Fees Collection
Download the help Collecting Unpaid Fees Brochure
Fees Collection Department
The Bar Council's Fees Collection Office can assist barristers to collect fees owed to them by solicitors (provided that the barrister has paid the Member Services Fee and the fees are not more than 2 years old).
Terms of Work and Withdrawal of Credit Scheme
The rules for the scheme are set out in the Terms of Work and Withdrawal of Credit Scheme in the Annexe G1 of the Code of Conduct. These rules were amended by the Bar Council on the 24 March 2001 to enable interest to be charged from one month after letter "A" has been sent under the Scheme. The amended Terms of Work only apply to briefs and instructions accepted on or after the 24 March 2001.
Contractual Terms of Work
The Bar Council has also drawn up Contractual Terms of Work which barristers may use instead. The Contractual Terms, in addition to the normal remedies available for contracts, make provision for interest and for referral to the Bar Council under the Withdrawal of Credit Scheme. The Contractual Terms are not mandatory and barristers may enter into contracts with solicitors for the provision of services on other terms should they so wish. The Contractual Terms of Work are contained in Annexe G2 of the Bar Code of Conduct.
Reporting to the Bar Council
Barristers should refer to the Terms of Work and Withdrawal of Credit Scheme, and should send the standard letters to the firm. If there is no satisfactory response, the matter should be reported to the Bar Council using the prescribed form. Click here to download the relevant form and guidelines for completion.
The Vice-Chairman of the Bar Council will contact the firm and will consider whether to make a Direction against the firm. The effect of the Direction is that no member of that firm may instruct a barrister in a privately funded matter unless the fees are paid in advance or the work done for no fee.
It is not possible for the Bar Council to take action against licensed access, public access or International clients. Barristers should take action against them in the courts.
Joint Tribunal Process
The Fees Collection Office also handles the joint tribunal process whereby disputes between barristers and solicitors are resolved regarding the amount of fees charged. To commence a joint tribunal, simply send a fee note with a covering letter asking for a tribunal to the Fees Collection Office. The Office will then arrange for the necessary consents to be obtained before the tribunal commences and before the barrister has to issue his Statement of Case. Click here for the joint tribunal standing orders.
Further information about the Terms of Work and Withdrawal of Credit Scheme, together with the Joint Tribunal process, can be obtained from Janice Marshall or Wendy Dowson in the Fees Collection Department at the General Council of the Bar, 289-293 High Holborn, London WC1V 7HZ. DX 240 London Chancery Lane, direct line 020 7611 1318.
