Client Care

Our barristers are in court most days and need to be able to prepare cases around other professional commitments and with due regard to work/life balance. We therefore ask that papers are delivered in line with the timescales set in our booking acknowledgement letter. For longer and more complex cases we may need to agree timescales with you on a case by case basis.

The wellbeing of our barristers, pupils and staff is extremely important to us. One of the most common issues that can have a negative effect on wellbeing is having limited time to prepare cases because instructions and/or bundles have been delivered late. As well as the wellbeing issues, where instructions and/or bundles are delivered late then it may not be possible to prepare preliminary documents, in line with Family Procedure Rules or local practice directions, within the required time limits or at all. In the worst-case scenario if counsel is not able to properly prepare then they have a professional obligation to withdraw from the case.

We recognise that the reasons for delays in providing papers are many and are often out of your control and we ask that you work with us to manage such situations. To try and help to manage these issues we will email you in the lead up to the hearing to remind you of the deadline for the delivery of papers:

• Where you believe that the papers will be delivered within our standard timescales you may disregard the email, we will assume that there will be no issue and that the case is going ahead.
• If you think there are going to be delays, for whatever reason, then please let us know.

Instructions

With the rise in electronic bundles we often find that we have received a bundle well before the hearing, but the instructions follow much later. Without instructions it will always be impossible for counsel to properly prepare in a focussed and efficient way, but we don’t necessarily need a traditional brief with the chronology and facts of the case repeated in the body of the instructions. It is more important for counsel to have a good idea of the key issues and the clients’ instructions on those issues so that they can start reading the bundle to prepare for the hearing. An e-mailed note of instructions will often suffice, especially in cases where counsel has had previous dealings. In cases where the bundle is lengthy, and it is listed for a contested hearing then a focussed key reading list will also greatly assist.

Court lists

The courts do all they can to ensure all parties are aware of any changes to the court lists, there are unfortunately times where communications break down and problems arises. To counter this, we will double check the court lists the day before each hearing to ensure that our barristers are sent to the correct court building at the correct time. If there is a discrepancy between the instructions you have provided to us and the information from the court, we will contact you at the earliest possible opportunity.

We accept the delivery of case papers in hard copy, via email or via online document transfer. For our document management systems to work we ask that all papers in an electronic format are sent to clerks@stmarysfamily.co.uk All our clerking team have access to that email address and will ensure that any documents are passed on to the appropriate barrister promptly.

If you are delivering papers electronically outside our normal opening hours it may be appropriate to email them direct to the barrister, we would ask that you cc the clerks@stmarysfamily.co.uk address into any such communication. We cannot guarantee an urgent response to anything which is delivered to our barristers or clerks outside of our normal working hours without prior arrangement.

We use document management software which allows our barristers ready access to any documents which are delivered to us. We can provide you with access to a secure online portal to allow you to upload papers directly into our systems. This is particularly useful for large files or sensitive material, but it can be used for any case related materials. Access is on a case related basis, so we provide you a link to a different access point to the portal for each individual case. If you would like to use the portal, please contact the clerks.

Occasionally due to circumstances beyond our control your barrister of choice may not be available so a change will need to be made. If this does happen, we will:

• Contact you at the earliest possible opportunity to discuss the available alternatives so you can choose the best and most suitable replacement.
• Try to ensure that the alternative counsel is from St Mary’s Chambers.
• Where appropriate try to arrange for a barrister to “double-up” and take on more than one case. This will depend on the types and complexity of hearing, both clients’ consent and the court listing. Where the cases are across two courts, we may still be able to provide cover if you can get the approval of the court in advance of the hearing.
• Assist you in finding alternative counsel from other chambers, if we have no suitable replacements available.
• Transfer all the case papers that we hold to the replacement barrister at the earliest opportunity.
• Make every effort to ensure that the replacement barrister has the opportunity to discuss the case with the original barrister.

We appreciate how important it is that we communicate the outcome of the case to you at the earliest opportunity. We therefore have an internal policy which seeks to ensure that we make every effort to report the outcome of the case to you within 48 hours of the conclusion of the hearing.

• Barristers should provide a record on the outcome of the hearing and copy court orders to the instructing solicitor within 48 hours, unless there is a prior agreement to vary this timeframe.
• In cases where the solicitor needs to take immediate action in order to comply with a court order, or else due to some other issue which has arisen at the hearing then the barrister must make every effort to report the details immediately after the hearing.
• In cases where there are unavoidable difficulties in complying with the timescales set out above, barristers should take steps to ensure that the clerks and the instructing solicitor are informed of the delay, the timescale for completion, and any key details which require urgent action.

Where a hearing has been adjourned for future dates, we will make every effort to ensure continuity of counsel. Unfortunately, the court lists are so busy that barristers are often given no choice over adjourned dates. We will contact you about any future dates to ascertain whether counsel is required, we will confirm if counsel is required for those dates, and we will confirm the availability of counsel. If your original choice of counsel is not available, we will:

• Discuss the available alternatives so you can choose the best and most suitable replacement
• Try to ensure that the alternative counsel is from St Mary’s Chambers
• Where appropriate try to arrange for a barrister to “double-up” and take on more than one case. This will depend on the types and complexity of hearing, both clients’ consent and the court listing. Where the cases are across two courts, we may still be able to provide cover if you can get the approval of the court in advance of the hearing.
• Assist you in finding alternative counsel from other chambers, if we have no suitable replacements available
• Transfer all the case papers that we hold to the replacement barrister at the earliest opportunity
• Make every effort to ensure that the replacement barrister has the opportunity to discuss the case with your original barrister

Our clerks are happy to agree fixed fees at the time of booking for the majority of cases on which we are instructed. Fixed fees are quoted subject to the information we are provided at the time of booking. If after delivery of the brief the issues are more complex, or the barrister is required to spend more time on the case than anticipated we will contact you to renegotiate the fee. The occasions we do this are rare, and we ask that you provide us with as much information at the time of booking to avoid revising the fee.

For some cases we are not able to offer fixed fees, these will typically be complex cases, cases with international issues and cases with extensive documentation and evidence.

Fees for paperwork are calculated using the hourly rate of the barrister and the time spent on preparation and in drafting. We can provide a clearer indication of the likely fee for paperwork upon delivery of the papers.

Counsel’s services are offered under the Standard Contractual Terms for the Supply of Legal Services by Barristers to Authorised Persons 2012 (“the 2012 Terms”). Our clerks will inform you at the point of booking how much you can expect to pay for the work to be completed, which should allow you to obtain funds on account from your client. You will receive an invoice within seven days of the completion of the work and our payment terms are 30 days from the date of invoice.

At the point of booking we will send an e-mail asking you to either confirm your acceptance of our standard payment terms or else propose an alternative arrangement. If we do not get a response within 7 days, then we will deem this as acceptance of our standard terms.

Where a case is removed from counsel’s diary at short notice a fee will normally be payable. This is to provide remuneration both for the preparatory work undertaken by counsel and to allow for the lost work. When a case is removed from a barrister’s diary at short notice it is unlikely that we will be able to replace the lost work. As each barrister is self-employed this could mean receiving no income each time a case is cancelled. The reason for the cancellation could be an agreed adjournment between the parties, the court removing the matter from the list, the case settling, or some other unforeseen reason.

The cancellation fee is calculated based on the proximity in time of the date of removal to the hearing date, and the estimated length of hearing.

Hearings up to one day

• 1 working day before hearing -  100% of fee
• 2-3 working days before hearing - 75% of fee
• 4-5 working days before hearing - 50% of fee
• 6+ working days before hearing - No fee

Hearings over one day and up to three days

• 1-2 working day before hearing - 100% of fee
• 3-5 working days before hearing - 75% of fee
• 6-10 working days before hearing - 50% of fee
• 11+ working days before hearing - No fee

We normally require papers to be delivered at least 5 working days before the hearing, and for more complex cases we may agree a different timeframe. When the deadline is reached and the brief and/or bundle has not been received the clerks will contact you to agree on a course of action.

We can either remove the matter from counsel's diary, or we can agree a new deadline for delivery in consultation with counsel on the basis that if the case where to be removed from the diary at some point before delivery of papers a fee would apply as set out in our cancellation procedure.

The courts are under immense pressure due to underfunding and a lack of resources. Late cancellations of hearings in Financial Remedies proceedings are sadly common.

Where an FDA or an FDR is vacated at short notice and a Private FDR is arranged to replace the vacated hearing within 10 working days of the vacated date, then we will waive the cancellation fee. We can provide details of Private FDR evaluators who would have availability at short notice, and we can normally offer our offices as a venue.

Private FDR are an extremely cost-effective means of resolving cases prior to final hearing. According to the Farquhar report court-based FDR hearings settle less than 50% of cases. Our own Private FDR service has an 80% success rate.

Where the court removes the case at short notice it is possible for the client to claim back the fees paid to counsel through the HM Courts Complaints Procedure. More details can be found by clicking here.

When making a complaint to the court we suggest that you include the references from our standard terms about cancellation fees and the Ombudsman decision about barristers’ fees set out below.

If you are unhappy with the outcome of the complaint there is an escalation process, and the client can appeal to the Parliamentary and Health Service Ombudsman.

There is a precedent where the Ombudsman found that where the court cancel a hearing a short notice then they should reimburse the parties for counsel’s fee, which it may be useful to include in any complaint to the court.

All the barristers at St. Mary's are self-employed and rely on regular cashflow for all their income. All fees must therefore be paid within 30 days of a fee note being submitted for payment. If you think you may have some difficulty paying within this time scale you must contact the clerks prior to work commencing. Similarly, if there is any dispute over the level of fees this must be raised within the 30-day period.

We accept payment by bank transfer and credit or debit card. We no longer accept payment by cheque.

Bank Transfer
Account Name: St. Mary's Chambers
Bank: Royal Bank of Scotland
Sort Code: 16 26 32
Account Number: 16802897

Please quote our case reference number on any payments.

Where our case reference is not quoted we may not be able to cross reference the payment and may assume the fee is still outstanding. Following confirmation that the funds are in our account we will send out a receipt to confirm payment.

When you instruct counsel please ensure that, where it is available, the brief to counsel includes the most up to date public funding certificate. Where no public funding certificate is in place or where the certificate does not cover the work undertaken by counsel, we will look to you for payment of counsel’s fees. We are happy to provide fee estimates for our involvement in cases and to ensure the costs limit on the certificate is sufficient.

If this case is being dealt with under a VHCC or is likely to become a VHCC please could you contact the clerks at the earliest opportunity.

We require instructions to counsel each time we are instructed to work on a case. The LAA insist that instructions to counsel clearly state:

• the type of hearing counsel is instructed to attend
• the estimated length of that hearing
• the time the case is listed
• the time counsel is ordered to attend (when it is earlier than the court start time)
• that counsel is to advise the client in conference at court prior to the hearing

Without this information it will be impossible to claim for counsel’s fees from the LAA and this may subsequently delay any claim you make.

We will endeavour to obtain the necessary information from counsel to calculate the fee within 28 days of the work being done. We will pass these details on to you as soon as possible thereafter. Every barrister practising from St. Mary’s Chambers is self-employed and only receives their income for publicly funded work when the Legal Aid Agency processes and pays their claims. We therefore rely on efficient billing processes to ensure cash flow. Until counsel is assigned to the case and allocated the appropriate funds on CCMS it is impossible for us to claim their fees; we would therefore ask that this is done at the earliest possible opportunity.

If you would like our costs allocation e-mails sent to someone other than the fee earner with conduct of the file, please let us know and we will ensure they are directed to the correct person.

If we still do not have all the requisite information from you which is required by the LAA to produce a bill and/or we have not been assigned to CCMS and allocated funds then we will send reminder e-mails at regular intervals.

If the matter is still not resolved and no satisfactory explanation for the delay has been provided, then we will be forced to raise the issue with your LAA Contract Manager and we may also look to you for payment of counsel’s fee. Obviously, this is not a course of action we want to take and if there is an issue with a case, we ask that you contact us at the earliest opportunity to discuss possible solutions.

We have considerable experience in managing Very High Cost Cases in matters where either single counsel or two counsel events rates apply. Our Chief Executive has worked with LAA subject matter experts to improve their processes and on producing updating training documentation relating to VHCC.

Even before a case is registered as VHCC we provide costs estimates at FAS and events rates to allow you to project future costs. As a case progresses, we provide updated actual costs and estimated future costs where timetables change. We are proactive in gathering the documentation the LAA require from counsel at various stages in the life of a VHCC and will normally have what you need before you need it. When a case has concluded you will need to notify us when you are ready to submit your final bill as both bills must be submitted within 5 working days of each other.

For more information on how we manage VHCC or if you wish to work with us in developing a process tailored for you then please contact us at: vhcc@stmarysflc.co.uk

In cases where FAS does not apply, the way that we can claim our fees from the LAA is very different. Unlike FAS we cannot submit claims for work as it is completed, instead we can claim payments on account at key stages. When a case has concluded you will need to notify us when you are ready to submit your final bill, as both bills must be submitted within 5 working days of each other. There are slightly different regulations and CCMS processes for non-FAS family (such as acting for a guardian in Private Law) and non-FAS civil (such as TOLATA of Court of Protection) and we have defined procedures for both.

If you have any queries about non-FAS cases, please contact us at: nonfas@stmarysflc.co.uk

If your administration requires purchase order numbers to be quoted on invoices, then we will expect you to provide one before any work is done. In circumstances where work is booked at very short notice, we would be grateful if you would provide the purchase order number at the earliest possible opportunity. Where there is a delay to the purchase order being supplied, we will submit an invoice without a purchase order number, and we will still expect payment within our standard 30 days terms.

Counsel’s services are offered under the Standard Contractual Terms for the Supply of Legal Services by Barristers to Authorised Persons 2012 (“the 2012 Terms”). A copy of the 2012 Terms can be found here. Our clerks will inform you at the point of booking how much you can expect to pay for the work to be completed. You will receive an invoice within seven days of the completion of the work and our payment terms are 30 days from the date of invoice.

The fees are due and payable within 30 days of the date of invoice. If no agreement to defer payment is in place prior to the work being undertaken, then we may charge the fixed sum* and interest on any late payments, and refrain from doing any further work on the case unless payment for that work is made in advance. Where these sanctions have been made and payment is still not made, we can also sue the Authorised Person for payment.

*The fixed sum is set out in the Late Payment of Commercial Debts (Interest) Act 1998: for a debt less than £1000, the sum of £40; for a debt of £1000 or more, but less than £10,000, the sum of £70; for a debt of £10,000 or more, the sum of £100.

Where a case is removed from counsel’s diary at short notice a fee will normally be payable. This is to provide remuneration both for the preparatory work undertaken by counsel and to allow for the lost work. When a case is removed from the diary at short notice it is unlikely that we will be able to replace the lost work. As each barrister is self-employed this could mean receiving no income each time a case is cancelled. The cancellation fee is calculated on a case by case basis with reference to the amount of preparation completed and the proximity in time of the date of removal to the hearing date. The reason for the cancellation could be an agreed adjournment between the parties, the court removing the matter from the list, the case settling or some other unforeseen reason