Fraser Barnstaple#14335

Fraser Barnstaple

I am a barrister specialising exclusively in costs and litigation funding. 
 
My practice spans the full spectrum of Costs and Litigation Funding to include advice, drafting and advocacy in respect of all inter-partes costs disputes and solicitor-client disputes.
 
I have been instructed in a number of multimillion-pound costs claims, have appeared in the Court of Appeal and have built up a considerable and impressive level experience of detailed assessments (in the SCCO and the County Court), fixed costs determinations, CCMCs/CMCs, hearings involving the assessment of costs deductions from protected party’s damages, hearings in respect of solicitor-client disputes and a range of application hearings involving wasted costs, expert/agency fees, fixed costs challenges, relief from sanctions, QOCS and the setting aside of Default Costs Certificates.
 
Additionally, I have a busy paper work practice, and am regularly instructed to drafts costs pleadings, which include Points of Dispute and Replies, pleadings, advices, skeleton arguments and witness statements.
 
Prior to beginning my career at the Bar, I worked for over two years as a Senior Underwriter in the ATE legal expenses insurance and litigation funding industry. I remain a member of the Chartered Insurance Institute, having obtained a Level 3 Certificate in Insurance (CII) qualification in August 2024 and therefore am well positioned to deal with matters which straddle an insurance and litigation funding crossover.
Contributed to

6

Fixed costs—a guide for dispute resolution practitioners
Fixed costs—a guide for dispute resolution practitioners
Practice Notes

This Practice Note provides information on what fixed costs are, the types and value of cases that come within fixed costs and cases that are excluded. It provides information on the rules applicable to fixed costs cases and gives working examples on how to calculate fixed costs. It also provides guidance on practical issues and points for consideration.

Fixed costs—disbursements (position on or after 1 October 2023)
Fixed costs—disbursements (position on or after 1 October 2023)
Practice Notes

This Practice Notes provides guidance on disbursements for civil cases, valued at no more than £100,000, that come within the extended fixed costs regime on or after 1 October 2023. It provides information on the disbursements which are recoverable for fast track cases and intermediate cases and the relevant provisions under CPR 45, Section IX.

Fixed costs—fast track (position on or after 1 October 2023)
Fixed costs—fast track (position on or after 1 October 2023)
Practice Notes

This Practice Note considers the fixed costs regime for civil cases that are allocated to the fast track. It provides information on CPR PD 45, Table 12 in respect of the applicable fixed costs for fast track cases, which depends on complexity band assignment and the stage in which settlement is reached or whether the case proceeds to trial. It also considers the meaning of damages under CPR PD 45, Table 12 (fixed costs for fast track cases) and provides guidance on specialist legal advice and preliminary issues or separate trials. Guidance is also provided on potential points for practitioners to consider.

Fixed costs—intermediate track (position on or after 1 October 2023)
Fixed costs—intermediate track (position on or after 1 October 2023)
Practice Notes

This Practice Note considers the fixed costs regime for civil cases that are allocated to the intermediate track. It provides information on CPR PD 45, Table 14 in respect of the applicable fixed costs for intermediate track cases, which depends on complexity band assignment and the stage in which settlement is reached or whether the case proceeds to trial. It also considers pre-issue costs, the costs of specialist legal advice and alternative dispute resolution (ADR) costs. Guidance is also provided on potential points for practitioners to consider.

Fixed costs—position on or after 1 October 2023
Fixed costs—position on or after 1 October 2023
Practice Notes

This Practice Note considers the fixed costs regime which applies to most civil claims with a value of no more than £100,000 that are issued on or after 1 October 2023 (except personal injury cases as the extended fixed costs regime applies where the cause of action accrued on or after 1 October 2023 and disease cases as the fixed costs regime applies where the letter of claim was sent to the defendant on or after 1 October 2023). This Practice Note provides guidance on the general provisions under CPR 45, Section I and explains the purpose of the fixed costs regime, the different categories of claims to which it applies and the applicable fixed costs.

Mazur—practical implications for dispute resolution practitioners
Mazur—practical implications for dispute resolution practitioners
Practice Notes

The background to the Court of Appeal decision in Mazur v Charles Russell Speechlys (2026) is set out below along with key questions and answers arising from this decision. Consideration is also given to the potential implications of this decision from a costs recovery perspective.BackgroundCharles Russell Speechlys LLP instructed Goldsmith Bowers Solicitors (GBS) to recover unpaid fees from Mrs Mazur. The litigation was handled almost entirely by Mr Middleton, ‘Head of Commercial Litigation’ at GBS. He was employed by a regulated firm but did not hold a current practising certificate. He was unqualified, yet carried out many if not all of the salient steps in the litigation. Mrs Mazur applied for his replacement with a qualified solicitor.A solicitor at GBS filed a witness statement confirming that all of Mr Middleton’s work had been done under his supervision. HHJ Simpkiss, hearing the application, held that Mr Middleton was permitted to conduct litigation under that supervision. The decision was appealed.Sheldon J overturned HHJ Simpkiss’s decision and analysed the effect of

Experience

  • Temple Legal Protection (2022 - 2024)

Membership

  • Association of Costs Lawyers, Associate Member
  • Personal Injury Bar Association
  • Chartered Insurance Institute
  • The Honourable Society of Lincoln’s Inn

Qualifications

  • Law LLB, 1st Class (2021)
  • LLM Laws, Merit (2022)
  • Bar Vocational Studies, Distinction (2024)
  • Certificate in Insurance (CII, Level 3) (2024)

Education

  • University of Leicester (2018-2021)
  • University College London (2021-2022)
  • City, University of London (2022-2024)

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