Why a Direct Access Barrister?
- As a barrister Spencer regularly appears in Court arguing real contractual disputes;
- He can give accurate and pragmatic advice using this practical experience of how judges actually apply the law;
- Unless you agree otherwise he will deal with your legal problem himself and will not delegate the work to a more junior lawyer.
- Direct access barristers normally charge less per hour than a solicitor in an equivalent position in the market. This is generally because we have lower overheads (we do not, for instance, employ secretarial staff).
- Barristers generally take a matter of fact approach to litigation. Spencer will advise you on the most cost effective and efficient way of dealing with your contractual problem. In some circumstances this may means directing you towards a solicitor, legal executive or paralegal.
What Sort of Work Does a Direct Access Commercial Barrister Do?
Spencer’s services as a direct access barrister include advice and representation on the following:
- general contractual law problems and disputes;
- the application of the Sale of Goods Act and the Unfair Contract Terms Act (UCTA);
- the validity of exclusion clauses;
- related contractual disputes such as shareholder disputes, claims for unfair prejudice and disputes relating to senior employees and directors (such as claims relating to breaches of fiduciary duties and unpaid bonuses or commissions);
- interim or final injunctions seeking to restrain competition;
- actions based on the implied duty of good faith or breaches of confidentiality;
- actions to protect online reputation.
How can a Direct Access Barrister Help?
I can help in a variety of ways from providing a formal written opinion for an insurer to presenting your case in court. Examples include:
- drafting court documents such as a particulars of claim or defence;
- advising on merits or on the amount of damages;
- advising on what evidence you require to prove your case;
- reviewing witness statements;
- drafting settlement agreements or other contracts.
Please note that direct access barristers generally have professional restrictions on the sort of work that they can do for you. They cannot, for instance, take witness statements in a case that they also present at Court (Spencer can either instruct another barrister to assist preparing the statements or you can prepare the statements yourself and Spencer can then review them). If you decided that you would like to instruct Spencer will provide further information. You can also find out more from the Bar Council here.