Instructing a Barrister through Public Access / Direct access

At Selborne Chambers some of our barristers accept instructions directly from the public through the Public Access Scheme. This means that you can instruct them without needing a solicitor. Not all cases are suitable for the public access, but it can be an efficient and cost-effective way of obtaining legal advice or representation without unnecessary duplication of fees for those cases which are.

Our direct access barrister offer specialist advice and advocacy across a number of areas. If you have an enquiry relevant to our practice areas and wish to instruct a barrister directly, the following guidance will help you understand the process and how we can assist.

Not every member of Chambers is Public Access qualified. Please contact our practice management team to discuss which members can undertake public access instructions.

For more information, please see the Public Access Guidance for Lay Clients published by the Bar Standards Board.

Is Your Case Suitable for Public / Direct Access?

Some cases may not be suitable for public access. Barristers cannot offer general management of a client’s legal affairs, litigate or administer a case, or handle client money. Please note that none of our barristers are authorised to conduct litigation, so if your case leads to litigation, you will need to tackle and undertake certain tasks yourself as a litigant in person. These tasks can include issuing proceedings, adhering to time limits, disclosing documents to the other side, communicating with the court and serving documents on other parties.

If you are unsure about handling such tasks, you should consider whether it would be better to have a solicitor assist you with the case. Our direct access barristers are also obliged to decline to take on any case directly where they consider that a solicitor is required.

It should also be noted that you cannot instruct a barrister directly under legal aid.

Fee Structure and Timelines

We aim to provide transparent, reliable, and clear estimates of fees and timetables for the provision of work. Various factors may influence the timescales of a case including barristers’ availability, the complexity, size and type of legal matter, the approach taken by the other side, and any court proceedings themselves.

Our clerks can assist you with identifying which barrister may be suitable for your case, their fees and timescales. In particular, our clerks will be able to inform you as to:

the experience, availability, and suitability of the barristers at Selborne Chambers;
the hourly rate charges for the barrister you wish to engage; and
a fixed price for each piece of work.

In the event of circumstances in which fees may vary, and likely increase, our team will liaise with you in advance of the work being undertaken to discuss the additional cost that will be charged either on a further fixed fee or hourly rate basis by the barrister.

Unless specified, VAT will be applicable to counsel’s fees. Member’s VAT numbers are located on each of their profile pages.

Unless otherwise agreed, the barrister’s hourly rate will be reviewed annually.

In addition to professional fees, there may be additional costs to be paid, such as travel, accommodation, or other incidental expenses e.g., photocopying. VAT will be added if applicable.

Please note that in order to instruct one of our barristers directly you will have to pay them before they commence any work.

In addition to our general charging structure, certain cases undertaken directly require us to set out more specific charging structures, which are set out below.

Inheritance Act claims

The Inheritance (Provision for Family and Dependants) Act 1975 is a piece of legislation which enables certain categories of persons to bring a claim for provision / further provision to be made for them from a deceased’s estate. Some of our barristers specialising in this area can act for you directly in an advisory capacity or as an advocate, whether this be as the party bringing or defending a claim.

Timescales

Timescales will vary for these type of cases as with any other but it should be noted that under the 1975 Act a claim must be made within six months of the grant of probate or grant of letters of administration (although such claims can be made before a grant), so as a guide our barristers will make any written advice available within two to four weeks of instruction, where possible. More precise timescales will be made available if you decide to proceed with instructing one of our barristers.

Fees

Our fees for providing written advice on making or defending a claim, for drafting any claim form and witness statements, or witness statements in defence of a claim, and for any other document, will be calculated on the basis of each individual barrister’s hourly rate (to which VAT will be added), and the time taken to undertake the work.

The estimated range of hourly rates is currently £250 – £650 plus VAT p/h, and the time taken is likely to be between 8 and 16 hours but this is subject to the particulars of any given case.

We may charge fixed fees, which means that we will charge you a set amount of money for the written advice or piece of work. Below we provide estimates based on the ranges of fixed fees for barristers, where the deceased person’s estate is worth less than £300,000. All fees exclude VAT (where applicable).

If we charge fixed fees, these may be towards the higher end of the range if you need a more experienced barrister and/or the deceased person’s estate is more complex. If the deceased person’s estate is particularly complex, your fees may also be higher than the estimated.

As an estimate, a written advice on making or defending a claim will be between £1750 – £6000

Our direct access barristers can also act for you in court or at mediation in 1975 Act claims.

If the deceased person’s estate is worth more than £300,000 or you would like a quotation for your specific case, please contact us

Winding-Up Petitions

If you are owed £750 or more by a company and are able to prove that the company cannot pay you, you may be able to apply to a court to ‘wind-up’ the company. Some of our direct access barristers can advise you on the process of issuing a winding-up petition and represent you at the court hearing.

If you are a company which has had a winding-up petition issued against you, our barristers can also advise you on the process of defending it and represent you at the court hearing.

Timescales

As with any case, timescales may vary depending on a number of factors including a barristers’ availability, the need for additional documents, and court waiting times. As a guide, the court will usually list a hearing date within eight to ten weeks after which a winding-up petition has been issued.

Fees

Our fees will be calculated on the basis of each barrister’s hourly rate (to which VAT will be added) and the time taken to undertake the work.

An indicate of fees for each key stage is as follows::

Advice on issuing or defending winding-up petition: £250 – £350 , approximately Half to 1 hour.
Assistance with completion of forms and all necessary steps to take: £250 – £350 1hr.
Preparation for and attendance at court hearing: £250 – £750 1hr hour to half a day inc waiting.

Business Terms and Conditions

If one of our barristers agrees to accept your instruction under the Public Access Scheme, we will require ID documentation from you to carry out Anti-Money Laundering checks.

In all cases, we will require:

Photographic ID (such as a full UK driving licence or passport); and
A recent utility bill at your current address (which must not be dated more than three months before your enquiry).

If you are acting on behalf of a company, you will also be required to produce a certified copy of the Certificate of Incorporation, evidence that you are authorised to act on behalf of the company, and a copy of the company’s latest statutory accounts filed at Companies House.

Further guidance is available from The Bar Council or the Bar Standards Board.

Upon request, all our information can be made available in hard copy format.