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5RB - Leading barristers' chambers specialising in all areas of Media & Communications Law

Public Access

What Is Public Access?

Public access, also known as “direct access”, allows members of the public, and commercial and non-commercial organisations to instruct barristers directly for most civil matters without having to go through a solicitor or another qualified intermediary first.

5RB has a team of barristers, ranging from KCs to Junior Counsel, who are licensed to undertake public access work, having completed the Bar Council’s accredited course.

The benefit of instructing a member of 5RB on a public access basis is that your case will be reviewed by a specialist barrister. This could save you both time and money.

Our Public Access Services

As specialists in meda and communicaitons law, we accept instructions in appropriate circumstances from individuals and organisations (or their agents).

Members of 5RB‘s public access team are experienced in advising and working with a variety of individuals and organisations on a public access basis, including broadcasters; newspapers, magazine, book and music publishers of all sizes; media, communications and sports regulatory bodies; and local authorities. We also regularly deal with public relations, media and sports agents.

Members of our public access team support clients by:

  • giving expert legal advice on specific issues or disputes,
  • acting in negotiations,
  • drafting documents (including correspondence and statements), and
  • advising on the best strategy and approach to be taken.

Before instructing a barrister at 5RB via public access, you should be aware that if your matter is something with which our members can assist, taking the matter to court will most likely require the services of a solicitor. Barristers’ involvement in running litigation directly is currently restricted by the rules of the Bar Standards Board and there may be important tasks from which they are barred. For example, barristers cannot serve or issue documents at court or draft witness statements. If your case proceeds to court, we will recommend several specialist firms of solicitors with competitive rates.

The Public Access Process

If you would like to instruct a barrister via public access, please complete the 5RB public access briefing form attaching any relevant documentation and submit it by email or by post for the attention of the clerks at 5RB.

On receiving your form, a 5RB public access accredited barrister will review the details to establish whether the matter is suitable for public access. We will then notify you whether it is a matter we can pursue on your behalf or not. There is no fee for this review.

If the matter is suitable for public access and subject to members’ availability, our clerks will contact you to discuss the likely timescale and cost. All fees charged by members are handled by our experienced clerking team and, depending on the type of case and the work required, will be based on hourly rates and fixed fees.

Following this discussion, we will send you a letter of confirmation that will set out the scope of work to be completed, the applicable fee and the specific date by which the contracted services will be provided. If you agree with the proposed terms, you will be asked to sign the letter and return it to us.

Please note that fees must be paid and cleared before a member of 5RB can start working on your case. All fees are subject to VAT at 20% and this will be shown on your quote.

If members of the public access team are not prepared to handle the matter, we will inform you in writing. After each element of work is completed, as well as before any new piece of work is accepted, your barrister will continue to review and consider whether the matter remains suitable for public access.

If you would like to discuss the matter first, please contact one of our clerks, Andrew Love or Antony Braeger, on +44 (0)20 7242 2902. They will be happy to provide information about members of our public access, their seniority, availability and fees.

The Bar Standards Board publishes information for the public about how to instruct a barrister, which can be found here.

Outside the public access scheme, the other ways to instruct a 5RB barrister are:

  • Professional Client Access – Solicitors, qualified in-house lawyers and other authorised litigators may instruct barristers directly either on behalf of clients or on their own account in any matter for all types of work.
  • Licensed Access – Organisations or individuals with expertise in particular areas of law can apply to the Bar Council to be licensed to instruct barristers directly in those areas. The licensed access licensing scheme ensures that the referrer has the skills necessary and the facilities available to instruct the Bar. Members of 5RB can also undertake Professional and Licensed access work.

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