Payments in Personal Injury Cases

The Bar Council has issued the following advice:

It appears that there may at present be members of the Bar giving advice on personal injury claims pursuant to arrangements which involve:

(a) the barristers rendering fee notes for fees in excess of the fees agreed by them as part of the arrangements for their giving the advice; and

(b) the excess, when recovered from the instructing solicitors, being paid to or retained by the organisation operating the arrangements.

It goes without saying that it is obviously improper for any amount to be claimed in a fee note beyond the amount claimed to be due to the barrister. It is also contrary to Paragraph 307(e) of the Code of Conduct for a barrister to make any payment (other than for permitted advertising or, where appropriate, to a clerk or to chambers' staff or employees) to any person for the purpose of procuring professional instructions.