High Court

Barristers for High Court litigation.

Experienced counsel for high value commercial, chancery, probate and civil claims in the High Court, instructed directly under Public Access or through your solicitor.

High Court litigation is different in kind, not just in scale. The procedural demands are heavier, the case management is more interventionist, the costs exposure is larger and the margin for error is smaller. A claim that justifies the High Court justifies specialist counsel: someone who tries cases at that level regularly and understands how judges in the Rolls Building and the regional Business and Property Courts expect cases to be prepared and presented.

Clerk&Counsel introduces independent barristers, regulated by the Bar Standards Board, who practise in the High Court across the King's Bench Division, the Chancery Division and the specialist courts. We match the case to counsel by seniority, specialism, availability and fee basis, and we agree all fees in writing before work begins.

We take instructions from solicitors needing High Court counsel and from clients instructing directly. Where the case needs a solicitor on the record, we will tell you at the outset and can work alongside your existing legal team.

Divisions

King's Bench, Chancery and the specialist courts.

The King's Bench Division deals with the main run of high value civil claims: contract disputes, negligence, defamation and personal injury. The Chancery Division takes trusts, estates, probate, real property, partnership, company and insolvency work. Within the Chancery Division sit the Business and Property Courts, including the Commercial Court, the Insolvency and Companies Court and the Intellectual Property Enterprise Court.

Choosing the right division is not a formality. It determines the judge, the procedural rules that bite hardest, and often the timetable. Counsel will advise on division, court and track before proceedings are issued, and on whether the claim should be heard in London or in a regional centre.

Scope

High Court work our counsel take on.

  • High value commercial contract and business disputes.
  • Chancery claims: trusts, estates, probate and property disputes.
  • Shareholder, partnership and director disputes including unfair prejudice petitions.
  • Civil fraud, asset tracing, freezing orders and search orders.
  • Professional negligence against solicitors, accountants and surveyors.
  • Insolvency and companies court applications, including director disqualification.
  • Interim relief: injunctions, specific disclosure and security for costs.
  • Appeals to the High Court from the County Court and tribunals.
Costs and risk

Managing exposure in the High Court.

The High Court is a costs shifting forum: the loser usually pays a substantial contribution to the winner's costs. Costs budgeting under the Precedent H process applies to most multi track claims, and security for costs applications are common where there are doubts about the claimant's ability to pay. These risks need to be assessed before proceedings are issued, not after.

Most of our counsel work on a staged fee basis: a fixed fee for merits advice, then fixed fees for pleadings and interim applications, then a brief fee and refreshers for trial. That structure lets you reassess at every stage and keeps you in control of spend. We will also discuss funding options, including damages based agreements in suitable cases.

How it works

From enquiry to counsel.

Send us a short outline of the claim: the parties, the value, the stage it has reached and any deadlines. We run conflict checks, identify suitable High Court counsel with current availability, and come back with a shortlist, indicative fees and timescales. Once you choose counsel, the engagement paperwork is handled digitally and work can usually begin within days.

For urgent applications, including injunctions and freezing orders, tell us at the outset. We regularly place counsel at short notice for without notice and urgent on notice applications.

Brief us

Send us the outline of your claim.

Tell us the parties, the value, the stage and any deadlines. We will come back with High Court counsel options and a fee basis within one working day.

FAQ

Common questions.

Which cases are heard in the High Court?

The High Court hears high value and complex civil claims across its three divisions: the King's Bench Division (contract, tort and general civil), the Chancery Division (trusts, estates, property, companies and insolvency) and the Family Division. Claims are generally suitable for the High Court where they exceed £100,000, involve complex points of law, or need specialist case management, though some categories must start there regardless of value.

Can I instruct a High Court barrister without a solicitor?

In many cases, yes, under the Public Access scheme. Barristers can advise, draft and represent you in the High Court. However, litigation involves procedural steps, disclosure management and correspondence that some Public Access barristers cannot undertake. Where a barrister on our panel holds a litigation extension they can conduct the litigation directly; otherwise we will advise whether a solicitor should be instructed alongside counsel.

How much does a High Court barrister cost?

Fees reflect seniority and complexity. A written advice on a substantial claim might be a fixed fee in the low thousands; a multi day High Court trial is quoted as a brief fee plus refreshers, often staged so that advice, pleadings, interim hearings and trial are priced separately. All fees are agreed in writing before counsel is instructed.

Which division should my claim be issued in?

It depends on the subject matter. Contract and negligence claims usually go to the King's Bench Division; trust, estate, probate, partnership and company disputes to the Chancery Division; specialist commercial work to the Commercial Court. Issuing in the wrong division wastes time and costs. Counsel will confirm the right division and court at the first advice.

Can High Court claims be heard outside London?

Yes. The Business and Property Courts sit in Birmingham, Bristol, Cardiff, Leeds, Liverpool, Manchester and Newcastle, and the King's Bench Division has District Registries across England and Wales. Regional issue is often faster and less expensive than the Royal Courts of Justice, and most of our panel appear regularly in the regional courts as well as in London.