Benefit of the Services. 4.1 Unless otherwise agreed in writing, the Barrister’s Services are provided to the Solicitor as the Barrister's client, acting for the benefit of the Lay Client. Subject to the duties of the Barrister and the Solicitor to the court, the Barrister and the Solicitor acknowledge and agree that each owes a primary duty to the Lay Client.
4.2 The Barrister acknowledges the existence of a duty of care owed to the Lay Client at common law, subject to his professional obligations to the Court and under the BSB Handbook.
4.3 Subject to clause 4.4, no one other than the Solicitor and the Barrister has any rights under the Contracts (Rights of Third Parties) Xxx 0000 or otherwise to enforce any provision of the Agreement.
4.4 The Lay Client may enforce the Agreement subject to and in accordance with clause 21 and the provisions of the Contracts (Rights of Third Parties) Xxx 0000.
4.5 The Solicitor and the Barrister must obtain the consent of the Lay Client before they rescind by agreement the Agreement so as to extinguish the Lay Client's rights to enforce the Agreement or alter the Lay Client's entitlement under that right. This requirement applies instead of the circumstances set out in section 2(1)(a) to (c) of the Contracts (Rights of Third Parties) Xxx 0000.
4.6 Clauses 4.4 and 4.5 do not apply if, pursuant to clause 9, payment is to be made on Basis C.
Benefit of the Services. 4.1 Unless otherwise agreed in writing, the Barrister’s Services are provided to the Instructing Party as the Barrister's client, acting on behalf of and/or for the benefit of the Lay Client. Subject to the duties of the Barrister and the Instructing Party to the court, the Barrister and the Instructing Party acknowledge and agree that each owes a primary duty to the Lay Client.
4.2 The Barrister acknowledges the existence of a duty of care owed to the Lay Client at common law, subject to his professional obligations to the Court and under the BSB Handbook, and subject also to the limitation of liability provisions in clause 12.
4.3 Subject to clause 4.4, no one other than the Instructing Party and the Barrister has any rights under the Contracts (Rights of Third Parties) Xxx 0000 or otherwise to enforce any provision of this Agreement.
4.4 The Lay Client may enforce this Agreement subject to and in accordance with clause 20 and the provisions of the Contracts (Rights of Third Parties) Xxx 0000.
4.5 The Instructing Party and the Barrister must obtain the consent of the Lay Client before they rescind by agreement this Agreement so as to extinguish or alter the Lay Client's rights to enforce this Agreement. This requirement applies instead of the circumstances set out in section 2(1)(a) to (c) of the Contracts (Rights of Third Parties) Xxx 0000.
Benefit of the Services. 4.1 Services are provided to the Solicitor as the Barrister's client, acting for the benefit of the Lay Client. Subject to the duties of the Barrister and the Solicitor to the court, the Barrister and the Solicitor acknowledge and agree that each owes a primary duty to the Lay Client.
4.2 The Barrister acknowledges the existence of a duty of care owed to the Lay Client at common law, subject to his professional obligations to the Court and under the BSB Handbook.
4.3 Subject to clause 4.4, no one other than the Solicitor and the Barrister has any rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any provision of the Agreement.
4.4 The Lay Client may enforce the Agreement subject to and in accordance with clause 21 and the provisions of the Contracts (Rights of Third Parties) Act 1999.
4.5 The Solicitor and the Barrister must obtain the consent of the Lay Client before they rescind by agreement the Agreement so as to extinguish the Lay Client's rights to enforce the Agreement or alter the Lay Client's entitlement under that right. This requirement applies instead of the circumstances set out in section 2(1)(a) to (c) of the Contracts (Rights of Third Parties) Act 1999.
4.6 Clauses 4.4 and 4.5 do not apply if, pursuant to clause 9, payment is to be made on Basis C.
5.1 In order to enable the Barrister to supply the Services in a prompt, effective and professional manner, the Solicitor shall co-operate with and assist the Barrister throughout the duration of the Agreement, including through the provision of Instructions that are adequate and in sufficient time to enable the Barrister to supply the Services within the time required by clause 3.4 above.
6.1 The Barrister will be solely responsible for providing the Services under the Agreement. The Barrister may only involve another barrister or other third party in the performance of the Services under the Agreement if the Barrister obtains the Solicitor's prior consent, that consent not to be unreasonably withheld.
Benefit of the Services. 4.1 Unless otherwise agreed in writing, the Barrister’s Services are provided to the Authorised Person as the intermediary, acting for the benefit of the Lay Client. Subject to the duties of the Barrister and the Authorised Person to the court, the Barrister and the Authorised Person acknowledge and agree that each owes a primary duty to the Lay Client.
4.2 The Barrister acknowledges the existence of a duty of care owed to the Lay Client at common law, subject to her professional obligations to the court and under the Code.
4.3 Subject to clause 4.4, no one other than the Authorised Person and the Barrister has any rights under the Contracts (Rights of Third Parties) Xxx 0000 or otherwise to enforce any provision of the Agreement.
4.4 The Lay Client may enforce the Agreement subject to and in accordance with the provisions of the Contracts (Rights of Third Parties) Xxx 0000.
4.5 The Authorised Person and the Barrister must obtain the consent of the Lay Client before they rescind by agreement the Agreement so as to extinguish the Lay Client’s right to enforce the Agreement or alter the Lay Client’s entitlement under that right. This requirement applies instead of the circumstances set out in section 2(1)(a) to (c) of the Contracts (Rights of Third Parties) Xxx 0000.
