West Mildon EX16 9HA Oakford, Tiverton, Devon

Terms & Conditions

THE STANDARD CONTRACTUAL TERMS FOR THE SUPPLY OF LEGAL
SERVICES BY BARRISTERS TO AUTHORISED PERSONS 2012 –
(UPDATED FOR THE GDPR IN 2018)
as referred to in Rule rC30.9c of the BSB Handbook

STANDARD CONDITIONS OF CONTRACT FOR THE SUPPLY OF LEGAL SERVICES BY BARRISTERS TO
AUTHORISED PERSONS 2012


1. DEFINITIONS AND INTERPRETATION


1.1 In these Conditions of Contract for the Supply of Services by Barristers to Authorised
Persons (as defined below) (“the Conditions”):
1.1.1 reference to a clause is to the relevant clause of these Conditions;
1.1.2 headings are included for convenience only and do not affect the interpretation of these
Conditions;
1.1.3 references to “parties” or a “party” are references to the parties or a party to the Agreement;
1.1.4 references to the masculine include the feminine and references to the singular include the
plural and vice versa in each case;
1.1.5 references to a person include bodies corporate (including limited liability partnerships) and
partnerships, in each case whether or not having a separate legal personality, except where
the context requires otherwise;
1.1.6 references to an Act of Parliament, statutory provision or statutory instrument include a
reference to that Act of Parliament, statutory provision or statutory instrument as amended,
extended or re-enacted from time to time and to any regulations made under it;
1.1.7 references to any provision of the Code include references to that provision as amended
replaced or renumbered from time to time; and
1.1.8 references to a person or body include references to its successor.
1.2 In these Conditions, the following words have the following meanings, except where the
context requires otherwise:-
“the Agreement”
the agreement between the Barrister and the Authorised Person for the Barrister to
provide the Services on the terms set out in these Conditions;
“the Authorised Person”
the person who is an authorised person for the purposes of s. 18(1)(a) of the Legal
Services Act 2007 and whose approved regulator under that Act is the Law Society
and/or the SRA, and all successors and assignees;
“the Barrister”
the barrister, practising as a member of the Bar of England & Wales, who is willing
and able in that capacity to provide the Services in connection with the Case and in
accordance with the Instructions from the Authorised Person on behalf of the Lay
Client;
“the Case”
the particular legal dispute or matter, whether contentious or non-contentious, in
respect of which the Barrister is Instructed to provide the Services;
“the Code”
the Code of Conduct in the BSB Handbook, as amended from time to time;
“Conditional Fee Agreement”
the meaning ascribed to those words by section 58 of the Courts and Legal
Services Act 1990;
“the Instructions”
the briefs, instructions and requests for work to be done (and all accompanying
materials) given by the Authorised Person to the Barrister in whatever manner to
enable him to supply the Services, and “Instruct” and “Instructing” shall have
corresponding meanings;
“Invoice”
includes a fee note not amounting to a VAT invoice
“the Law Society”
the Law Society of England and Wales
“the Lay Client”
the person for whose benefit or on behalf of whom the Barrister is Instructed by the
Authorised Person to provide the Services (who may be the Authorised Person
where the Case concerns the affairs of the Authorised Person )
“the Services”
the legal services provided by the Barrister in connection with the Case pursuant
to the Instructions provided by the Authorised Person;
“the SRA”
the Solicitors Regulation Authority; and
“the SRA Code”
the part of the SRA Handbook published by the SRA on 16 September 2011 referred
to as the “SRA Code of Conduct 2011” as amended from time to time.


2. APPLICATION OF THESE CONDITIONS


2.1 The Barrister provides the Services requested by the Authorised Person on the terms set out
in these Conditions and subject to his professional obligations under the Code.
2.2 These Conditions (other than this clause 2.2) may be varied if, but only if, expressly agreed
by the Parties in writing (including by exchange of emails).
2.3 By instructing the Barrister to provide further Services in relation to the Case, the
Authorised Person accepts these Conditions in relation to those further Services, as well as
in relation to the Services which the Barrister is initially instructed to provide.
2.4 These Conditions do not apply in the following circumstances:
2.4.1 the Barrister is paid directly (a) by the Legal Services Commission, through the Community
Legal Service or the Criminal Defence Service or (b) by the Crown Prosecution Service; or
2.4.2 the Barrister has entered into a Conditional Fee Agreement in relation to the Case that does
not specifically incorporate these Conditions.
2.5 Nothing in these Conditions nor any variation referred to in clause 2.2 shall operate so as to
conflict with the Barrister’s duty under the Code or with the Authorised Person’s duty
under the SRA Code.


3. THE INSTRUCTIONS TO THE BARRISTER


3.1 The Authorised Person must ensure the Instructions delivered to the Barrister are adequate
to supply him with the information and documents reasonably required and in reasonably
sufficient time for him to provide the Services requested.
3.2 The Authorised Person must respond promptly to any requests for further information or
instructions made by the Barrister.
3.3 The Authorised Person must inform the Barrister immediately if there is reason to believe
that any information or document provided to the Barrister is not true and accurate.
3.4 Where the Authorised Person requires the Barrister to perform all or any part of the Services
urgently the Authorised Person must ensure that:
3.4.1 all relevant Instructions are clearly marked “Urgent”; and
3.4.2 at the time the Instructions are delivered the Barrister is informed in clear and unambiguous
terms of the timescale within which the Services are required and the reason for the urgency.
3.5 The Authorised Person must inform the Barrister within a reasonable time if the Case is
settled or otherwise concluded.


4. RECEIPT AND ACCEPTANCE OF THE INSTRUCTIONS


4.1 Upon receipt of the Instructions, the Barrister will within a reasonable time review the
Instructions and inform the Authorised Person whether or not he accepts the Instructions.
4.2 The Barrister may accept or refuse the Instructions in the circumstances and for the reasons
set out in the Code and the Barrister incurs no liability if he refuses any Instructions in
accordance with the Code.
4.3 Notwithstanding acceptance of Instructions in accordance with Clause 4.1 above, the
Barrister shall be entitled to carry out any customer due diligence required by the Money
Laundering Regulations 2007. The Authorised Person will provide the Barrister with all
reasonable assistance to carry out any necessary customer due diligence including (if
required to do so) consenting to the Barrister relying upon the Authorised Person under
Regulation 17 of the Money Laundering Regulations 2007.
4.4 In the event that the Barrister reasonably considers that the requirements of the Money
Laundering Regulations have not been satisfied he may within a reasonable period after
receipt of the Instructions withdraw any acceptance of those Instructions without incurring
any liability
4.5 Subject to the preceding provisions of this Clause 4, the Agreement comes into effect upon
the Barrister accepting the Instructions.


5. CONFIDENTIAL INFORMATION AND PUBLICITY


5.1 The Barrister will keep confidential all information provided to him in connection with the
Case unless:
5.1.1 he is authorised by the Authorised Person or the Lay Client to disclose it;
5.1.2 the information is in or comes into the public domain without any breach of confidentiality
on the part of the Barrister; or
5.1.3 he is required or permitted to disclose it by law, or by any regulatory or fiscal authorities,
in which case, to the extent that he is permitted to do so, he will endeavour to give the
Authorised Person and/or the Lay Client as much advance notice as possible and permitted
of any such required disclosure.
5.2 The Barrister owes the same duty of confidentiality to other lay clients, and will therefore
not disclose or make use of any information that might be given to him in confidence in
relation to any other matter without the consent of his other lay client, even if it is material
to providing the Services.
5.3 Unless the Authorised Person expressly informs the Barrister to the contrary in advance in
writing, the Barrister may allow the Instructions to be reviewed by another barrister or by a
pupil (including a vacation pupil or mini-pupil) in chambers, on terms that that other
barrister or pupil complies with clause 5.1.
5.4 Subject to his obligation under clause 5.1, the Barrister may make and retain copies of the
Instructions and any written material produced by him.
5.5 To the extent such information is already in the public domain, the Barrister may disclose
in his marketing and similar materials, and to prospective clients and publishers of legal
directories that he is or has been instructed by the Authorised Person and/or for the Lay
Client and the nature of the Case. To the extent any such information is not already in the
public domain, the Barrister may only refer to it for marketing purposes in a form which
sufficiently preserves the Lay Client’s privilege and confidentiality and (where the law so
requires) with the Lay Client’s consent.


6. ELECTRONIC COMMUNICATION


6.1 Unless otherwise directed by the Authorised Person, the Barrister may correspond by means
of electronic mail, (which may include unencrypted electronic mail) the parties agreeing
hereby:
6.1.1 to accept the risks of using unencrypted electronic mail, including but not limited to the
risks of viruses, interception and unauthorised access; and
6.1.2 to use commercially reasonable procedures to maintain security of electronic mail, subject
to the parties' agreement in clause 6.1 hereof to use unencrypted electronic mail, and to
check for commonly known viruses in information sent and received electronically.


7. DATA PROTECTION


7.1 The Barrister is a data controller for the purposes of the General Data Protection Regulation
(Regulation (EU) 2016/679) and Data Protection Act 2018 and is bound by the Regulation
and the Act amongst other things, to implement appropriate technical and organisational
measures to ensure an appropriate level of security of personal data including protection
against unauthorised or unlawful processing and against accidental loss, destruction or
damage. The Barrister is entitled to process (which includes obtaining, consulting, holding,
using and disclosing) personal data of the Lay Client, the Authorised Person and others: to