header-logo header-logo

29 April 2010 / George Gordon
Issue: 7415 / Categories: Features , Costs
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll