Members of Burnell Chambers generally accept instructions under the most recent version of the General Terms and Conditions for the Supply of Legal Services by Barristers to Solicitors in Commercial Matters, also known as the COMBAR / CLLS Terms, on Payment Basis A. These terms have been agreed by the Commercial Bar Association and the City of London Law Society, and can be accessed [here]. Link for terms: https://www.combar.com/wp-content/uploads/2024/10/Combar-CLLS-Barristers-terms-v4.pdf.
Unless otherwise agreed in writing, these terms will apply to all instructions and briefs accepted from solicitors and other authorised individuals. However, some members of chambers use specific terms of engagement for their practice areas, and these will be provided to you prior to engaging counsel for your consideration.
We understand that alternative arrangements may sometimes be appropriate, and our clerks are always happy to discuss and agree different terms where required.
Members of Burnell Chambers generally accept instructions from those licensed to instruct Barristers (as set out below) on the basis of our default terms (LINK BACK TO COMBAR TERMS). Unless otherwise agreed in writing, these terms will apply to all instructions and briefs accepted from Licensed Clients.
Unless otherwise agreed in writing, these terms will apply to all instructions and briefs accepted from licensed access client. However, some members of chambers use specific terms of engagement for their practice areas, and these will be provided to you prior to engaging counsel for your consideration.
We understand that alternative arrangements may sometimes be appropriate, and our clerks are always happy to discuss and agree different terms where required.
If you are unsure if you can instruct us, please contact the clerks who will be happy to help.
Some members of Chambers are able to accept instructs direct from members of the public (individuals, companies). Details of the BSB guidance explaining how the Public Access scheme works is available at: https://www.barstandardsboard.org.uk/for-the-public/finding-and-using-a-barrister/how-to-instruct-a-barrister/public-access-guidance-for-lay-clients.html . The terms of engagement for a public access barrister are available on request. If you are unsure if you can instruct us, please contact the clerks who will be happy to help.
Some members of Chambers are authorised to conduct litigation, which means that the barrister is in a position to, for example, issue proceedings. The conduct of litigation is a reserved legal activity under the Legal Services Act 2007 (LSA). Barristers do not have the right to conduct litigation unless they are authorised by the BSB to do so or are otherwise entitled to conduct litigation by virtue of other legislation.
The conduct of litigation includes:
a. the issuing of proceedings before any court in England and Wales;
b. the commencement, prosecution and defence of such proceedings; and
c. the performance of any ancillary functions in relation to such proceedings (such as entering appearances to actions).
The BSB’s view is that the following fall within the definition of the conduct of litigation, and therefore a barrister should refuse to do them if they are not authorised to conduct litigation:
For details of the right to conduct litigation see: https://www.barstandardsboard.org.uk/static/5942518a-3f66-49ae-9d7a0f430c12c3e1/Conducting-Litigation.pdf
Please contact the clerks who will be happy to provide a list of barristers who are authorised to conduct litigation.