“Whether counsel are prepared to agree such an agreement is a market issue.
This comes back to the point raised above – if solicitors say “Well these ring fenced fees are good – I think I will instruct a specialist lawyer in my own firm and have the advocacy done in my own firm unless counsel will do it for a lower fee”, then the Bar has a problem.
Success fees for the Bar
As I understand it, the general position now that success fees are not recoverable from the losing party is that counsel are often instructed on a No Win No Fee basis but do not get a success fee in the event of winning.
It is not for me to comment on the rights and wrongs of that – again it is a question of market forces.”