Katie Gibb considers “Claims against Third Parties in Insolvency: Is there any room for the Part 20 Claim?”

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.

What is the complaints procedure at Guildhall Chambers, and do I have any further rights of redress if I am unhappy with how my complaint has been handled?

If you have any complaints about the services provided by a barrister at Guildhall Chambers, then please read our complaints policy here.

This provides information about:

• Our complaints procedure;
• Any right which you may have to contact the Legal Ombudsman (hereafter ‘LeO’). This is an independent body which can help you if you have complained to your lawyer and are not happy with the response. The LeO’s website is https://www.legalombudsman.org.uk/ and they can be contacted by telephone on 0300 555 0333. Please read the FAQs section of the LeO website for more information about how to complain to the LeO;

Chambers does not have a time limit for bringing complaints under its complaints policy to be processed within the complaints procedure at Guildhall. However the LeO does have time limits for bringing a complaint, which is ordinarily (if the complaint arises from an act or omission after 5 October 2010) six years from the act/omission which is the subject of the complaint and/or three years from when the complainant should reasonably have known that there was cause for complaint.

You can also search the decision date on the LeO’s website here.

This shows providers which received an ombudsman’s decision in the previous 12 months, and whether LeO required the provider to give the consumer a remedy.