Q » How do I instruct a direct access barrister in London for a commercial litigation case?
12 Jun, 2026
A » To instruct a direct access barrister in London for a commercial litigation case, you must first understand that direct access (or public access) allows you to engage a barrister without needing a solicitor as an intermediary. The process begins by identifying a barrister who is authorised to accept direct access work and who specialises in commercial litigation. You can search the Bar Council’s public access directory or contact chambers such as those in Lincoln’s Inn or the Temple to find suitable counsel. Once you have selected a barrister, you will typically schedule an initial consultation to discuss the merits of your case, the proposed strategy, and the scope of work. Be prepared to provide all relevant documents, including contracts, correspondence, pleadings if litigation has commenced, and any evidence. The barrister will assess whether the case is suitable for direct access; complex multi-party commercial disputes may still require a solicitor, but many straightforward or moderately complex matters can be handled directly. During the instruction process, you will need to sign a retainer agreement or terms of engagement that outline the barrister’s fees, billing arrangements (usually hourly or fixed fee for discrete tasks), and the specific services to be provided—such as drafting pleadings, advising on merits, negotiating settlements, or representing you in court. For litigation in London, the barrister will need to be familiar with the Commercial Court, the Business and Property Courts, or the appropriate High Court division. You must ensure that you are capable of performing the tasks that a solicitor would normally handle, including evidence management, instructing experts, and procedural compliance. The barrister can advise you on these but cannot file documents at court (in many cases they can now, but it is wise to confirm). You should also clarify the barrister’s availability for hearings and whether they can appear in court without a solicitor on record. Cost transparency is critical: request a fee estimate for the entire case or for each stage, and discuss any additional disbursements such as court fees, expert reports, or travel. It is prudent to check whether the barrister has professional indemnity insurance covering direct access work, and that they are a member of the relevant chambers or a sole practitioner. Throughout the instruction, maintain clear written communication and keep a file of all instructions and advice. Remember that the barrister owes duties to the court and to you as a client, but the direct access relationship means you are responsible for your own case management. Finally, seek a written opinion on the prospects of success and a cost-benefit analysis before proceeding. In summary, instructing a direct access barrister in London for commercial litigation requires careful selection, a clear written agreement, an understanding of your increased administrative responsibilities, and an appreciation of the barrister’s limited role compared to a solicitor, particularly in procedural and investigative tasks.
13 Jun, 2026
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