Public Access

• You specialise in a number of areas; in which of these do you accept public access instructions? We accept public access enquiries and instructions in employment matters, representing both employees and employers. If you need assistance in any other specialisms listed on our website via the Public Access Scheme, please contact our clerking team. Fee structures vary by area of law; some areas do not lend themselves to receiving instructions in this way. We do not accept no win no fee cases (CFA) via public access as we require counsel to be paid in advance for their work. We can, however, recommend specialist solicitors and alternative resources that will be able to work with you to resolve the matter and subsequently instruct a barrister where appropriate.
• My case is related to an employment matter. Will I still need a solicitor? If your case would benefit from a solicitor’s input, we will advise you of this at the outset or when the need arises. We work with some of the UK’s best employment solicitors, so, if necessary, we can introduce you to a specialist solicitor.
• How much will it cost? We can only advise how much it will cost once we have all of the necessary information about your case (this applies equally to instructions from solicitors). Costs vary according to the complexity of your case, the volume of documentation, number of witnesses involved, whether you need a senior or junior barrister, the value of your case and the estimated length of hearing. We will agree fees with you in advance and in writing so you have clarity. If you would like to receive a quotation, please contact one of our clerking team. For further information on fee structures, please see the section below.
• What could impact on the timescales of my case? Timescales for your case may vary depending on barristers’ availability, the complexity of your case, the need for additional documents and the other side’s approach. As a guide only, straightforward cases in the Employment Tribunal tend to have a hearing date within four to six months of a claim being made.
• What could cause delays to my case/advice? Unforeseeable factors such as: Employment Tribunal delays, cases overrunning, barrister illness and other factors outside of our control could cause delays. We will endeavour to work with you to ensure we meet your expectations, and exceed them where possible. Where we are unable to meet your expectations, we will communicate clearly and regularly with you to guide you through any challenges.
• Which barrister is right for my case? Once the clerks have all of the necessary information about your case, they will be able to match your needs to the available barrister with the most relevant experience within your budget. Our clerks are highly skilled and very experienced in matching the right counsel to appropriate cases.
• Are barristers regulated? Yes, all barristers, and Chambers, are regulated by the Bar Standards Board.
• Is there anywhere else I can research whether the Public Access Scheme is right for me? Yes, our regulator, the Bar Standards Board, publishes a ‘Public Access Guide for Lay Clients’ (i.e. members of the public using the Public Access Scheme to instruct a barrister directly) which may also help you to reach an informed decision.
• Can you provide me with an idea of the stages and timescales in relation to my case? Every case varies according to the nature, complexity and stage of the case. As an example, a client wishing to raise/defend a case of unfair dismissal at tribunal would typically go through the following stages:
  • Enquiry received
  • Request Form completed. It is important that you identify the names of other individuals or organisations potentially involved in your case so that we do not share the Request Form with a barrister advising or representing another party involved in your case
  • Further information sought where necessary (within three working days, but often more quickly)
  • If it is a matter we can accept via public access your enquiry will be sent to our appropriate public access barristers, unless you have made a specific request for a barrister/s or unless the case requires a specific expertise particular to a member/some members of the team.
  • They are asked to respond as to whether they would be willing to take on your case and, where applicable, meet any timescales you have outlined (if you already have a Tribunal date for example).
  • We expect to  get back to you within a further three working days, at most.
  • If we are unable to represent you, we will offer you details of organisations you can contact for support and assistance.
  • If we are able to represent you, we will provide an indicative quotation for the work required according to the information supplied. The barrister may at this stage wish to speak with you directly but it is likely that communication will initially be via a member of the clerking team.
  • If you wish to accept the quotation, you will be asked to do so in writing and make payment in full before the barrister starts work on your case.
  • The timescales, once we have received your instruction to begin work, will vary according to the matter, any existing deadlines and the barrister’s workload at that time. The clerk will liaise with you to communicate the timescale the barrister has advised and will monitor this to ensure delivery of the service you have requested.
  • Please be aware that any delay in you providing documentation to us could result in your barrister not being available to conduct the work as their professional commitments can change on a day-to-day basis.A barrister will not expect to work evenings and weekends so that they can prepare your case ahead of a deadline because requested information has not been supplied. This could have a significant impact on your prospects of success and cause you to incur additional costs, so please make sure you respond promptly to any requests received.

• I’d like to go ahead and speak to someone in greater detail. What should I do now? To start the process, please email our clerking team your contact details and giving a brief (we would suggest no longer than 200 words) outline of your case. If the clerks feel we may be able to assist you under the Public Access Scheme, you will be sent a form to complete and return to us. If the clerk requires further information to assess as to whether the case is suitable for public access, or if it is a matter we do not feel we can assist on via this scheme but can provide recommendations on, then we will come back to you to let you know that that is the case. If you would prefer to speak to somebody by telephone, please call 020 7269 0300 to speak to a member of the team. If you require any reasonable adjustments to the process, please do contact either our Senior Clerk or Chambers Director on the above details for assistance.

Employers might also find the following websites useful:

• CBI
• British Chambers of Commerce
• EEF
• Institute of Directors
• Advisory, Conciliation and Arbitration Service (ACAS)

Choosing the public access route means you can join the increasing number of people and companies who prefer to work with barrister directly.  Here are some examples:

• Employment Handbook and Contracts – One of England’s largest greetings card manufacturers asked one of our employment barristers to update and redraft their employment handbook and employment contracts.  We provided the new drafts and were also able to provide their HR department with ongoing advice and guidance on implementing the changes.
• Retained Barrister -Public access employment barristers are well placed to provide support directly to HR professionals.   A number of our barristers are instructed directly by the HR departments of both large and small companies.  One of our employment barristers provides guidance and support to the in-house HR team in of one of world’s largest rating agencies.  He is available on an ongoing basis to help and advise them on the full range of employment law problems that arise in the workplace, from operating fair internal disciplinary procedures, to advising on policies and procedures, to supporting redundancy consultation processes.
• Brussels and Rome Regulations – One of our barristers was instructed at short notice to defend a commercial client in an international contractual dispute. He was able to produce a skeleton argument within 24 hours. He identified that the French courts should have exclusive jurisdiction under Article 22 of the Brussels 1 Regulation and the claim was struck out for want of jurisdiction.
• Pre-hearing settlement – One of our public access employment barristers successfully negotiated a settlement in an Employment Tribunal case involving equal pay and multiple instances of discrimination against an employer. The Claimant required assistance with advice and representation at preliminary hearings and following counsel’s advice the claim was settled before the final hearing.

YOUR PERSONAL DATA

Old Square Chambers and its members take the privacy of our clients, instructing solicitors and anyone we come into contact with seriously and we are compliant with the GDPR. All members subscribe to Chambers’ default privacy notice unless you are specifically advised otherwise. To access this policy, please visit our website and view the “Barrister Privacy Policy”.

Please note that individual members of Chambers (i.e. barristers) are self-employed and as such are individually registered as Data Controllers with the ICO.

Old Square Chambers is a separate entity to our self-employed members. For further information on Old Square Chambers’ GDPR policies, please contact our Chambers Director at gdpr@oldsquare.co.uk.

By providing the information requested above you are giving us permission to process this data in accordance with our internal processes to assist you in finding appropriate representation. The data may be shared internally in order to provide this service. Your data will be kept secure at all times.

You have the right to request amendments to or deletion of any data held by us about you at any time. If you would like to request this, please do so by emailing gdpr@oldsquare.co.uk, which reaches our Senior Management Team.

We aim to make the process of instructing a barrister as clear and straightforward as possible. Below is important information about how fees are paid and refunded under our public access arrangements.

Fee Payment

All fees must be paid in full and in advance of any work being undertaken. If payment is not received, the barrister cannot proceed with any instructions received or represent you in court. We do not accept legal aid funding under the Public Access Scheme.

Payment must be made from a bank account held in the name of the person instructing the barrister. This ensures compliance with regulatory requirements and helps us maintain transparency and accountability in our financial processes. Please see our Anti Money Laundering requirements to understand the process we follow to check your identity and meet AML requirements.

We do not accept payment via credit card, only by bank transfer.

We do not accept payments from third parties.

Refunds

If a refund becomes necessary, it will only be issued to the same bank account from which the original payment was made. This policy is in place to protect both you and us from fraud and to ensure that all financial transactions remain secure and traceable.

Barristers accepting public access instructions have a legal obligation to comply with the Money Laundering Terrorist Financing and Transfer of Funds (information on the Payer) Regulations 2017 and the Proceeds of Crime Act 2002, and have to conduct Know Your Customer checks. ‘SmartSearch’ supplies Know Your Customer (KYC) Checks to Old Square Chambers, on behalf of our barristers, as a service.

Once fees have been agreed and a barrister has accepted your instruction in principle, we will ask you to provide us with some basic personal information. This will then be provided to SmartSearch who will complete a Know Your Customer Check. By providing this information to us, you are providing consent for this check to be made.

Please note that this search creates a footprint on the data subject credit file at Experian/Equifax marked with SmartCredit Ltd T/A SmartSearch. This will not affect your credit rating and will appear as a ‘soft’ credit search.

SmartSearch are compliant with all relevant laws and regulations including the UK data protection regime (comprised of the UK GDPR (that is, the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (UK GDPR)), along with the Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003).

This search must be undertaken prior to funds being sent to the barrister and before any work can be started.

In the event that you wish to make a Subject Access Request (SAR) regarding this specific data, this should be made to Old Square Chambers who will forward this to SmartSearch. You can make this request by emailing GDPR@oldsquare.co.uk.

If you would like to view any of the individual profiles of any of our members who can accept public access instructions, please click on the appropriate link below:

• Ijeoma Omambala KC
• Deshpal Panesar KC
• Betsan Criddle KC
• John Bates
• Louise Chudleigh
• Robin White
• Hilary Winstone
• Spencer Keen
• Oliver Isaacs
• David Cunnington
• Charlie Sparling
• Rad Kohanzad
• Victoria Webb
• Lance Harris
• Laura Gould
• Adam Ross
• Darshan Patel

There are various different fee charging models available and these will vary according to each individual case. All costs will be agreed in writing prior to commencement of any work by the barrister and work will not begin until fees have been paid.

One of the fee structures most commonly used for cases in the Employment Tribunal, or written advice ahead of any such action, is a fixed fee. This means we will quote a fee in advance of the work being carried out. Any potential variations to this fee, will be outlined in the Terms of Work contract that we send you. We provide a basic overview at the end of this document to assist you in understand what this terminology means as well.

Please see below estimates based on the ranges of fixed fees for barristers at Old Square Chambers in ordinary unfair dismissal and wrongful dismissal claims.

All information is correct as at the time of publication, being January 2020.

Your fees will likely be higher than this range if you need or would prefer a more experienced barrister and/or you have a more complex case. Some examples of factors that could increase costs are: unexpected applications being issued by the other side, hearings being adjourned by the Tribunal and/ or the hearing lasting longer than expected.

Other things to consider

When we provide you with the Terms of Work we will clearly outline to you any potential additional costs that may be incurred.

Here, we provide some further information on the terminology we use. Your case will not be deemed as instructions received until we have received a signed copy of the Terms of Work and payments due as outlined. If you decide not to proceed once you have received the Terms of Work, simply let the clerk know this is your decision. Work will not commence on your case beyond securing terms with you before payment is received and the signed contract is returned.

The quotation and Terms of Work will advise as to whether a cost supplied includes VAT or excludes VAT. For all UK-based work, VAT will be applicable if stated. If you feel your tax position means you will not be liable for VAT, please ensure you advise us of this at the outset so that we may make suitable enquiries. The majority of barristers are VAT-registered which means the HMRC requires them to charge VAT other than in certain exceptional circumstances.

Pricing structures

The following pricing structures may be applied:

• Fixed fees – A fee will be quoted that is a fixed sum, payable in advance to the barrister. The services that will be provided for the fee will be outlined to you in the quotation and the Terms of Work.
• Brief fee and refresher – A brief fee is a fixed fee which covers preparation for a hearing and includes the first day of the hearing. A refresher is a fixed fee for each subsequent day of the hearing. A re-reading fee is likely to be chargeable if a case is postponed or adjourned, because your barrister will need to re-read the original papers and consider any further papers in order to represent you effectively at the resumed hearing. This cost will be outlined in your Terms of Work agreement.
• Hourly rate – A fee is charged per hour worked on the case. The setting of hourly rates is not necessarily straightforward and a number of factors may determine the rate charged. As with all public access instructions, payment must be received in advance before work is undertaken, so if you choose to work to an hourly rate, whilst an estimate of time will be provided, further incremental payments may be made or required during the case. In circumstances where fees have not been paid in advance, we reserve the right to refrain from providing you with any written advice or pleadings until the fees have been paid.