Terms of Business for Counsel

The following terms of business for Counsel apply to Scott Rees & Co and any of our  brands, which includes Claimteam.co.uk.

  1. Counsel will act under the terms of a standard Conditional Fee Agreement, without a success fee. To enable counsel to assess a case, we shall deliver the instructions or brief at least 7 days prior to the date fixed for the hearing. Unless counsel reverts within 48 hours of delivery of the instructions, then the case shall proceed on a CFA without success fee.
  2. In the unlikely event that a fee arrangement is agreed other than on a CFA basis, and even if the alternate arrangement is one that otherwise would entitle Counsel to a private fee, then we shall not be responsible for any Brief fee if, without the express agreement of a Partner in our firm AND ANY APPLICABLE INSURER, counsel takes any steps to:
    1. discontinue the claim, or;
    2. advises the client to offer no evidence/offers no evidence for the client at the hearing.
  3. Regardless of the basis upon which counsel is instructed, there is no obligation upon us to pay interim fees prior to the conclusion of the case and recovery of costs from the paying party.
  4. Where counsel who has previously been involved in the case cannot attend to an instruction or appear at a hearing, another similarly experienced counsel from your chambers will appear on the same terms as prior counsel had agreed to act upon.
  5. No brief fee is due under these terms unless counsel appears at a hearing save for where a fixed advocacy fee is paid by our opponent under the Civil Procedure Rules.
  6. Unless agreed in writing and signed by a Partner in our firm, we shall not be responsible for an abated brief fee should the case not proceed unless such a fee is recoverable in full from the paying party and is in fact recovered.
  7. If the action is subject to Fixed Recoverable Costs and is listed for a final hearing, then the applicable brief fee shall be either the amount awarded by the court on assessment or paid by your opponent under the Civil Procedure Rules, where there is no right to assessment, the fee shall be no more than the maximum fee stated in the CPR for the value of the claim assessed by the court.
  8. For any other type of hearing, we wish to agree a brief fee in advance to encompass all work and expenses. We offer to pay a brief fee of £175 plus v.a.t.  If that is not agreed, please contact us at once.  Unless we agree another fee in writing from us, this fee shall apply.
  9. It is a condition of payment that Counsel provides a copy of their typed note of the hearing within 5 working days of the hearing. Should any claim for hire not be recovered in full then these notes are to be provided promptly and well within the time for an appeal to be made.
  10. In any event where the hearing is not concluded (for any reason) on the day fixed, or is adjourned without being called on, we shall not meet refreshers or further fees in the absence of prior written agreement from us.
  11. The Bar Council’s Terms of Engagement do not apply.
  12. All instructions and briefs will be submitted by email. Counsel shall print the documents as required within the fee agreed. Counsel will securely destroy all papers as soon as possible after the case (or counsel’s part in it) has concluded.
  13. Any drafts or other documents prepared by counsel shall be provided in email only.
  14. All fee notes shall be submitted electronically to barristers@scottrees.co.uk
  15. We may object to the sum claimed in a fee note at any time before payment, where the sum claimed is not a fee fixed under these terms.