ChBA Guidance on the COMBAR/COLLS terms with suggested amendments
New Guidance relating to the Combar/COLLS Basis B terms is available here. There are a number of issues with the use of those terms that you should be aware of. Combar are currently in negotiation with COLLS to try to agree a revised version of the general terms and conditions, but that process is not expected to conclude within a short time, and it is not known what the outcome will be.
In the meantime, we have formulated some suggested amendments to the Combar Basis B terms here, which will improve (though not remove) some of the risks and problems that the Guidance describes. These suggested amendments should not be taken as an indication that the Chancery Bar Association recommends the use of Combar Basis B terms (as so amended) in any particular case. Whether or not those terms, or any other terms, are suitable is a matter that must be considered on a case-specific basis, and by way of negotiation with those instructing you.