Public Access · Civil law

Civil law direct access barristers.

Specialist civil counsel you can instruct directly, without a solicitor, on a fixed fee. BSB-regulated Public Access barristers covering contract, debt, property, inheritance and County Court work across England and Wales.

Civil disputes rarely justify the overhead of a full solicitor retainer. For most claims in the County Court and the lower-value Business and Property Courts, it is faster and substantially cheaper to instruct a barrister directly than to instruct a solicitor first and then pay counsel fees on top. The Public Access scheme run by the Bar Standards Board exists exactly for that reason — to let members of the public and businesses reach specialist court advocates without an unnecessary layer of cost.

Clerk&Counsel is a clerking agency, not a chambers and not a firm of solicitors. We place independent civil counsel across England and Wales on a Public Access basis. Every barrister we work with is regulated by the Bar Standards Board, holds a current practising certificate from the Bar Council and carries professional indemnity insurance. We are a trading style of Found First Digital Ltd.

Scope

Which areas of law we cover.

The civil work routinely placed with access barristers on our panel includes:

  • Contract and commercial disputes — breach of contract, supply and distribution, agency and SME shareholder claims.
  • Debt recovery — letter before action, Part 7 and Part 8 claims, default and summary judgment, set aside and enforcement.
  • Property and land — TOLATA, beneficial interest, boundary, easements, restrictive covenants and Land Registry references.
  • Landlord and tenant — Housing Act possession, deposit claims, disrepair, service charge and forfeiture.
  • Inheritance Act and contentious probate — 1975 Act claims, executor disputes and proprietary estoppel.
  • Professional negligence against solicitors, surveyors, accountants and tax advisers.
  • Consumer Rights Act claims, motor finance and FOS-related work, defective goods and misrepresentation.
  • Insolvency-adjacent civil work — statutory demands, bankruptcy and winding up petitions.
  • Civil appeals to the Circuit Judge and to the High Court, with skeleton drafting and oral advocacy.
What counsel does

From first conference to final hearing.

A Public Access civil barrister can take a matter from the very first conference through to trial. The work usually begins with an advice on merits, then moves into drafting the documents and representing the client at each stage of the timetable. Counsel will draft the Particulars of Claim or Defence, settle Part 18 requests, take statements from litigants and witnesses, prepare instructions to expert witnesses, negotiate with the other side and represent you in court at directions, summary judgment, interim applications and the final hearing.

What direct access barristers cannot do, unless individually authorised to conduct litigation, is correspond with the court office in your name day to day or issue claims as the solicitor on the record. The court accepts filings from litigants in person every day and counsel will tell you precisely what to file, by when, and in what form. For the majority of civil claims this works seamlessly and keeps the legal services bill to a fraction of a traditional solicitor-led model.

How it works

How to instruct a civil access barrister.

Briefs reach our clerking team by email or through the website. A clerk reads the brief on the same working day, runs conflict checks and identifies suitable Public Access civil counsel by experience, availability and fee level. You receive a written shortlist with indicative fees — almost always a fixed fee for a defined scope, occasionally hourly rates for longer advisory work — and a recommended next step.

Once you choose counsel, a BSB-compliant client care letter sets out the scope, the fee, the payment terms and the timetable. Fees are paid into the chambers client account before work begins. From that point on you deal with the barrister directly. The barrister you instruct on the brief is the barrister who attends the hearing.

Who instructs us

Who Public Access civil work suits.

Direct access civil work suits SMEs running a contract or debt dispute who want specialist legal professionals on a defined budget. It suits landlords managing possession, disrepair and service charge work. It suits families pursuing or defending an Inheritance Act claim. It suits in-house teams who need expert legal advice on a one-off matter without engaging a panel firm. And it suits litigants in person who want to put their case on a professional footing without carrying the full overhead of a solicitor retainer.

If your matter sits outside what is sensible on direct access, we will tell you and point you to a solicitor instead. Please contact the clerking team with a short outline of the dispute and the next deadline.

Brief us

Civil dispute that needs counsel?

Send a short brief — the parties, the dispute, the next deadline and the key documents. A clerk will come back within one working day with shortlisted counsel and a fixed fee in writing.

FAQ

Common questions.

Do I have to instruct a solicitor first?

No. For most civil disputes you can instruct a barrister directly under the Bar Standards Board Public Access scheme. The scheme was designed to let members of the public, businesses and in-house teams reach specialist counsel without the cost of a separate solicitor on the file. Where a case clearly needs a solicitor — for heavy disclosure, complex enforcement or urgent injunctive relief with cross undertakings — we will say so up front.

What can a Public Access civil barrister actually do for me?

A direct access civil barrister can give expert legal advice in conference, draft your statement of case, settle correspondence, take witness statements from litigants and witnesses, prepare instructions to expert witnesses, negotiate with the other side, draft skeleton arguments and represent you in court at every type of civil hearing. Unless the individual barrister is separately authorised to conduct litigation, you remain on the court record as a litigant in person and the barrister tells you what to file and when.

How quickly can a barrister be instructed?

Most briefs are reviewed within one working day. Where a hearing is imminent we can usually have a shortlist with you the same day and a signed client care letter in place within 24 to 48 hours. For longer-term work, conferences are typically booked within the same working week.

How are fees agreed?

Civil work on the Public Access scheme is almost always priced on a fixed fee, agreed in writing before any work begins. For longer matters or open-ended advisory work, hourly rates may apply, but the rate is set out in the client care letter at the start. There are no surprises in the bill.

Which civil courts do you cover?

Every County Court hearing centre in England and Wales, the Business and Property Courts in London and the regions, the King's Bench Division of the High Court and the County Court at Central London. Hearings are attended in person or by CVP, depending on what the court has directed.

Are you a barristers' chambers?

No. Clerk&Counsel is a clerking agency, not a chambers and not a firm of solicitors. We place BSB-registered direct access barristers with the right experience for the matter in front of you.