Terms of Business
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 2020, 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 Practice Directors 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.
We understand that it is not uncommon for matters to settle at the last minute, negating the need for a hearing. Cancellation fees apply regardless of whether papers have been delivered or not, as they provide remuneration both for the lost work in Counsels diary and for any preparatory work undertaken. Please note that a cancellation fee will normally be payable should your booking be removed from Counsel’s diary up to 5 working days of the hearing.
Cancellation fees are calculated on a case by case basis but generally the abated fee for a hearing which is vacated at short notice is 50% of the brief fee that has been agreed, although in certain circumstances, such as extremely short notice cancellation or where the preparation undertaken has been particularly extensive, a percentage in excess of 50% will be charged.
It may be possible to claim fees back through the HM Courts Complaints Procedure if the Court removes the case at short notice, details of which can be found here.
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.
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.
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.
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.