Great George Street Chambers

Standard Terms & Conditions

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All instructions via professional clients will be subject to the new Standard Conditions of Contract for the Supply of Legal Services by Barristers to Authorised Persons 2012. A copy of the terms can be viewed here supplemented by the clarification as to cancellation of hearings below. All public access work is undertaken pursuant to the terms and conditions in counsel’s client care letter and the below conditions do not apply. Under public access work, all fees are to be paid in advance of work to be undertaken, and counsel is under no obligation to refund fees paid where a hearing is cancelled for whatever reason; any refund will be solely at the discretion of counsel. 

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Immigration Hearings in First and Upper Tribunals

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Since introduction of the Respondent’s Review procedure in the First Tier Tribunal it has become clear that many cases settle, or have the decision on the case withdrawn prior to the hearing. This sometimes occurs shortly before a hearing. When a booking is made in Counsel’s diary, regardless of whether the brief has been delivered, the following cancellation fees will apply if Counsel is no longer required for either the preparatory work or attendance at hearing.

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Hearings (for hearings with a time estimate of 1 day or less)

Where claims are settled or Home Office decisions withdrawn - leading to the Court/Tribunal advising that the appeal is treated as withdrawn and counsel’s attendance is not required -  prior to the date of hearing without the assistance of Counsel:

1 full working day prior to hearing – 100% of brief fee shall be payable;
7 full working days prior to hearing – 50% of brief fee shall be payable;
More than 7 full working days prior to hearing - no cancellation fee shall be payable.

Where the Tribunal or Court has directed that Skeleton Arguments are to be filed and served no later than 3 clear days before the date of hearing – an abated brief fee (50%) will become incurred as soon as Counsel commences work.

 

However, and subject to all situations noted above, all preparatory work will be paid for in full, calculated on an hourly basis at 50% of counsel’s standard hourly rate subject (£375 per hour) [ i.e. at £187.50] save that the fee will be capped at 100% of any fixed fee agreed for the hearing. For example, where the brief fee agreed is a fixed fee of £1500 and counsel has completed 4 hours of preparatory work by the time notification is given that the hearing is to be vacated, a fee of £750 would be payable. Where 9 hours preparatory work has been undertaken (calculated at £187.50 x 9 = £1687.50) the fee would be capped to the fixed fee agreed for the hearing of £1500. 

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Furthermore, where a decision has been withdrawn following counsel’s work on the case, and following written submissions or skeleton argument drafted by counsel being served on the Tribunal or Home Office, and where such submissions or skeleton argument have played a role in persuading the Home Office to withdraw its decision, the brief fee will be paid at 100% of the fee agreed. Whether such submissions or skeleton have played such a role will be determined by counsel alone. 

 

Hearings (For hearings with a time estimate of over 1 day)

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Where claims are settled between the parties or vacated prior to the date of hearing without the assistance of Counsel, the following cancellation fees will apply:

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Within 5 working days of the hearing – 100% of brief fee shall be payable;

5 – 14 working days prior to hearing – 50% brief fee shall be payable;

More than 14 working days prior to hearing – no cancellation fee shall be payable.

 

Where a hearing is date does not proceed due to settlement or withdrawal of a decision, all preparatory work will be paid for, calculated on an hourly basis at 50% of counsel’s standard hourly rate subject (£375  per hour) [ i.e. at £187.50).

 

Paperwork/Drafting

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Depending on the complexity of the matter, chambers standard turnaround for paperwork is 14-21 days. This is from either the date instructions have been received, or where a fee estimate is required, the date from which fees have been agreed. Urgent instructions can be considered with a timescale to be agreed between the instructing solicitor and counsel. In cases of unusual difficulty or where Counsel is unlikely to meet a deadline the instructing solicitor will be contacted as a matter of urgency so that the situation can be discussed.

 

July 2024