Fees & Terms of Business

All instructions accepted by Counsel at KCH Garden Square shall, unless otherwise agreed in writing, be governed by the Standard Contractual Terms for the Supply of Legal Services by Barristers to Authorised Persons 2020 (“the Standard Terms”), a copy of which is available here.

KCH Garden Square recognises that the Standard Terms may not be appropriate in every case or for every client. Accordingly, terms of engagement may be reviewed on an individual basis, and bespoke terms may be agreed following discussion with our clerks, if required.

Timescales

Counsel will ordinarily seek to complete all paperwork within fourteen (14) days of agreement of fees, unless a different timescale has been specifically agreed. If Counsel is unable to meet this timescale, whether due to availability, the complexity of the matter, or the need for additional documentation, we shall notify the instructing party at the earliest possible opportunity.

Private Fees

KCH Garden Square is committed to transparency and flexibility in its pricing structure. Hourly rates for privately funded paperwork generally range between £100 and £300 per hour (plus VAT, where applicable), depending on Counsel’s experience and expertise.

For hearings, fees are typically agreed on a fixed-fee basis, or via a brief fee and refresher structure for multi-day hearings, to ensure certainty for clients.

Payment Terms:

• Payment is due within 30 days from the date of the fee note.
• All fees are to be paid in accordance with paragraph 7 of the Bar Standards Board Code of Conduct available here and as agreed between Counsel (or their clerk) and the instructing solicitor (“Authorised Person”).
• The Authorised Person must pay the invoice within 30 days of delivery, irrespective of whether funds have been received from the lay client, and without deduction, set-off, or withholding for any reason, including disputes or taxes.

Payment on Account

All instructing solicitors must provide written confirmation that payment on account has been received and is held in their client account.
Where no client account facility exists, such payment must be remitted to and held in KCH Garden Square’s account no later than seven (7) days prior to any scheduled hearing.

Failure to provide confirmation within this timeframe will entitle Chambers, at its sole discretion, to cancel the booking and remove it from the diary without further notice or liability.

Late Payment

Pursuant to paragraphs 12.4–12.6.3 of the Standard Contractual Terms for the Supply of Legal Services by Barristers to Authorised Persons 2020, a copy of which is available here, if an invoice remains unpaid for more than 30 days from delivery, Counsel shall be entitled to:

1. Claim statutory interest and fixed compensation under the Late Payment of Commercial Debts (Interest) Act 1998;
2. Commence legal proceedings to recover outstanding sums; and
3. Subject to professional obligations under paragraph 5 of the Bar Standards Board Code of Conduct, decline to undertake further work until payment is made in advance.

In accordance with section 5A of the Late Payment of Commercial Debts (Interest) Act 1998, found here, once statutory interest begins to run in relation to a qualifying debt, KCH Garden Square shall be entitled to a fixed sum (in addition to the statutory interest on the debt).

(2) That sum shall be –

(a) for a debt less than £1000, the sum of £40;

(b) for a debt of £1000 or more, but less than £10,000, the sum of £70;

(c) for a debt of £10,000 or more, the sum of £100.

While Chambers reserves the right to enforce these provisions, it will endeavour to resolve any payment issues amicably before interest or compensation is applied. Should fees remain outstanding beyond 45 days, Chambers may apply statutory interest and/or fixed sums as set out above.

Cancellations

We appreciate that matters may settle or be adjourned at short notice. However, cancellation fees will apply in all cases, whether or not papers have been delivered, in recognition of the preparatory work undertaken and the reserved diary time.

Cancellation fees are assessed on a case-by-case basis, but the following general principles apply:

• 24 hours or less prior to the hearing: 100% of the agreed fee is payable.
• 1 to 4 days prior to the hearing: 50% of the agreed fee is payable.
• More than 4 days prior to the hearing: No cancellation fee will be charged.

Where a case is removed by the Court at short notice, it may be possible to recover fees through the HM Courts Complaints Procedure. Further details are available can be found here.

Fee Estimates and Quotations

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.

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 instructing Counsel, please ensure that a copy of the client’s Legal Aid Certificate is provided. Where a valid certificate is absent or does not cover the work undertaken, Chambers will look to the instructing solicitors for payment of any incurred fees.

Content of instructions

To comply with LAA requirements, instructions must clearly state:

• The type and estimated duration of the hearing;
• The listed start time or required attendance time;
• A concise narrative outlining the nature of proceedings (used by the LAA to verify scope); and
• Details of any required pre-hearing conference.

Incomplete or insufficient instructions may delay submission of claims to the LAA.

Allocation of Funds

The Client and Cost Management System (CCMS) has been mandatory for all legal aid providers since 1 February 2016.  To enable billing via CCMS, instructing solicitors must assign Counsel to the case and allocate the appropriate funds as soon as possible.

Criminal Legal Aid

All members of the KCH Garden Square criminal team accept work on a legally aided basis.

Upon conclusion of proceedings, Chambers aims to submit claims to the Legal Aid Agency Upon conclusion of proceedings, Chambers aims to submit claims to the Legal Aid Agency within three (3) months, wherever possible.