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Transparency Rules for Public Access Barristers

The Transparency rules came into force on 1.7.2019, and relate to price, service and redress.  They apply to all self-employed barristers, chambers and BSB entities.

Barristers undertaking Public Access work, will need to comply with a number of additional requirements, with an implementation period until January 2020.

Barristers providing particular Public Access services, are required, in certain circumstances, to:

  • State their pricing model(s), such as fixed fee or hourly rate;
  • State indicative fees and the circumstances in which they may vary;
  • State whether fees include VAT (where applicable);
  • State likely additional costs e.g. court fees;
  • Provide a description of the service, including a statement of the key stages; and
  • An indicative timescale for the key stages.

The relevant Public Access services are:

  • Employment Tribunal cases (advice and representation for employers and employees);
  • Financial disputes arising out of divorce;
  • Immigration appeals (First-tier Tribunal);
  • Inheritance Act advices;
  • licensing applications in relation to business premises;
  • Personal injury claims;
  • Summary only motoring offences (advice and representation for defendants); and
  • Winding-up petitions.

For further information to assist you in complying with the rules, see the BSB’s Transparency Standards Guidance, including:

  • Introduction to the guidance
  • Mandatory transparency rules for all self-employed barristers, chambers and BSB entities;
  • Additional transparency rules for those undertaking Public Access Work;
  • Additional best practice on transparency for all;
  • Checklists to help with compliance, and information about the BSB’s supervision and enforcement strategy; and
  • Annexes, including examples of required transparency for certain Public Access Services.
November 25, 2019

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