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 (updated for the GDPR in 2018), with two additional terms. A copy of the Standard Contractual Terms with those two terms included can be downloaded from our website here.
The first 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.
The second additional term is that, if there is reason to be concerned about payment for the work, we may ask, before accepting the instructions, that the amount of the fee be agreed and paid before the work is carried out, or for confirmation that the professional client instructing us holds money on account for payment of the fees.
We accept instructions from licensed access clients. In the case of surveyors, our contractual terms can be read here. In the case of other licensed access clients, our contractual terms can be read here. Both sets of terms include the limitation of liability explained 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.
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.
Our policy concerning personal data is set out in a privacy notice which can be read here.