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29 April 2010 / George Gordon
Issue: 7415 / Categories: Features , Costs
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Accessing justice

Pro bono costs orders: levelling the playing field? By George Gordon

Section 194 of the Legal Services Act 2007 came into force on 1 October 2008 and permitted a departure from the indemnity principle of costs for a party whose legal representation was provided pro bono (as long as its opponent was paying for its representation).

It was widely hoped that three principal benefits would be derived from the change in the law:
(i) that the threat of costs would be a weapon in the armoury of the pro bono litigant, thereby establishing equality of arms;
(ii) that all income from successful Pro Bono Costs Orders could be ploughed back into facilitating further pro bono activities;
(iii) that the Access to Justice Foundation, which controls the distribution of all money generated from pro bono costs orders, could develop a nationwide strategic policy on how best to nurture pro bono activities on the basis of need.

The availability of pro bono costs orders has been enshrined in Pt 44 of the

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MOVERS & SHAKERS

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Two promoted to partner in property litigation and education teams

Dorsey & Whitney LLP—Peter Knust

Dorsey & Whitney LLP—Peter Knust

Cross-border finance and restructuring specialist joins as of counsel in London

Powell Gilbert—Callum Beamish-Lacey

Powell Gilbert—Callum Beamish-Lacey

IP firm promotes litigator to partnership

NEWS

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Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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