Direct Access
I am considered a passionate advocate with a manner that appeals to Judges, and to my lay clients. I offer a dedicated and approachable manner that enables my clients to feel at ease and to have their concerns listened to.
Points to consider before deciding whether Direct Access is right for you.
Before considering whether you wish to instruct a barrister under the Direct Access scheme it is advisable to read the Bar Standards Board guidance to Lay clients.
Prior to cases reaching Court, much time is spent on case preparation. This is usually work undertaken by a Solicitor. Under Direct Access, the Barrister may take on some of this additional work (if authorised to do so). However, on a Direct Access case, the client is expected to carry out most if not all of this administrative and support work. This has the effect of substantially lessening the overall cost of the legal work being done, but it does add considerably to the responsibility and time commitment of you as the client to handling your case. This additional work, undertaken by you, would usually include assisting with research on evidence and making enquiries to gather evidence, filing of papers in court, photocopying and distribution of bundles of documents, and a range of similar work.
If you are an individual or professional who considers that you are able to undertake much of the administrative work normally undertaken by a Solicitor, but you nonetheless wish to be advised or represented at Court, then I am able to undertake the advice and/or advocacy for you. Kindly read the information below and complete the Direct Access enquiry form for here or email canonburychambers@gmail.com
Prior to instructing a Barrister under the Direct/Public Access scheme.
If the matter is heading to court, then the first thing I need to know is what is the date of the next hearing. Look for the latest notice of hearing, the document showing when (THE DATE) the matter will be heard in court. I will need to check that I am available on that date.
If you are considering instructing me under the Direct access scheme and wish to obtain a quote then in the first instance it would be helpful if you could follow the steps below to organise your papers. Then kindly, briefly set out the area of law, the nature of your case, and whether you have had or continue to have a solicitor on board. Under the Direct Access scheme, you cannot instruct a barrister and a solicitor at the same time. Though if the administrative burden becomes too much, you can instruct a solicitor to assist prepare the case. Once preparation is complete you can then instruct a barrister, under Direct Access for court.
Before instructing a barrister under Direct Access you need to put your papers in order. You may have a court bundle. If you do not have a bundle you will need to go through and organise all the papers, those you have prepared, those from the other side, those from court. This includes going through letters and correspondence, physical and electronic, including emails (sent by you or received), then group them together and put them in date order.
This will ensure that I am able to get to the heart of the matter quickly and ensure that time is spent effectively and efficiently at any meeting or conference.
You will need to read or refresh your memory of the guidance to lay clients issued by the bar standards board.
I may hold an initial brief consultation with you by telephone or remotely to further assess the nature of the case.
I need to assess whether the case is one that can easily be prepared without the assistance of a Solicitor, and whether I would be able to work with you.
It is important that you send / email copies of identification and evidence of residence (e.g utility bills, council tax) and bring original identification documents prior to any consutation or meeting.
Only once I have seen, or have been emailed all the papers, and taken a view on the complexity will I be able to provide a quote for the work I need to undertake. The common pricing model under Direct Access scheme would be a fixed fee for the agreed work, taking account of all work involved, (Not registered for Vat so the quote is the total fee payable).
After assessing your case and providing a quote
After I have assessed the case, and provided a quote and prior to any conference you will be sent, and will need to need to sign a direct access agreement . Payment for a conference, and any subsequent work must be made on receipt of an invoice, and prior to any attendace at court, or any conference or written work or advice.
I may consider that due to complexity it is not in your interests, or not in the interests of justice, to proceed under the Direct Access Scheme.
As your case progresses, your own commitments may be such that you may need assistance with preparatory work. In those circumstances, despite having commenced under the Direct Access Scheme, you would still be able to instruct a Solicitor on your behalf and continue to use the services of me or of another Barrister for attendance at court.
For further guidance please click below which takes you to the guidance on the Bar Standard's Board's website.
For a helpful website providing independent and factual information concerning legal issues and lawyers click on the link below;
https://www.legalchoices.org.uk/
Direct Access - Financial Disputes in Divorce
Undergoing a divorce can be a very stressful process. You may find that you are paying for representation and legal services for court proceedings involving child arrangements, and at the same time have to fund court hearings dealing with the financial aspects of a divorce. You may consider that on balance you wish to use a solicitor for one case, e.g. the child arrangements but deal with the court paperwork for the divorce yourself, and use the assistance of a barrister for court hearings under the Direct Access scheme. You may consider that you could prepare for both hearings and use a barrister to represent you at all of your hearings. Either way, the overall cost when undertaking preparatory work yourself, and using a barrister at court should be more cost effective.
I can advise you if you and your former partner cannot agree on financial matters during, or after, a divorce. For example, you may not be able to agree on how your home or other assets should be divided, whether the Former Matrimonial Home should be sold or kept by one party, whether maintenance is payable or how pensions should be divided.
Prior to considering whether to go to court, and even during the court process alternative dispute resolution, e.g. Mediation or Financial Arbitration, may be a route worth considering.
If agreement can not be reached, you can apply to the family court for a financial order. You may need to attend a number of court hearings.
Timescales
Timescales for your case may vary depending on factors such as my availability, the value and complexity of your assets, whether you have children, how much you have already agreed with your former partner, and their approach.
However, if I am not able to assist you, I will let you know as soon as possible and direct you to other barristers, sites, or organisations which can.
Written advice on your financial dispute will depending on any set court deadline be available within two weeks where possible.
As a guide, court hearings for a financial order tend to take six to twelve months. This does not include possible appeals. Unfortunately, the courts, particularly in London may be quite busy and some courts are still dealing with covid backlog. Also, children’s public law matters take precedence and your financial remedies case may be adjourned (put off to a later date).
Parties are now required to effectively try to settle their disputes by Non-Court Dispute Resolution (NCDR). A judge can direct, or the parties may consider that they wish to try to resolve their dispute another mediation, or a private arbitration.
The stages involved in progression of a case concerning the financial aspects of divorce are as follows:
1. If required written advice on your financial dispute.
2. Conference or meeting that may be remote.
3. Preparation of your case, including a meeting or conference with you that may be remote and assistance with drafting any court documents.
4. The First Directions Appointment Hearing known as FDA or first appointment (first court hearing exchanging financial information and setting down directions).
At times a First appointment even if listed for an hour may progress to the second stage a Financial Dispute Resolution hearing (a hearing where the parties try to reach a settlement), and may last all day.
This may occur if parties have completed questionnaires, and the issues in dispute are narrow and it is considered by all (or the Judge recommends) that the parties try to use the time effectively to try to settle the matter. In those cases, there will be an additional fee charged (settlement fee) to cover the extra time spent at court, and the drafting of an agreement. However, overall, you will be saving time and money by not having to attend a court again for a Financial Dispute Resolution (FDR) hearing.
5. Financial Dispute Resolution Appointment (FDR)
6. At this hearing the parties are encouraged to negotiate a financial settlement. The parties are required to have made offers to settle prior to the hearing. The parties receive input and assistance from a family Judge.
7. Final Hearing
If you are unable to reach a settlement at the Financial Dispute Resolution (FDR) hearing, the case proceeds to a final hearing where the parties may be cross examined about their finances and assets.
Additional or Intervenor Hearings
A party (Intervenor) may assert that money was borrowed from them to purchase a property, either the former matrimonial home or another property, you or your spouse owns. The intervenor may assert that the money needs to be returned to them, or that the property needs to be divided between you and them, as they have an interest or share in the property.
In other cases, the divorce may involve a property owned prior to marriage purchased with the help of family member who assert they always had an interest in that property, and that monies were given to purchase the property as a loan not a gift. In these cases, the court would have to list the matter for hearing to establish what share, if any, the intervenors are entitled to.
Clearly such a hearing would add to the overall costs.
Fees
I may charge fixed fees. I will charge you a set amount of money for the work undertaken. I am not registered for Vat so the fee estimated or quoted is the total fee you will be required to pay.
Factors that place fixed fees at the higher end include whether there are pensions (particularly where there are actuary reports to analyse), more than one property, rental properties, capital gains tax reports, assets abroad, commercial property, business, trusts and intervenors.
Where joint assets are less than £300,000 a fixed fee within the range of fees set out in the table will be agreed between us.
If you have a particularly complex case which involves a number of the above factors and also intervenors your fees may be higher that estimate in the table.
There may be additional costs for travelling to court, and hotel expenses.
In lower value case this where the total joint assets are under £300,000 click here to see the range of fixed fees
For assets above £300,000 please contact 07791 855 303 (or e-mail grv@canonburychambers.co.uk)