Barrister won't provide address for service

[heisenberg]

Dear all,

I am trying to send a barrister a letter before claim, but I only know the address of his chambers. I understand that the chambers address is not the correct address, as he is essentially self-employed or a sole trader?

The barrister in question is refusing to provide me with his address for service, and is cynically trying to scupper any claim I have against him.

Any input would be immensely appreciated.

Many thanks.

[echat11]

Have you checked the Law Society's listing for him?

[heisenberg]

Have you checked the Law Society's listing for him?

Yes, no luck there. I've also looked at his Bar Standards Board profile, and that only shows the chambers address. It really does not seem right that barristers can conduct themselves like this.

[echat11]

There will be more responses.

[heisenberg]

There will be more responses.

Hope so.

[atticus]

This should not be an impediment. You can surely arrange for a Claim Form to be served on the barrister in person at his chambers.

Send the letter to him at his chambers. You may find that the reply comes from solicitors engaged by his insurers. They may notify you that they will accept service.

[dslippy]

I do not understand why his practice address is not his address for service.

[heisenberg]

This should not be an impediment. You can surely arrange for a Claim Form to be served on the barrister in person at his chambers.

Send the letter to him at his chambers. You may find that the reply comes from solicitors engaged by his insurers. They may notify you that they will accept service.

Thanks.

Do you mean just drop it off at his chambers?

So I just post the letter before claim to the chambers address? Could he not argue then that the letter before claim has not been served correctly? Does it not need to be the address where he is conducting his business from? It seems this may be a very complicated issue.

[atticus]

Just send it. A mountain is being made out of a molehill.

[heisenberg]

It seems that where no pre-action protocol applies (https://www.justice.gov.uk/courts/pr...action_conduct), this means that I simply need to put the proposed claim in writing, whilst only taking reasonable and proportionate steps to comply. On the face of it, there is no compelling reason why the chambers address will not suffice. Of course, service of the claim form is a different issue.

[heisenberg]

Just send it. A mountain is being made out of a molehill.

Okay, I'll post the letter before claim to the chambers address, and wait and see if he gives me any grief.

[atticus]

NB there is a pre-action protocol for professional negligence claims, if that is the nature of your claim.

https://www.justice.gov.uk/courts/pr...tocol/prot_neg

[heisenberg]

NB there is a pre-action protocol for professional negligence claims, if that is the nature of your claim.

https://www.justice.gov.uk/courts/pr...tocol/prot_neg

Thanks, intend to use that too.

I've used the protocol where no pre-action protocol applies in respect to matters not relating to negligence, and given him two weeks to respond. I sent the letter to the chambers address. The letter was sent two weeks ago, and I've not had any sign of a response whatsoever, so it looks like the barrister in question may try and argue that the respective letter before claim has not been served correctly, whilst cynically hiding.

I understand that a tracing agent is commonly used in situations like this, such as this one:

https://www.findukpeople.com/

That presents obvious problems, though, such as the fact that that costs money (something which is in scarce supply when you are surviving on state benefits in the middle of a cost of living crisis), and they may supply the wrong address, if any at all.

[heisenberg]

I recently received a curt e-mail response from the barrister in question. He cynically glossed over the issues, and gave me his chambers address for service, but does that not require personal service?

I think I also need his home address for the purposes of the claim form, and if enforcement is needed?

[atticus]

Does CPR 6.8 help?

https://www.justice.gov.uk/courts/pr...les/part06#6.8