to the fees which are payable to the barrister. In order to find out more about what (if any) additional costs arise, it is sensible to discuss this with the clerks (or the barrister who you instruct) at the outset.

Examples of additional charges which may be payable in addition to the direct access barrister’s fee include:

• Court fees. Whether a court fee is payable (and how much that court fee will be) will depend on the circumstances of your case albeit in many (but not all) cases the value of the remedy which you are seeking will be a key factor;
• There may occasionally be charges for photocopying and/or bundle preparation;

Barristers in the following teams most often charge on the following basis for the following areas of work (in each instance please contact the clerks to check that this system of charging will be applicable for your case):

• Administrative and Public Law work is most often charged (or calculated) on the basis of an hourly rate.
• Court of Protection work is most often charged (or calculated) on the basis of an hourly rate.
• Clinical negligence and personal injury work is most often charged (or calculated) on the basis of an hourly rate.
• Commercial work is most often charged (or calculated) on the basis of an hourly rate.
• Costs and litigation funding work is most often charged (or calculated) on the basis of an hourly rate.
• Criminal work on a private basis (where the client is not eligible for legal aid) is normally charged (or calculated) on the basis of an hourly rate fixed fee.
• Employment and discrimination work is most often charged (or calculated) on the basis of an hourly rate for advisory work. Representation in court is most often charged on the basis of a fixed fee.
• Insolvency work is most often charged (or calculated) on the basis of an hourly rate.
• International and offshore work is most often charged (or calculated) on the basis of an hourly rate.
• Property and estates work is most often charged (or calculated) on the basis of an hourly rate.
• Regulatory and disciplinary work is most often charged (or calculated) on the basis of an hourly rate.
• Sport law work is most often charged (or calculated) on the basis of an hourly rate.

Please note that this is guidance for the approach which is taken in most cases in the relevant area of work. It does not preclude the barrister from charging fees on an hourly rate or a fixed fee basis (as appropriate) where the circumstances of the case, the work which the barrister is required to undertake, and the nature of the instructions best suit that model. 

All fees are charged exclusive of VAT (where applicable).