Devon and Somerset Law Society – Debbie Gennan speaking at 2 Employment seminars

Our barristers act both in advising clients and in representing clients in court. Barristers from Guildhall Chambers appear at all levels of the civil and criminal courts, including the Magistrates’ Court, the Crown Court, the County Court, the High Court, the Court of Appeal and the Supreme Court.

Our barristers act in criminal work for the Crown Prosecution Service (hereafter ‘CPS’) and other prosecuting agencies, as well as for Defendants, at all stages in the criminal justice process.

In civil work, our barristers act for both Claimants and Defendants at all levels of the civil justice system.

We also act for public bodies (particularly in Court of Protection work). Some of our members are members of the Attorney General’s Panel Scheme, which means that they can be instructed to act for the government.

Members of chambers also act for clients in cases heard in the Land Tribunal and in the Employment Tribunal.

If you have any questions about whether a barrister from Guildhall Chambers is able to represent you or has experience in representing clients in a particular area of law, or in a particular tribunal or court, then please do not hesitate to contact the clerks.

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).

Please contact the clerks in the first instance for information about fees and fee quotes because they will be able to provide you with the clearest information about what the services from barristers at Guildhall Chambers may cost. The clerks will also be able to provide you with information about what may cause any fee quote or estimates to vary. The clerks can only provide you with a quote based on the information which you provide to them, so please endeavour to provide a written summary of the important aspects of your case.

All quotes will be provided within a reasonable time, and in any event the clerks will aim to provide a quote within 14 days. If you require work urgently, please inform the clerks about this when seeking a quote.

We will always aim to set out quotes clearly, but if you receive your quote and there is something that you do not understand, please do not hesitate to contact the clerks. There is also an enquiry form on our website which allows you to provide the clerks with information for the purposes of generating a quote for your case.

Barristers in chambers can charge on an hourly rate basis or on the basis of a fixed fee. However, unless a fixed fee is set when a barrister initially receives instructions to undertake work on your behalf, then the barrister will work on an hourly rate basis.

Do barristers at Guildhall Chambers work on a “no win, no fee” basis? Can I fund my case with legal insurance?

Our barristers will also accept instructions under conditional fee arrangements (colloquially known as ‘no win, no fee’ arrangements) however the barrister is not obliged to agree to work on this basis and will have to enter into a written agreement to that effect in order to do so. Please contact the clerks in order to discuss whether this is an arrangement which you would like to explore in the circumstances of your case.

If you have any queries about whether you have legal insurance available to you to cover your costs and/or provide funding in relation to your legal costs then please read the guidance provided by Legal Choices at https://www.legalchoices.org.uk/legal-choices/money-talks/after-the-event-insurance/.

Do any of the barristers at Guildhall Chambers work without requiring a fee?

Some barrister will work without requiring a fee from their client (this is referred to as “pro bono” work). However, barristers are not required to act on this basis. If this is something which you are interested in for the purposes of your case, then please contact the clerks. Please note that pro bono work is normally provided through the Pro Bono ‘Advocate’ Scheme. For more information on that scheme please follow this link https://weareadvocate.org.uk/ or call 020 7092 3960.

Do barristers at Guildhall Chambers provide their services to clients who are funded by the Legal Aid Agency?

Barristers at Guildhall Chambers do provide their services to clients who are funded by the Legal Aid Agency. If you are unsure whether you are eligible for legal aid then please see the legal aid eligibility calculator at https://www.gov.uk/check-legal-aid.

Please note that barristers cannot do legal aid work unless they have been instructed by a solicitor. However, just because your case is eligible for legal aid funding does not mean that you cannot choose to proceed under Public Access scheme.

Timescales for a case may vary depending on factors such as the availability of the barrister, the type and the complexity of the case, the approach of the other side and court waiting times. Whilst all barristers will aim to complete any written and/or advisory services required on a case within 28 days this will not be possible in all cases. If there is a particular deadline then this must be raised and agreed with the barrister when any instructions are given to the barrister.

Please note that due to the impact of the COVID-19 pandemic many cases (both civil and criminal) have been delayed and there are significant backlogs in the system. Whilst this will not usually alter the timescales for the services which barristers at Guildhall Chambers will provide, it may mean that timescales given in relation to the progress of your case through the courts will be affected.

Whether the fees are to be charged on an hourly rate or a fixed fee basis there will be certain factors which may increase the level of work involved, and therefore the fees which are likely to be charged (or the number of hours involved). Those factors include:

• The seniority of barrister required for your case. The more experienced the barrister (which is normally calculated on the number of years since they were called to the bar) the higher the likely level of fees to be charged.
• The number of papers involved in the case and/or the complexity of the factual issues involved.
• The time in which you require the work to be turned around and/or the services to be provided. More urgent work will often involve a higher level of fee (for example if this involves the barrister working over a weekend or prioritising your case over other work).
• The amount of time that your case will require the barrister to be in court.
• The amount of travel time required for the barrister to get to and from court. Travel time is usually charged at half the barrister’s hourly rate.
• The complexity of the legal issues involved.
• The significance of the case more generally, for example if the case has wider ramifications for the client generally and/or public or legal significance.

If you are concerned about the level of fees which may be involved in your case please inform the clerks at the earliest opportunity who will be able to discuss with the barrister how costs can be managed on the case.

Please not that fee indications are (unless expressly agreed otherwise) not “caps”, and if a barrister is required to do work on the case, then they will charge accordingly. We will always aim to inform you if the fees on the case are likely to exceed the fee quotes or estimates previously provided.

The best way to manage the level of the fees is to discuss the circumstances of your case (including any issues regarding fees) with the clerks when initially seeking to instruct a barrister.