Del Canto Chambers – Terms & conditions

Mr Leon Fernando Del Canto is the Head of Del Canto Chambers, he is a self-employed practising Barrister in England and Wales regulated by the Bar Standard Board and Spanish Abogado in the Colegio de Abogados de Madrid and Baleares. 

Rights of Audience and Reserved Legal Activities

The Barristers working in Del Canto Chambers have got full rights of audience. We share our offices in London with other international lawyers, practising as Registered European Lawyers in transition to be transferred to the Bar and also regulated by the Bar Standards Board. In addition to that, we work with other international lawyers and regulated professionals in their home countries, all of whom are required to maintain a current practising certificate, or equivalent licence, in accordance with their laws and regulations and they will make it clear in their engagement terms. 

See full details for the members of our Team: https://delcantochambers.com/our-team/ 

Areas of Practice

Del Canto Chambers main areas of practice in the UK include, but are not limited to:

• Tax Chancery Non-Contentious
• International Tax Law
• International Private and Commercial Law
• Charity Law

Direct Access Scheme

Lay Clients and Solicitors can also instruct our Direct Access Barristers through our website section here. Lay Clients and members of the public can also find our Barristers with Direct Access through the direct access portal for Direct Access Barristers.

For more information and details please access the Bar Standard Board Public Access Public Guidance for Lay Clients: https://www.barstandardsboard.org.uk/uploads/assets/20f0db2a-a40c-4af9-95b1b9557ad748e9/Public-Access-Guidance-for-Lay-Clients.pdf 

Pro-Bono Work and Legal Aid

Del Canto Chambers supports and devotes time to provide legal services through Pro Bono work for the public. In the legal context, this means the provision of free of charge legal services to individuals, charities and community groups who cannot afford to pay for that advice or representation, and where public means of funding are not available. Should you require more information, please contact the Bar Council.

Legal aid is dependent on your financial position, the area of law for which you require assistance, and the strength of your case. As the legal aid system is complicated and constantly changing you should always speak to an advisor first. Clients should understand that Del Canto Chambers cannot provide legal aid work unless previously instructed by a Solicitor. For more information on legal aid contact: www.lawsociety.org.uk/legalaid or www.gov.uk/legal-aid, and telephones 0845 345 4345. 

Chambers Management and non regulated work

The chambers are managed by the company Del Canto Chambers Ltd, a Limited Registered Company in England and Wales providing management and clerking services and non regulated consulting services. Should you require further information on this company please visit https://beta.companieshouse.gov.uk/company/10374835. 

Please read our Privacy Policy and Terms & Conditions to understand the way we are providing our services.

Fees Policy

We are Passionate about service quality and strive to respond to all enquiries within 24 hours. Solicitors, Licensed Access and Lay Clients can contact us in accordance with the Bar Standards Board and obtain a quotation for the legal services we can provide. 

Please review our section on Feedback and Complaints Procedure to understand chambers’ accountability in this respect.

We advocate for a clear price policy reflecting the value of our professional services. Our fees policy is set out in accordance with the nature of the work or services we provide.

Fees Structure

Our Client Care Letter outlines a clear structure on fees that can be charged on a “Fixed Fee” or “Hourly Fees” depending on the terms agreed. Please note that services provided outside the UK will be regulated by the country legal regulatory body. For example, if services are provided regarding Spanish tax or legal matters, the services will be regulated by the Spanish Colegio de Abogados. We’ll make it clear in our Client Care Letter.

Please note that VAT, if applicable, is payable on our fees and this is chargeable at the rate when the bills are raised. Disbursements and other costs will be charged separately, if applicable.

1. Fixed Fee

This is a quote that will be provided based on the work that has to be done in total, how much this will cost you, and the overall amount that you will need to pay for the work that needs to be done. 

We try to accommodate fixed fees arrangements as much as possible, based on an estimate of hours of work that we will need to dedicate to your files. There are certain services and work, which Del Canto Chambers is competent to undertake, that cannot be covered by fixed fees agreements due to their extraordinary nature and complexity. 

Therefore, any other matter outside the scope of services specifically included in our Client Care Letter, and unless agreed otherwise, will be invoiced separately from hourly fees in accordance with our terms and conditions. Please see a partial list of some of the matters to be considered in this paragraph:

• Arbitration and Mediation dispute resolution services.
• Tax  and legal advisory services, and in particular review of previous years legal issues and procedures, accounting or tax matters, tax inspections, communications in writing and discussions of any sort with the HMRC.
• Non-Contentious employment disputes and shareholder dispute agreements.
• Preparation of Personal Income Tax returns and other matters of an extraordinary nature (such as corporate reorganisations, due diligence, mergers and companies divisions, Industrial Property, tax planning, increase of capitals, international tax advice and any other legal advice or legal representation outside our engagement letter scope of services.

b) Hourly Fees and Rates

It is the value you receive, and not the time we spend, that really matters. For us, providing our services accurately and effectively is paramount. Please be aware that additional fees may be charged if the work carried out goes beyond the agreed scope of work. This will be invoiced according to time spent and agreed with the client. 

Our Hourly rates are based upon seniority, qualification and expertise and these are between £150 to £500 plus VAT per hour. Please, contact us to ask for a quotation before engaging our services. 

Del Canto Chambers is one of the few tax chambers able to offer legal advice and representation on tax matters both domestically, as well as, internationally due to our dual qualified lawyers. The seniority of our international professionals is determined by qualifications and expertise and further details of their qualification and practising certificates can be obtained from our chambers clerk: 

• International Tax & Legal Senior Counsel: A qualified tax lawyer holding a practising certificate in accordance with the Bar Standards Board regulations. Senior Counsel has got more than 10 years of professional UK experience (PQE) and fully qualified in at least another jurisdiction.
• International Tax & Legal Counsel: A qualified tax lawyer holding a practising certificate in the UK, with more than 5  years of professional experience (PQE) and fully qualified in another jurisdiction.
• Registered International Lawyer: A lawyer qualified to practise with a home title in the UK in compliance with UK Regulations.
• Senior Lawyers: A lawyer qualified to practice in his or her domestic jurisdiction with more than 5 years of professional experience (PQE). Under 5 years experience we’ll use the title lawyer.
• Tax & Legal Consultants: Qualified tax & legal assistants working under the supervision of a Lawyer and supporting other professionals by doing organisational, library, research and other paralegal activities.

c) Conditional Fee Agreements (CFAs)

• A CFA is often referred to as a “no win, no fee” arrangement. Extraordinarily, professional services may be carried out based on a “no win, no fee” case success. Prior to taking this work on CFA, we are entitled to charge an administrative fee in advance, and a percentage based on the merits of the case.

Payment of Fees

• Barristers, contrary to Solicitors, are not allowed to hold client’s money. So, when instructed through public & licensed access, you will be required to contact our Clerk in Chambers. There are some specific rules that apply when, as a Barrister, the lawyer acts on a public & licensed access basis. These rules entrust the lawyer to consider whether solicitors should also be instructed.
• Payments of Fees are always payable in advance, and we are entitled not to start or deliver any work until fees have been fully settled. 
• Del Canto Chambers reserves the right to apply a 5% late payment charge, plus interest at the statutory rate. In the case of a dispute regarding our professional fees, these will be calculated on the basis of time spent.

We aim to provide you with as much information as we can with regards to our Fees Policy, but you are duly advised and encouraged to visit the Bar Standards Board in order to fully understand how Barristers set their fees.

The Bar Standards Board (BSB) requires Direct Access Barristers to comply with further transparency with regards to fees and in addition to the above where relevant Direct Access work is concerned where the BSB have introduced mandatory rules on price, service and client redress, these rules can be reached from this link: BSB’s price transparency policy statement. Direct Access Clients are able to access the BSB public access guidance by clicking on this link: Public Access Guidance for Lay Clients.

The relevant Public Access services are:

1. Employment Tribunal cases (advice and representation for employers and employees);
2. Financial disputes arising out of divorce;
3. Immigration appeals (First-tier Tribunal);
4. Inheritance Act advices;
5. Licensing applications in relation to business premises;
6. Personal injury claims;
7. Summary only motoring offences (advice and representation for defendants); and
8. Winding-up petitions.

If you require any further information regarding any aspect of our fees, including obtaining a fee quotation, please contact our clerks either by phone on +44 207 043 0648 or by email using clerk@delcantochambers.com. 

Acceptance of instructions

• There are circumstances when we may not be able to accept instructions and act in a particular matter for you. As a barrister, we must follow the Code of Conduct. That Code of Conduct also requires considering whether a Solicitor needs to be instructed in your own interests. If there comes a point at which we consider you need a Solicitor, we will no longer be able to act for you without the involvement of a Solicitor. If we foresee that situation arising, we will give you as much notice as possible.
• For compliance purposes, we are entitled to conduct a due diligence check in order to confirm the veracity of the information provided by clients. Therefore, we are obliged to conduct KyC checks and AML checks prior to accepting a case. For more information, please see our Due Diligence, Compliance and AML section below.

Timescale of a case

• Clients should be advised of the factors that might influence the timescale of a case, in order to manage their expectations. Clients should consider:
  • Our availability: As a general rule, we should respond to your enquiries within 24 hours, but sometimes depending on the complexity of the case responses can be delayed. In these circumstances, we should let you know about the reasons for your case being delayed
  • The availability of the client or relevant third parties: We always try our best to accommodate our meetings with clients and third parties involved in a particular case in our Chambers. These meetings are always pre-agreed with the client and subject to professional availability and bookings. Due to Health & Safety Reasons or the need to accelerate the process, meetings can be conducted virtually through videoconference or by phone. Our Chambers are open Monday to Friday from 9:00 am to 3:00 pm, public holidays excluded.

• Amount of documents that are about to be reviewed: Some cases may involve reviewing more documents than others, and this can affect the timescale of a case. To this effect, in these circumstances we should make you aware of the timing to review these documents as a Client and, in case of a delay, what can be expected. Documents can be exchanged by email and post, and DX is welcomed in our Offices. 
• The need for additional information or documents: We are entitled to request more information to clients in connection with their cases. This includes the request of personal information that is treated as confidential, as its disclosure is based on the terms required by law. Please see our data protection section below.
• Court waiting times: Courts are bound to certain procedures that may delay the processing of your case. In the course of a case, we might have to wait for a Court Decision in order to render a Counsel Opinion that is connected to your particular case.

Confidentiality and Data Protection

• The information in any report, memorandum, document or contract model provided by Del Canto Chambers is classified as private and confidential and it is intended solely and exclusively for the attention and use of the recipient addressed in each particular matter. Therefore, any contents or recommendations provided by Del Canto Chambers and authorised staff during the course of this engagement will be legally privileged and constitute the intellectual property of Del Canto Chambers. Any dissemination, distribution, publication or copy of these materials is prohibited without written consent of Del Canto Chambers.
• You also are advised that, in our role in providing advice and to preserve the quality of our services, questions and complaints afterwards, we should maintain records of:
  • Initial contact and notes with the client;
  • The details of the work we have been asked to do;
  • The dates of conferences and notes of advice given;
  • Records of telephone conversations and advice given;
  • Significant changes of instructions; and
  • Hearings attended and advice given.
• These records should be retained for at least seven years.

• Del Canto Chambers has taken the necessary steps to guarantee the security of this data. The data collected from instructing clients will be retained in a file for internal use and presentation of principal and complementary services, such as sending information and publications related to the subject of these Terms & Conditions. 
• Del Canto Chambers Ltd is the data controller and this company runs our website www.delcantochambers.com. We are registered in ‘The Information and Commissioner’s Office ICO’. For further information please contact.
• Any person is entitled to exercise the rights of access, rectification, cancellation and opposition regulated by Law. Please check our Privacy Policy, addressing the direction outlined in the heading of these terms & conditions. Should you need further information, please do not hesitate to contact our data protection officer at clerk@delcantochambers.com. 

Law and Jurisdiction

• English Law will rule over any dispute regarding our professional relationship. It is expressly stated that any engagement letter is provided under English Law or English Jurisdiction in accordance with the rules of the Bar Council of England and Wales (https://www.barcouncil.org.uk/).

Due Diligence, Compliance and Prevention of Money Laundering

• Money Laundering is the participation in any transaction that seeks to conceal or disguise the nature or origin of funds derived from illegal activities. All International Banks, Financial Institutions, Auditors and Law Firms are now required to comply with the ‘Know your Customer’ (KYC) regulations as the most effective means of preventing the use of the financial and legal system for money laundering. 
• Self-Employed Barristers in practice Under Regulation 18 of the Money Laundering and Terrorist Financing Regulations must take appropriate steps to identify and assess the risks of money laundering and terrorist financing to which the practice or business is subject. For further information on the steps we have to carry out, please check here. 
• We are also obliged as a legal service provider to identify who is the Ultimate Beneficial Owner (UBO) of a legal person, corporate, trusts or analogue structures that have the control of those structures, and the obligation to perform due diligence to identify those persons that wish to enter in business with us or the companies under our management.
• Due diligence checks and AML are carried out prior to accepting instructions from clients and the Proceeds of Crime Act 2002 requires us to report suspicious transactions.
• KYC rules require having a comprehensive file of our clients, identifying and verifying the information received, properly documenting all transactions and ultimate beneficiaries of identified corporate structures.

Right to Cancel and Termination of Instructions

• You have the right to cancel our Instructions within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which the contract is entered into. For example, you may decide you cannot give us clear or proper instructions on how to proceed, or you may lose confidence in our work.
• To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail to the contact details provided on our letterhead.). You may use the attached model cancellation form, but this is not obligatory.
• To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
• Either way, we reserve the right to stop acting on your behalf due to any professional reason or conflict of interest and, if practicable, on giving you reasonable notice of such intention.  Our charges will remain due as outlined above or as stated in any separate correspondence, whoever decides to terminate this contract.

Effects of cancellation

• If you cancel our Client Care Letter, we will reimburse the payments received from you. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we were informed about your decision to cancel this engagement. 
• We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
• If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated your cancellation from this contract, in comparison with the full coverage of the contract.

Feedback and Complaints Procedure

Feedback:

• We welcome feedback on all aspects of our service (both Counsel and Clerking). Positive feedback is always nice but should you (or our client) be dissatisfied with our service and need to raise a concern or make a complaint, you should first refer the matter to us by calling our clerking team anytime to (+44 020 7043 0648) or by email to clerk@delcantochambers.com. It is our aim, upon receipt of feedback, concern or a complaint to deal with it quickly and efficiently.

Formal Complaints Procedure:

• In the event that we fail to meet your expectations, we would like to hear from you. Should you raise a complaint with us, you must follow this procedure:
• You can raise a complaint in writing:
  • By email to clerk@delcantochambers.com; or 
  • By letter at our main office, as follows:
    • UK Office – London, Thanet House, 231-232 Strand, WC2R 1DA,  addressed to our Head of Chambers, Mr Leon Fernando Del Canto who will contact you initially to confirm what attempts have been made to deal with your complaint and the outcome of this process. Having confirmed that the matter was unsuccessfully resolved informally the formal complaint will be entered into the formal complaints procedure.
• We should acknowledge receipt of your complaint within 24 hours of this having been received in our email system or physically received in our office. 
• At the time of being received, we will provide you with an estimated time or date by which we will hope to be able to fully respond to your formal complaint. 
• If your complaint is escalated or this needs to be investigated at a later stage, we must let you know the timescale your complaint takes to be resolved and the authorised person who reviews your complaint. Your formal complaint will be fully investigated, considered and appropriately dealt with by the complaints manager who is Leon Fernando Del Canto. In any case, we shall attempt where possible to have provided a full response to any formal complaint within 28 days of it being communicated to us.

• Any data collected during the complaint investigation will be handled with the utmost confidentiality and disclosed internally for the purposes of investigating the complaint, internal review and improving our quality services to comply with our regulator’s rules and requirements.
• We retain documents and records relating to every aspect of the services we have provided. Our internal systems and case management software provides a real-time audit trail of actions and communications. We will ensure all documents and data relating to any complaint are kept confidential and only disclosed so far as is necessary for: 

• the investigation and resolution of the complaint.
• internal review for the purposes of improving our practice. 
• complying with requests from the Bar Standards Board in the exercise of its monitoring and or auditing functions.
• The disclosure of internal documents relating to the handling of the complaint, such as the minutes of a meeting held to discuss a particular complaint to the Bar Standards Board for the further resolution or investigation of the complaint, is not a requirement.

• A record will be kept of each complaint, all steps taken in response to it and the outcome of the complaint, together with a copy of all correspondence, including electronic mail, and all other documents generated in response to the complaint. For further information, please click here https://delcantochambers.com/customer-services-policy/. 
• These documents shall be kept for a minimum period of 6 years following the conclusion of each complaint process.

Complaint to the Legal Ombudsman

• We hope that you are happy with the professional services provided and we find a solution to your complaint but if you are dissatisfied with the service, and we fail to deal with your complaint and satisfaction, you can contact the Legal Ombudsman (LeO) directly.
• The Legal Ombudsman (LeO) is a free, impartial and independent service set up by the Government which deals with complaints about the service you have received.
• The Legal Ombudsman’s details are as follows:
  • Legal Ombudsman
  • PO Box 6806
  • Wolverhampton
  • WV1 9WJ
  • Tel: 0300 555 0333
  • Email: enquiries@legalombudsman.org.uk
  • Web: www.legalombudsman.org.uk
  • Weblink: Data centre | Legal Ombudsman

Time Limits to complain to the Legal Ombudsman

• Please note that you must complain to the Ombudsman within six months of receiving a final response to your complaint from the relevant expert or from the Chambers (provided the response specifically notifies you or your right to complain to the Ombudsman and of the six-month time limit).
• A complaint to the Ombudsman must also be made before the end of six years after the relevant act or omission, or three years from the date that you should reasonably have known there were grounds for complaint (if the act / omission took place before the 6 October 2010 or was more than six years ago).

For further details about how to make a complaint to the Legal Ombudsman, including guidance about the new scheme rules that came into effect on 1 February 2013:

• A complete guide to the new scheme rules that came into effect on 1 February 2013 can be found on the Legal Ombudsman’s website at:

https://www.legalombudsman.org.uk/information-centre/corporate-publications/scheme-rules/

• Frequently Asked Questions concerning the new Legal Ombudsman and how this Organisation resolves complaints can be found on the website:

https://www.legalombudsman.org.uk/helping-legal-service-providers/#how-we-resolve-complaints

• Frequently Asked Questions concerning the new Legal Ombudsman can also be found in its website:

https://www.legalombudsman.org.uk/information-centre/faqs/

• For more information and guidance on how Barristers should handle complaints, please check the Bar Standard Board:

https://www.barstandardsboard.org.uk/uploads/assets/f16949ff-03d1-45aa-be50181f2bb9166c/First-Tier-Complaints-Handling.pdf

Registration at the Bar Standard Board

• All our Barristers are regulated by the Bar Standard Board and hold an authorised practising certificate. You can find our Barristers records’ in https://www.barstandardsboard.org.uk/for-the-public/search-a-barristers-record/the-barristers-register.html.
• Should are concerned about any of our Barristers, you may also report to the Bar Standard Board:  https://www.barstandardsboard.org.uk/for-the-public/reporting-concerns.html