Civil law · Public Access · BSB regulated

Direct access civil law barristers.

Specialist civil counsel for contract, debt, property, landlord and tenant, inheritance, professional negligence and County Court work, instructed directly on a fixed fee without a solicitor.

For a great deal of civil work it is faster and substantially cheaper to instruct a barrister directly than to instruct a solicitor first. Direct access lets you pay one professional for a defined piece of work, on a fixed fee agreed in writing, rather than carrying a full solicitor file plus counsel fee on top.

Clerk&Counsel is a clerking team that places independent civil counsel across England and Wales on a Public Access basis. We are not chambers and we are not a firm of solicitors. Every barrister we place is regulated by the Bar Standards Board, holds a current practising certificate from the Bar Council and carries professional indemnity insurance.

The Bar Standards Board Public Access scheme allows authorised barristers to accept instructions directly from members of the public and from businesses, rather than only through a solicitor. The scheme exists to widen access to specialist counsel and to give clients a clear, transparent route to expert legal advice. For most civil claims, contract, debt, property, landlord and tenant, inheritance and professional negligence, the case is suitable for direct access and Public Access counsel can take you from first conference through to trial.

Need a civil barrister?

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

Send a brief →

Civil areas of law we cover on direct access

County Court, Business and Property Courts, King's Bench.

Contract and commercial disputes

Breach of contract, supply and distribution disputes, agency, partnership and shareholder claims for SMEs and individuals.

Debt recovery and enforcement

Letter before action, Part 7 and Part 8 claims, default and summary judgment, set aside and enforcement applications.

Property and land

TOLATA and beneficial interest, boundary, easements, restrictive covenants, adverse possession and Land Registry disputes.

Landlord and tenant

Housing Act possession, Section 8 and Section 21, deposit claims, disrepair, service charge and forfeiture work.

Inheritance and Inheritance Act

Contested probate, 1975 Act claims, executor and trustee disputes, removal applications and proprietary estoppel.

Professional negligence

Claims against solicitors, surveyors, accountants and tax advisers, with appropriate pre action protocol compliance.

Consumer and Consumer Rights Act

Goods and services disputes, motor finance and FOS related claims, defective goods and misrepresentation.

Insolvency adjacent civil work

Statutory demands, bankruptcy and winding up petitions, set aside applications and director disqualification responses.

Civil appeals

Permission to appeal applications, appeals to the Circuit Judge and to the High Court, and skeleton drafting for appellate work.

Heavy disclosure litigation, multi party group claims and regulatory investigations are not generally suitable for direct access and we will recommend a solicitor led model where the case calls for one. For the great majority of County Court and modest Business and Property Court work, instructing a Public Access civil barrister is the right call.

How direct access works

One specialist, one fixed fee, one written scope.

In a traditional civil claim a solicitor takes the file and instructs counsel for drafting, advice and advocacy. You pay both. On a Public Access basis you instruct the barrister directly and pay one professional for a defined piece of work on a fixed fee. For most civil claims that is faster and substantially cheaper.

A Public Access civil barrister can advise in conference, draft your Particulars of Claim or Defence, settle Part 18 requests, take statements from litigants and witnesses, draft instructions to expert witnesses, negotiate with the other side and represent you in court at directions, summary judgment, interim and final hearings. What they cannot do, unless the barrister is separately authorised to conduct litigation, is issue proceedings in your name or correspond with the court office for you on a day to day basis. The court accepts filings from litigants in person every day and counsel will tell you what to file and when.

Where a case clearly needs a solicitor on the record, for heavy disclosure, complex enforcement against multiple parties or interim injunctive relief with cross undertakings, the clerking team will say so up front rather than take an instruction the case is not suited to.

How to instruct

From brief to barrister in 24 to 72 hours.

Send a brief

A short description of the dispute, the proceedings if issued, the next deadline and the key documents. Most briefs reach us by email.

Clerks shortlist counsel

Our clerking team identifies Public Access qualified civil barristers with the right experience, availability and fee level for the case.

Client care letter

A BSB compliant client care letter sets out the scope of work, the fixed fee and the timetable for your signature.

Work begins

Fees are paid into the chambers client account and counsel begins work. You deal with the barrister directly throughout the matter.

Why clients choose Public Access

Cost certainty and specialist advocacy.

Civil claimants and defendants usually want two things, specialist court advocacy and a fee they can plan around. Direct access delivers both. There is no hourly meter and no second professional layered on top. The barrister you instruct on the brief is the barrister who attends the hearing.

The model suits SMEs running a contract or debt dispute, landlords managing possession and disrepair work, families pursuing or defending an Inheritance Act claim, in house teams who need expert legal advice without engaging a panel firm, and litigants in person who want to put their case on a professional footing without the overhead of a full solicitor retainer.

FAQs

Common questions on Public Access civil work.

What is a direct access civil law barrister?

A direct access civil law barrister is a self employed advocate authorised by the Bar Standards Board to take instructions directly from members of the public and businesses, without a solicitor in the middle. They cover the civil areas of law heard in the County Court, the Business and Property Courts and the King's Bench Division, on a fixed fee.

Can a Public Access barrister conduct litigation for me?

Only if the individual barrister has separately been authorised by the Bar Standards Board to conduct litigation. Most direct access civil barristers are not litigators, which means you remain the litigant in person on the court record while the barrister advises, drafts, negotiates and appears in court for you. In practice that works smoothly for the great majority of civil claims.

Is legal aid available for civil work through direct access?

Civil legal aid is very limited and is not available through the Public Access scheme. If you may qualify, for example in housing possession defence or domestic abuse work, we will say so up front and direct you to a legal aid contracted firm rather than take the instruction on a Public Access basis.

How are fees agreed?

Every instruction starts with a written client care letter setting out the scope of work, the fixed fee and the timetable. Fees are paid into the chambers client account before the work begins, in line with the Bar Standards Board handbook and Bar Council guidance.

Which civil courts do direct access barristers cover?

Public Access counsel routinely appear in every County Court hearing centre across England and Wales, in the Business and Property Courts in London, Manchester, Leeds, Birmingham, Bristol, Cardiff and Newcastle, in the King's Bench Division of the High Court and in the County Court at Central London for higher value civil work.

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