Fixed Term Tenancies
Status
Whilst not a Member of Chambers as defined by the Articles of Association, Fixed Term Tenants ("FTTs") will enjoy the same status as other tenants. As such, allocation of room space, for example, will be the same as for any other tenants of similar call.
Work
We currently have to return briefs for some small claims and fast track trials. Consequently, FTTs can expect to be provided with work from the beginning of their tenancy. Should a FTT attract work directly through the quality of their performance for clients then we would welcome such efforts to build a self supporting practice. It is only fair to say that if a FTT brings clients who wish to instruct counsel to appear in non-civil matters, we do not have the facility to clerk such matters.
FTTs could appear in court every day if that is what they wish to do. Our expectation is that FTTs will be in court virtually every day but may need to keep some days free in order to deal with paperwork etc.
The majority of cases will involve claims arising from road traffic accidents. Most of these will involve personal injury. Some will also, or alternatively, entail disputes concerning credit hire, accident damage only and / or suspected fraud.
We cover the entirety of England and Wales. So, together with other Tenants, FTT’s can expect to travel to various parts of the country on behalf of clients.
At the end of the tenancy, the FTT can expect to have gained a considerable amount of advocacy experience in the civil courts. This may include employment tribunals for the right candidate.
Fees
FTTs will receive the fees that they earn subject to a percentage reduction for clerking. Fees received after the end of the term will be collected as for any other tenant who has left Chambers.
We will give consideration to providing an advance against expected fees in the first 3 months of a tenancy in appropriate cases.
Where we have agreed specific fee arrangements with a client for a volume of work, FTT’s will be expected to abide by such arrangements.
Duration
Tenancies are offered for a period of 12 months. Where both parties agree, the tenancy may be extended by a further period of 12 months. At the end of 24 months the FTT must leave Chambers unless an offer of a life long tenancy has been made and accepted (see "Not "with a view"" below.)
Notice period
Either party may give the other 3 months’ notice of their wish to end the fixed term tenancy. We accept that some FTTs may wish to look at alternative positions during their tenancy and as such should have the entitlement to leave earlier than the end of the fixed term.
Similarly, we are entitled to consider our reputation and our client relationships. If a FTT proved to be unsuitable, we think it is preferable to give the FTT 3 months’ notice than to allow that person to remain in Chambers for the rest of the term but not to allocate any work to them.
Not "with a view"
We take on 3rd 6 pupils and probationary tenants from time to time. We do so "with a view" to taking them on as Tenants at the end of the 6 months / probationary period.
A FTT’s position is not the same as for a 3rd 6 pupil or probationary tenant. It is akin to an ordinary pupil in that there is no presumption that a Tenancy will be offered at the end of the fixed term / pupillage. However, offers may be made by the Head of Chambers to suitable candidates.
Holidays
FTTs are independent practitioners in the same way as other tenants. As such it is a matter for the FTT how much holiday they wish to take during the 12 month period. However, since the purpose of offering these tenancies is to provide capacity to our clients, our expectation is that FTT’s will keep their holiday commitments to 4 – 6 weeks during the 12 months of the tenancy.
Training
We will provide training to FTT’s on any areas with which they may be unfamiliar at the beginning of the tenancy.
Number of FTTs
We believe that we will need at least 4 FTTs initially. Such tenants will commence in October or as soon thereafter is practicable. Further FTTs may be taken on subsequently if the work coming in to Chambers supports such a decision.
Further information
Candidates’ questions will generally be answered at interview rather than in correspondence. However, emails setting out specific questions will be responded to if possible and if the subject of the question is not expected to be covered at the interview. Any such emails should be addressed to Jason Rowley using the email address rowley@12kbw.co.uk