Terms of business
Members and pupil barristers of Falcon Chambers accept instructions from their instructing solicitors, and other authorised persons whose regulator is the Solicitors’ Regulation Authority, on the Standard Contractual Terms for the Supply of Legal Services by Barristers to Authorised Persons 2012, with one additional term. The Standard Contractual Terms can be downloaded here. If you would like a paper copy please just let us know.
The one additional term is that the barrister’s total liability (for loss or damage of any kind, including interest and costs) is limited to the amount of their professional indemnity insurance cover at the date of starting to carry out the instructions. In the case of pupil barristers, the applicable limit is that of their pupil supervisor’s indemnity cover.
We consider this is fair and reasonable, as most professionals, including solicitors, are able to provide their services through the medium of a limited company or limited liability partnership, meaning that they are not personally liable. This indicates that it is, in general, considered reasonable for professionals to limit their liability, and there is no good reason for barristers to be treated differently. Barristers are required by the BSB Handbook to ensure that they have adequate insurance (taking into account the nature of their practice). We are happy to discuss any circumstances which make such a limitation inappropriate in any given case.
We will continue to accept instructions from licensed access clients as before. In the case of surveyors, this is on the RICS standard terms; and in the case of other licensed access clients, on the Licensed Access Terms of Work approved by the Bar Standards Board, but in each case also subject to the additional term referred to above.
We do not accept instructions to act as barristers other than from solicitors and other authorised persons whose regulator is the Solicitors’ Regulation Authority or licensed access clients.
We are able to accept instructions from solicitors and other authorised persons whose regulator is the Solicitors’ Regulation Authority, licensed access clients or members of the public to act as mediators. Our standard terms for acting as mediators can be obtained on request from the clerks. We also accept instructions to act as arbitrators - for details see the Falcon Chambers Arbitration website, www.falcon-chambersarbitration.com.
We normally have pupils in chambers, and from time to time also students who come here for a few days to gain experience of life at the Bar. We require everyone who comes here for training or experience to sign a confidentiality agreement. By instructing us, you give your consent to them reading the papers you send us, unless you ask us to ensure that does not happen.