DMS
Chambers

Direct and Public Access

Duncan is qualified to act for clients directly i.e. without a solicitor.  Most commonly this will be where a solicitor Duncan is often instructed by refers the client directly to him.  Duncan does not conduct litigation and cannot/does not fulfil the role of a solicitor as well as barrister.

I can advise you if you and your former partner cannot agree on the financial matters arising from your separation (whether you have been married or never married). For example, you may not be able to agree on how assets should be divided, whether to sell your home or other assets, maintenance payments, and/or pension sharing.

If you cannot agree, you may be apply to court for example for a financial order under the Matrimonial Causes Act 1973 if you are/were married or under the Trusts of Land and Appointment of Trustees Act 1996 in respect of your family home if you are not married to your former partner. You may need to attend a number of court hearings – I can represent you in these hearings.

There can be advantages to instructing a barrister directly but anyone contemplating this must also understand the responsibilities they will retain when proceeding without a solicitor.  The Bar Standards Board’s document ‘Public Access Guidance for Lay Clients’ answers many of the most important questions. You can download a copy here: https://www.barstandardsboard.org.uk/static/20f0db2a-a40c-4af9-95b1b9557ad748e9/Public-Access-Guidance-for-Lay-Clients.pdf

If you do engage me via the Direct Access scheme, I am the sole owner and employee of Duncan Maxwell-Stewart Ltd (09448536) (an entity regulated by the Bar Standards Board) that is who you are engaging me through to provide the agreed legal services. I hold a current Bar Council practising certificate. Duncan Maxwell-Stewart Ltd has professional indemnity insurance with the Bar Mutual Indemnity Fund.

You can find me on the BSB Barristers’ Register here: www.barstandardsboard.org.uk/for-the-public/search-a-barristers-record/the-barristers-register.html

You can find Duncan Maxwell-Stewart Ltd on the Register of BSB Entities here: www.barstandardsboard.org.uk/for-the-public/search-a-barristers-record/the-entities-register.html

Fees

Please contact me by email at dms@dmschambers.com and I will happily provide a quote for your case.  Ordinarily, my most common pricing model is to provide a fixed fee for a specific piece of work – whether that is to advise in conference or in writing and/or to act for you at court.

For court hearings (whether in the Family Court or County Court and no matter the level of court hearing) I ordinarily charge a fixed fee for the hearing (i.e. preparation and the first day of the hearing) and then a refresher fee for any additional days of a court hearing after day 1.  For conferences and advising in writing and/or for other discrete tasks, I ordinarily charge an hourly rate (which I will provide as part of the quote).  However, in either scenario I will be happy to provide an estimate of the likely hours that will be spent in advance of any booking being confirmed and may be able to consider a capped fee i.e. a fixed number of hours that will be spent on specific tasks.

I will provide you with a quote as soon as possible. I always aim to set out quotes clearly, but if you receive my quote and there is something you do not understand, please do contact me.

Timescales

Timescales for your case may vary depending on factors such as my availability, the nature and complexity of your assets and the case (including the volume of papers and evidence), whether you have children, how much you have already agreed with your former partner, your former partner’s approach to the case, and court waiting times. Written advice on your financial dispute will be available within two to four weeks where possible. As a guide, court hearings for a financial order tend to take six to twelve months. This does not include possible appeals.

Complaints

I hope you will be happy with the professional services I provide. However, if you wish to make a complaint, please let me know and I will provide a copy of my complaints policy which explains how you make a complaint and the process for its resolution.

If you are not satisfied with the way I handle your complaint you may be able to ask the Legal Ombudsman to consider your complaint. The Legal Ombudsman is a free, impartial and independent service set up by the Government to help resolve disputes about legal services.

Normally you must bring a complaint to the Legal Ombudsman within six months of receiving a final response to your complaint from me (provided the response specifically notifies you of your right to complain to the Ombudsman and of the six-month time limit). A complaint to the Legal Ombudsman must also be made not more than one year after the act or omission complained about or not more than one year from the date when you should reasonably have known that there were grounds for complaint.

Further details about how to make a complaint to the Legal Ombudsman, including details of those eligible to bring a complaint and the relevant time limits, can be found on the Legal Ombudsman’ website: www.legalombudsman.org.uk

Fees for specific types of case:

In respect of the financial consequences on divorce for married parties, the Bar Standards Board require barristers to set out on any website additional information on fees where the parties have joint assets which are worth less than £300,000.  Whilst it is mandatory to include this information on the website, it would not be often that Duncan is instructed in a case of this type.

I may charge fixed fees, which means that I will charge you a set amount of money for the work. Below I provide estimates based on the ranges of fixed fees, where the parties have joint assets which are worth less than £300,000. All fees include VAT (where applicable).

If you have a complex case, your fees may be higher than the estimates below.

The above fees are estimates only. For a quotation, please contact me. Please also contact me if you and your former partner have joint assets that are worth more than £300,000.