Information for Overseas Clients
The Bar is a profession of independent lawyers who are usually self-employed but practising in groups, from offices known as chambers. More information about barristers can be found on the website of the Bar Council, the professional body for barristers in England and Wales.
So
far as overseas clients are concerned, barristers can receive
instructions either directly from clients or from a law firm, whether
based within the UK or outside the UK, acting on behalf of foreign
clients. However, when acting in legal proceedings conducted in
England and Wales a barrister has to be instructed by solicitors who
are on the record.
The Chancery Bar of England and Wales
The Chancery Bar undertakes, both domestically and internationally, the work which traditionally is associated with the City of London. It deals with companies, investment trusts, pension funds and other investment vehicles, with takeovers, mergers and reorganizations, with insolvencies, banking, capital markets, securitisations, and financial services, with Media work, with all matters involving property and interests in property: whether real, personal, or intellectual, and with trusts and commercial contracts. Members of the Chancery Bar advise on and act in international transactions and disputes, and are able to accept instructions direct from overseas lawyers.
It is easy to instruct Chancery barristers. For guidance click here.
Do
the following concern you: International fraud? Spider webs of trusts
and companies? Trans-national estates and succession problems?
Cross-border insolvencies? Offshore tax and pension problems? Complex
shareholder, company and joint venture disputes? Arguments about
property?
Solving problems, advising, appearing in courts, at arbitrations and in mediations in these matters are what members of the Chancery Bar Association excel in. The Chancery Bar Association is the professional association for members of the Chancery Bar and has over 1,000 members.
Chancery barristers traditionally practise
within the area of law dealt with by the Chancery Division of the
English High Court. Historically, the Chancery Division
succeeded the Court of Chancery, which administered "equity" as
opposed to the "common law". Chancery work has, however, grown far
beyond its historical roots. The way in which traditional
equitable doctrines have developed in the modern climate is exemplified
by recent developments in constructive trusts and restitution in the
commercial context. Chancery barristers and judges are notorious for
their attention to detail, skilful drafting, incisive advocacy and
intellectual rigour.
Dickens in Bleak House immortalised the Court of Chancery of the Victorian era. But the fog and delay to which he referred have long since rolled away, and modern Chancery barristers have a huge diversity of skills. They are efficient, technologically able and very approachable - particularly by foreign lawyers who can, of course, instruct them directly without a solicitor as an intermediary.
The core areas of practice of our members are company law, contract, estates (wills and probate), insolvency, intellectual property, partnerships, property law and trusts. These, of course, are the bedrock of most business and financial transactions. Our work therefore includes onshore and offshore trusts; charities; wills, probate and estates; corporate finance and insolvency; shareholder disputes; claims against directors; real property; partnerships and joint ventures; banking, mortgages and guarantees; financial services; hedge funds; CDO transactions and syndications; pensions; tax; intellectual property; media and sports law; civil fraud; money-laundering; injunctions and equitable remedies; and related professional negligence.
As well as appearing in the Chancery Division of the High Court, our members appear in the other Courts within England and Wales, from the County Court to the House of Lords, including the Commercial Court. For further details of the work of the Chancery Bar, click here.
Many of our members regularly advise and appear in courts abroad, particularly in the Commonwealth jurisdictions. In addition to providing specialist advice, assistance, advocacy and drafting services, our members act as arbitrators and mediators and provide expert witness services.
For some notes on how to instruct a barrister click here.
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