Bar Council hails direct access case win in Court of Appeal as “watershed”

A Court of Appeal judgment last week backing borrowers in a claim against their mortgage lenders was a landmark win for direct access, the process that enables members of the public to instruct barristers directly without having to go through solicitors. The Bar Council has hailed the case as a watershed. 

The result in the trial means that hundreds of mortgage borrowers will have nearly three years' worth of unlawfully charged overpayments refunded after a 30-month legal battle fought by Cotswold Barristers, a chambers in Cheltenham that takes only direct access cases.

Mark Smith, head of chambers, said: “I am very happy with the outcome, and happy for the many members of the campaign who have never lost faith in the case.” 

Chantal-Aimée Doerries, QC, chairwoman of the Bar Council, said the case showed that “direct access can be an effective means for resolving disputes. There is no reason why in other appropriate cases representation cannot be on this basis.”

She added: “Direct access continues to grow and now it is easier than ever for the public to find those barristers qualified to do this kind of work.”

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