Newsletter – September 2024

Spotlight on… making pro bono costs count

For many, facing a legal battle without the means to hire a lawyer is a reality. Two thirds of the UK population do not know how to get legal advice. Everyday countless individuals face legal challenges related to housing, employment, immigration and more, and find themselves without legal representation and unable to advocate effectively for their rights. Pro bono costs orders are a powerful tool that can help to transform this landscape.

Solicitors and barristers working on a pro bono basis can maximise their impact by applying for a pro bono costs order in a civil court or tribunal or including pro bono costs in a settlement agreement. And Costs Lawyers have an important role in helping to achieve this outcome.

How does this work?

Pro bono costs orders are court orders that require the losing party to pay costs to the Access to Justice Foundation (ATJF) when the winning party has received free legal representation. The funds are used by ATJF to support organisations that provide free legal services to those in need. This mechanism fuels a cycle of support for ongoing pro bono work – ultimately helping to provide a lifeline to those who might otherwise be left voiceless.

However, not every opportunity to apply for pro bono costs orders is taken. We would like to remind Costs Lawyers of this opportunity and in turn encourage more lawyers to offer their expertise pro bono and increase access to justice.

What is the ATJF? 

ATJF was initially set up as the recipient of pro bono costs orders (under section 194 of the Legal Services Act 2007). Our members include the Law Society, the Bar Council, Courts and Tribunals Judiciary, CILEX and Advice Services Alliance.

We work with the Association of Costs Lawyers to provide training on pro bono costs orders and raise awareness about their impact.

We are committed to sustaining, improving and increasing the availability of quality free legal advice to marginalised individuals and communities. As the only national charity solely focused on funding free legal advice across the UK, we ensure our grant making is transparent and equitable. We have awarded many millions of pounds to free legal service providers.

Funds from pro bono costs orders have allowed The Access to Justice Foundation to distribute over £1 million in grants for the provision of free legal advice.

What impact do we have?

Our latest grants round, funded primarily from pro bono costs orders, is designed to support increased access to pro bono provision for disabled people across the UK and will see organisations being funded up to £50,000 over two years.

Disabled people often face substantial barriers to legal advice, including navigating complex systems such as welfare benefits, mobility issues, living in a rural location and digital exclusion. People with a disability are almost three times as likely to live in material deprivation than the rest of the population, making access to legal advice when it is needed increasingly difficult. We will announce the recipients of these awards in October 2024. This is the latest example of the positive impact that pro bono costs orders can make to people’s lives.

The power of pro bono costs

With your help, we can:

  • Enhance access to justice:By channelling funds from successful cases to organisations providing free legal advice, these orders help to support the infrastructure necessary to offer such services.
  • Support advice organisations deliver free legal advice: The Bristol Law Centre provides an example. Thanks to pro bono costs orders we were able to award them a grant to provide pro bono legal support. The Bristol Law Centre was able to run a weekly pro bono clinic on family, employment and civil litigation matters. Our funding supported a rota that includes 14 solicitor firms, 53 volunteer fee-earners and 17 paralegals.
  • Encourage fair litigation: Pro bono costs orders help to level the playing field in civil litigation. They ensure that there are adverse costs risks for a funded party, even against one or more parties receiving free legal representation. This can encourage more reasonable litigation conduct and settlement negotiations, promoting fairer outcomes.
  • Maximise the impact of pro bono: For many, civil litigation can be the most stressful and traumatic time of their life, often facing the possibility of being separated from their families, losing their only sources of income and being left homeless. At the end of a matter, pro bono clients are often relieved that they have reached an outcome. Where pro bono costs have been applied for, they are thankful that the work of their legal representative has not only helped them but will continue to support the next person in their shoes, in need of pro bono advice.

Be part of the picture

Funding from pro bono costs has already had a huge positive impact on the free legal advice sector, however, more remains to be done. Your contributions matter.

We invite you to join us in this crucial effort to make civil justice accessible for all. Here’s how you can help:

  • Apply for pro bono costs: When you represent a pro bono party, don’t forget to include costs as part of the court order. If not already acting for pro bono clients consider doing so. Offer your services pro bono and help secure pro bono costs orders. Your expertise can make a significant difference to someone’s life. We offer guidance documents and specially crafted FAQs to help you apply for pro bono costs.
  • Register with the Pro Bono Expert Support Project: If you would like to volunteer your costs expertise to increase the use of pro bono costs, consider registering with the Pro Bono Expert Support Project.
  • Spread the word: Raise awareness of the importance of pro bono costs orders. Share stories of impact and success to inspire others to get involved and get in touch with our team at [email protected] to contribute to our awareness raising activities.

Davina Patel

Senior Development Officer, The Access to Justice Foundation

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