Public Access

Members of the public can instruct me directly in suitable cases under the Public Access scheme.

This means that you do not always need to instruct a solicitor first. You can come directly to me for advice, drafting, a conference, negotiation, or representation at a hearing.

My work is specialist. I advise and appear in costs and litigation funding disputes. That includes solicitor-client costs, challenges to solicitors’ bills, retainers, CFAs, deductions from damages, litigation funding, detailed assessment, Part 36, QOCS, non-party costs, wasted costs and costs appeals.

Public Access can be useful where you need specialist costs advice, but do not need a solicitor to manage the whole case.

What I can do

In a suitable Public Access case, I may be able to:

Advise you on the merits of your costs dispute;
Advise you on a solicitor’s bill;
Advise on a CFA, DBA, retainer, success fee, ATE premium, or deduction from damages;
Draft written advice;
Draft pleadings, applications, witness statements, submissions, points of dispute, replies, or skeleton arguments;
Advise on settlement;
Advise on Part 36 offers;
Represent you at a hearing;
Advise you on an appeal;
Advise whether you need a solicitor.

The first question is always whether the case is suitable for Public Access. Some cases are. Some are not.

What I do not do

I am a barrister, not a solicitor.

I do not manage the day-to-day conduct of litigation. You remain responsible for the practical steps in the case.

You will have to take the following steps:

Issuing claims or applications;
Filing documents at court;
Serving documents on other parties;
Paying court fees;
Complying with court orders;
Keeping track of deadlines;
Corresponding with the court and the other side;
Preparing and organising the bundle;
Sending me the documents I need in good time.

I can advise you what needs to be done. I can draft documents for you. I can appear for you at a hearing. But you still need to do the practical work yourself.

If the case needs a solicitor, I will say so.

Is Public Access suitable for your case?

Public Access may be suitable if:

The issue is reasonably clear;
The papers are organised;
You can explain what has happened;
You can deal with correspondence, filing, service and deadlines;
You need specialist advice or advocacy on a defined costs issue;
You understand that you remain responsible for managing the case, unless other arrangements are made.

Public Access is not suitable if:

The case is urgent and the papers are not ready;
The dispute is very document-heavy;
You need someone to run the litigation for you;
You cannot deal with court correspondence or deadlines;
You need extensive evidence-gathering;
You need a solicitor to hold client money;
You may qualify for legal aid;
The case would be better managed by a solicitor.

If I consider that your case is not suitable for Public Access, I cannot accept the instruction, for that reason. If the problem arises later, I may have to stop acting unless a solicitor is instructed.

That is not bureaucracy. It is protection.

Common Public Access costs disputes

I am often asked to advise members of the public on disputes with their former or current solicitors.

These may include:

A bill which appears too high;
A deduction from damages which was not expected;
A success fee which is challenged;
A dispute about an ATE premium;
A challenge to hourly rates;
A complaint that costs were not properly explained;
A dispute about whether the solicitor had authority to charge;
A Solicitors Act assessment;
A dispute about whether a bill is final, interim, statute, or non-statutory;
A retainer which may be defective;
A costs order which may be enforceable;
A Part 36 offer with costs consequences.

Not every high bill is unlawful. Not every deduction is wrong. But some are. The important thing is to identify the real point quickly.

Fees

Fees are agreed and payable in advance for Public Access work.

In most Public Access cases, I work on a fixed fee for a defined piece of work. For example, that may be written advice, a conference, drafting a document, or attending a hearing.

In other cases, an hourly rate or staged fee may be more appropriate. This depends on the complexity of the case, the volume of papers, the urgency, and the work required.

Before I start work, you will be told:

What work I am being asked to do;
What I am not being asked to do;
What the fee will be, or how it will be calculated;
When the fee must be paid;
What information or documents I need from you.

You will also receive a client care letter setting out the terms of the instruction.

What to send when making an enquiry

Please do not send a large unexplained bundle at the outset.

It is usually better to send a short email explaining the problem, with the key documents attached.

Where relevant, please send:

The solicitor’s bill;
The client care letter;
The CFA, DBA, retainer, or funding agreement;
Any ATE policy;
Any costs order;
Any judgment or note of judgment;
Any Part 36 offer;
Any court order with a deadline;
Any points of dispute or replies;
Any correspondence explaining the disputed charge;
The date of any hearing or deadline;
A short note saying what you want advice about.

If there is a deadline, put it at the start of the email.

Legal aid

If you think you may qualify for legal aid, you should consider taking advice from a solicitor who undertakes legally aided work before instructing me privately.

Documents and guidance

You may find the following official guidance useful before deciding whether Public Access is right for you:

How to contact me

Please contact my clerks at Hailsham Chambers.

Clerks: 0207 643 5000
Email: clerks@hailshamchambers.com

Please say in your enquiry that you wish to instruct me under the Public Access scheme.

If the matter is urgent, identify the hearing date, assessment date, appeal deadline, or other time-sensitive point at the start.