Financial Support Fund

South Eastern Circuit Financial Support Fund · Rules

1. The South Eastern Circuit (the “Circuit”) has decided to set-up the Fund from which it will be able to make grants to members of the Circuit to alleviate cases of genuine financial hardship. This document (as may be amended from time to time) sets out the Rules applicable to the Fund.
2. The Fund will be open to any Member of the Circuit, including a pupil, who is: (a) authorised by the Bar Council to practice as a barrister; (b) up to date in the payment of their subscriptions to the Circuit (insofar as they are obliged to pay the same); and (c) currently in practice as a barrister from Chambers predominantly on the Circuit; and who is: (d) suffering genuine financial hardship; and (e) not in receipt of any previous award from the Fund or the hardship fund or equivalent of any other circuit, save that there shall be a discretion on the part of the Panel considering the Application to waive this condition (together, the “Conditions”).
3. It is not possible to define in advance what constitutes “genuine financial hardship” save that the Fund is not a fee replacement fund.
4. The maximum award that can be made from the Fund is £1,500.
5. Funds to make the awards are necessarily limited and members are requested to act reasonably in considering whether or not they satisfy Condition (b) and ought to make an application. The expectation is that applicants will have considered other viable means of financial support prior to submitting an application for an award from the Fund.
6. A member who wishes to make an application shall complete the attached application form (the “Application”) and submit the same via e-mail to the Circuit Administrator to the email: leader@southeasterncircuit.com. The e-mail subject-heading should be “Private – Financial Support Fund Application”. A pupil or member making the Application is hereafter referred to as the “Applicant”.
7. In making the Application, the Applicant is required to comply with the relevant duties imposed on them by the Bar Standards Board.
8. By making the Application the Applicant agrees to these Rules and any other Rules that are made from time to time.
9. The Application will be considered by a panel (the “Panel”) consisting of the Leader, the Treasurer and either the Recorder or the Junior of the Circuit (the “Panel Members”).
10. All Panel Members must have completed Equality and Diversity training.
11. In considering any Application the Panel shall not unlawfully discriminate against any person.
12. All Panel Members will maintain absolute confidentiality over all matters learned from reading application forms, accompanying documentation and attending meetings as required to administer the Fund or from discussing Applications when convened as a panel and/or otherwise.
13. The Panel shall decide which Applications should be declined and which should be granted an award (the “Award”), and the amount of any such award.
14. The Panel shall have an absolute unfettered discretion in making or declining to make an Award.
15. A decision under Paragraph 13 is final and binding on the Applicant and the Circuit but shall not preclude a further Application by the Applicant if his/her financial hardship were to change.
16. In making or declining to make an Award, the Panel may, but is not obliged to, provide reasons for their decision.
17. There shall be no appeals from the decision of the Panel.
18. The Panel shall, subject to direction from time to time by the South Eastern Circuit Executive Committee (the “Committee”), decide on its own procedures.
19. The present directions to the Panel are the following:
20. If a Panel Member has any material connection with the Applicant, then he/she shall declare that connection to the remaining Panel Members and unless the Leader decides to the contrary, the declaring Panel Member shall not be prevented from being involved in the Panel’s consideration of and decision on the Application.
21. If the Leader has any material connection with the Applicant the Leader, having declared it, shall not be prevented from being involved in the Panel’s consideration unless the Treasurer and Recorder decide to the contrary.
22. The Panel shall be free, at its discretion, to set specific dates in each year when Applications can be made and/or Awards will be considered.
23. If the Panel decides to make an Award, then it may make the Award subject to such conditions as it deems appropriate.
24. At the start of each Financial Year the Treasurer and Leader shall consider and decide on what (if any) amount it will allocate to the Fund, such decision to be approved by the Committee. There is no obligation to allocate any amount to the Fund.
25. In considering and deciding on what (if any) amount to allocate to the Fund, the Treasurer and Leader may have regard to (among other things) the present and future financial position of the Circuit, the present amount of the Fund, the present and future actual/potential calls on the Fund, the purpose of the Fund, any known factors that could impact on demand being made on the Fund and the proper stewardship of the Circuit’s finances.
26. The decision on the Application shall be communicated in writing by the Leader of the Circuit (on behalf of the Panel) to the Applicant.
27. In the event that an Award is to be made, then the same shall be paid by the Circuit into the Applicant’s present bank account, the details of which are held by the Circuit for the purposes of paying Circuit Subscriptions. If, for any reason, no such details are held, then the Applicant shall be asked to provide the details for a bank account in their name.
28. In the event that an Award is to be made subject to conditions then the Award shall not be paid to the Applicant unless and until the Applicant has confirmed in writing that they accept the conditions.

Annexures to the Rules — the Application Form and the Committee Resolution approving the Fund — are available from the Circuit Administrator.