Contractual Terms

11KBW members contract with clients on the basis of The Bar Council’s Standard Conditions of Contract for the Supply of Legal Services by Barristers to Authorised Persons (the “Bar Council Terms”) with the contractual modification set out below, save where otherwise agreed in writing.

The Bar Council Terms were adopted by 11KBW members for new instructions from 31st January 2013 onwards (as they then existed). They were updated in 2018 (in relation to GDPR), in 2020 (in relation to money laundering), and on 22 June 2026 (the “Bar Council Terms 2026”). 11KBW adopted the Bar Council Terms 2026 with effect from 23 July 2026 (click here to view).

In addition, from 7 September 2026, in all instructions accepted on the basis of the Bar Council Terms 2026, the optional clause on limiting liability at 10.6 shall be adopted with the following modifications:

  • Clause 10.6.1 shall be omitted (such there is no requirement for an express agreement in writing as to the level of the liability cap in order that clause 10.6 applies).
  • The words “shall be limited to the sum expressly agreed in writing between the Barrister and the Authorised Person” in clause 10.6.2 (shown under 10.6.2.2) shall be omitted, and in their place the following words inserted “shall be limited to £2,500,000 unless otherwise agreed in writing between the Barrister (or the Barrister’s clerk on the Barrister’s behalf) and the Authorised Person”.
  • A new clause 10.7 as follows: “For the avoidance of doubt, the limits set out in clauses 10.4 and 10.6 apply per Case (including any group action). Those limits do not apply per Lay Client or individual legal claim.”

In 2013, the Bar Council Terms replaced The Bar Council’s previous Terms of Work on which Barristers Offer their Services to Solicitors and the Withdrawal of Credit Scheme in Annexe G to the Bar Code of Conduct. Transitional arrangements in 2013 were as follows: save where otherwise agreed, these Conditions will apply whenever new instructions are accepted by members of 11KBW from 31st January 2013 onwards. Existing instructions in on-going cases received prior to 31st January 2013 will continue to be governed by the Terms of Work/Withdrawal of Credit Scheme, save that the new Standard Conditions will apply if new instructions are received in relation to an existing case, e.g. for advice relating to an appeal.