Should it be compulsory to seek pro bono costs? Andrew McIntyre investigates
When the full force of the government’s £2bn budget cuts to the Ministry of Justice hits, the impact will be severe. Clients on low incomes will suffer a double blow: the contraction of Legal Services Commission funding will restrict their access to state-subsidised legal assistance; and cutbacks on grants made to charities will limit the ability of pro bono organisations to provide them with free support. The government anticipates that the rigours of the cuts can be mitigated by redirecting litigants to alternative forms of dispute resolution and encouraging the use of conditional fee arrangements. However, shifting the burden to the private sector will not compensate entirely for the government’s abdication of responsibility. Creative solutions are required to fill the gap.
Pro bono costs scheme
The pro bono costs scheme could pick up some of this slack. Under s 194 of the Legal Services Act 2007, a court may make a costs order against the opponent of a party who has
