Authorised to Conduct Litigation

What "authorised to conduct litigation" means

A barrister, by default, advises on the law and represents clients at hearings. The case file itself — issuing proceedings, filing court documents, corresponding with the prosecution, managing disclosure — is normally run by a solicitor.

The conduct of litigation is a reserved legal activity under the Legal Services Act 2007. The Bar Standards Board operates a separate authorisation, the litigation extension, that adds those case-management functions to a barrister's practising certificate. Astons Law Chambers holds that authorisation.

Without the authorisation, a Direct Access client either instructs a solicitor for the case-management work or acts as a litigant-in-person for that part of the case.

What changes for a Direct Access client

Without the extension, a Direct Access barrister can advise and represent, but a solicitor is still needed for the paperwork side of the case. With the extension, that requirement falls away. The practice can:

1. Issue proceedings on the client's behalf.
2. File and serve court documents.
3. Correspond directly with the court and the prosecution.
4. Handle disclosure.
5. Carry the case from first instruction through to conclusion.

The practical effect is one professional relationship instead of two. One client-care letter. One fee structure. One person who knows the case end-to-end.

How the two routes compare

Most criminal cases reach trial through the traditional model: a solicitor runs the file, a barrister is instructed for advocacy at hearings. With litigation authorisation, both roles can be carried by a single practice.

Whether the single-barrister route is right depends on the case. Suitability is assessed at first instruction.

Why this is unusual at Astons Law Chambers

Most barristers are advocates from the start of their careers. Ghulam Humayun was admitted as a solicitor in 2007 and held the Solicitors Regulation Authority's accreditations for Criminal Litigation and Higher Courts Advocacy (Criminal). He sat on duty solicitor rotas across Maidstone, West Malling, Newham, and Barking, with prosecution experience in the Magistrates' Court before transferring to the Bar. The litigation authorisation at Astons Law Chambers therefore rests on roughly two decades of front-line litigation practice — the procedural work of running cases, not only the advocacy of presenting them.

When a solicitor is still involved

The litigation extension is not a replacement for a solicitor in every situation. Legal aid cases require a solicitor firm that holds a Legal Aid Agency contract; Astons Law Chambers does not hold a contract, so legal aid matters are referred to a partner solicitor firm. Some long-running Crown Court matters — particularly those with extensive witness work or several co-defendants — are also better suited to a solicitor with a wider support team. Suitability is assessed during the first call.

How instruction works

1. An initial call to outline the matter. No fee for the first call.
2. A client-care letter setting out the scope of work, the fee, and VAT.
3. Payment of the agreed fee before work begins.
4. Conduct of the case — filings, correspondence, and representation — through to conclusion.

Frequently asked questions

Is "authorised to conduct litigation" the same thing as being a solicitor?

No. A barrister with the litigation extension can carry out litigation tasks a solicitor would normally do, but is regulated by the Bar Standards Board, not the Solicitors Regulation Authority. The qualification routes and ongoing rules are different.

How do I check the authorisation?

Search the Bar Standards Board Barristers' Register for the practitioner. A barrister authorised to conduct litigation has that fact listed on their Register entry.

Does it cost more to instruct one practice end-to-end?

Usually not. Because one professional carries the case, there is no separate solicitor fee for the same work. The fee structure is set out in writing before instruction.

Can a barrister authorised to conduct litigation handle a Crown Court trial alone?

Yes, where the case suits a single counsel. Larger trials, and cases with several co-defendants, are reviewed at first instruction to confirm whether additional representation is appropriate.

What if my case turns out to be more suited to a solicitor?

Suitability is assessed during the first call and revisited as the case develops. Where a solicitor is the better fit, Astons Law Chambers refers to a partner firm.

Who is authorised to conduct litigation in the UK?

Solicitors, by default. Barristers who hold the Bar Standards Board litigation extension. Chartered Legal Executives with the CILEx litigation right. Self-represented parties acting as litigants-in-person for their own cases.

Can a barrister authorised to conduct litigation send a letter before action?

Yes. The litigation extension covers correspondence on behalf of the client, including formal pre-action letters, applications to the court, and communications with the prosecution.

Verify the authorisation

The Bar Standards Board Barristers' Register is the public regulator's database. Each entry shows the practitioner's authorisations, status, and any disciplinary findings.