In ordinary civil litigation, you can apply for a costs order. This means that if you win your case, the losing party will pay the costs of your legal representation. Pro bono costs are like ordinary civil legal costs, but where a party was represented for free in relation to proceedings.
The losing party is required to pay the costs to the prescribed charity, the Access to Justice Foundation, which uses these funds to support the provision of free legal help to those in need.
In England & Wales, pro bono costs are available in the County Court, Family Court, High Court, and Court of Appeal Civil Division as well as in civil appeals before the Supreme Court. Across England & Wales they are also available in Tribunals where they have the power to award ordinary costs (First Tier Tribunal, Upper Tribunal, Employment Tribunal, EAT, and CAT). Pro bono costs can also be included in settlement agreements.
Pro bono costs reflect the financial value of the free legal help provided and the amount is based on what a paying client would recover. The costs cover any period when free representation was provided and even if only one of the lawyers acted for free (i.e. normal costs can also be sought for the fee-paid work).
The suggested wording for a pro bono costs order is:
The [party] must pay costs for pro bono representation on or before [date] to the Access to Justice Foundation (7 Bell Yard, London WC2A 2JR), [summarily assessed at £___] [or] [to be assessed on the standard/indemnity basis if not agreed]
Pro bono costs help level the playing field, by ensuring that there are equal adverse costs risks for all parties, even when facing a pro bono assisted party. This can help encourage reasonable litigation conduct and settlement.
Successful pro bono costs applications also provide vital funding for future free legal help and provision for the next person in need of pro bono support.
Awareness about how to apply for pro bono costs and the benefit of doing so remains low. If you are interested in helping the Access to Justice Foundation raise awareness about the difference that pro bono costs can make, please get in touch at costs@atjf.org.uk or see how you can be part of the picture by sharing our guides with your colleagues, peers, and network here.
Correspondence Address: The Access to Justice Foundation, 7 Bell Yard, London, WC2A 2JR
Email: enquiries@atjf.org.uk
The Access to Justice Foundation is a company limited by guarantee (No. 6714178) and a Registered Charity in England and Wales (No. 1126147) and Scotland (No. SC048584). Registered office: 10 Queen Street Place, London EC4R 1AG
