Fees & Terms of Work
KCH Garden Square aims to be transparent & flexible in terms of our pricing structure.
Our barristers’ rates for privately funded paperwork generally range from £100 to £250 per hour (plus VAT for those Counsel who are VAT registered), depending on the level of experience and expertise of Counsel.
For hearings we typically agree a fixed rate for attendance or use a brief fee and refresher pricing model for hearings due to last a number of days, as we appreciate our clients often prefer the certainty of a fixed fee.
Our clerks are always happy to provide a tailored quotation for any work upon request. In some circumstances we may only be able to provide a fee estimate until we have had sight of papers. This will always be explained and no work will be completed or any fees charged until a fee has been agreed.
Where a booking is removed from Counsel’s diary at short notice a fee will normally be payable. Cancellation fees are calculated on a case by case basis with reference to the amount of preparatory work completed and the proximity to the date of the hearing. Where the cancellation is made at short notice, the full brief fee may be charged. This is to both cover the preparatory work completed and to allow for the lost work, as when a case is removed from a barrister’s diary at short notice it is often unlikely to be replaced.
Where the court removes the case at short notice it may be possible for the client to claim their fees back through the HM Courts Complaints Procedure or else the Parliamentary and Health Service Ombudsman. More details can be found here.
Family & Civil Legal Aid
Once hearings have taken place, we aim to submit our claims to the Legal Aid Agency within 14 days wherever possible.
We will send fee notes indicating the amount Counsel is claiming whenever any work has been completed, however these fees are provisional as there is always the potential for LAA assessment. Our fee notes also include Legal Aid Account numbers and VAT numbers, which may be needed for CCMS funds allocation.
Legal Aid certificates
When you instruct Counsel please ensure wherever possible that Chambers is provided with a copy of your client’s legal aid certificate.
In the event that there is no legal aid in place or where the certificate does not cover the work undertaken by Counsel, we will look to your offices for payment of any fees incurred.
Content of instructions
The LAA insist that Counsels instructions clearly state a number of details, and without these we are unable to submit a claim to the LAA. We request that instructions sent to Counsel include:
* The type of hearing Counsel is instructed to attend and time estimate
* The time that the case is listed to start or the time Counsel is ordered to attend
* A narrative accurately describing the nature of the proceedings in which Counsel is being instructed (which the LAA use this information to measure against the legal aid certificate scope)
* Detail stating the requirement for a conference prior to the hearing, where applicable.
Allocation of Funds
The LAA made use of the Client and Cost Management System (CCMS) mandatory for all legal aid providers from the 1st February 2016. In order for us to be able to bill fees through the CCMS system, Instructing Solicitors must assign Counsel to the case and allocate the appropriate funds. We ask that this be done as soon as conveniently possible.
Criminal Legal Aid
All members of the KCH Garden Square criminal team accept work on a legally aided basis.
Once the case has concluded, we aim to submit our claim for payment to the Legal Aid Agency within 3 months wherever possible.
Terms of Work
Any instructions accepted by Counsel at KCH Garden Square are generally accepted under The Standard Contractual Terms for the Supply of Legal Services by Barristers to Authorised Persons 2012, a copy of which is available here.
However, we do appreciate that the Terms may not be appropriate for all cases or to all our clients. As such, our two team Senior Clerks are happy to discuss tailored terms should this be required.
Counsel aim to complete paperwork within 14 days following the agreement of fees, unless a specific timescale is specified. If for any reason Counsel is not able to complete the work within 14 days, which could be due to a number of factors including availability, the need for additional documentation or the complexity of the case, we will inform you at the earliest opportunity.
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