Pro Bono Costs Orders
Turn your pro bono work into funds for future advice
When you act for someone pro bono in litigation proceedings, not only are you already making a difference to someone who needs legal help, but you could also be funding the next person’s free legal advice too.
Pro Bono Costs Orders let you claim the equivalent cost of your free legal work from the losing party, just like ordinary civil costs. The only difference is these funds are payable to us at the Access to Justice Foundation, and we use the money to support more free legal help across the UK.
Submit a Pro Bono Costs Order
If you’ve acted pro bono in a civil case that would normally generate a costs order, seek a Pro Bono Costs Order using this suggested wording:
The [party] must pay costs for pro bono representation on or before [date] to the Access to Justice Foundation (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]
How Pro Bono Costs Orders work
Pro bono costs are like ordinary civil legal costs, except the party was represented for free. When you win (or settle), the losing party pays these costs to us instead of to you.
You can apply for Pro Bono Costs Orders in:
- Civil courts,
- Cost-bearing tribunals, and
- Settlement agreements (under sections 194–194(b) Legal Services Act and CPR 46.7)
The Access to Justice Foundation is the prescribed charity in statute to receive Pro Bono Costs Orders and we were established for this purpose. Together, we can ensure that pro bono work creates a lasting impact beyond individual cases.
Making a pro bono costs order was easy and straightforward, I simply included provision for a pro bono costs order in our settlement offer which was immediately accepted by the Defendant’s solicitors.
Barrister acting on a pro bono case
Get step-by-step instructions for applying
Need more detailed guidance? Our comprehensive FAQs cover everything you need
Need some extra support?
The Pro Bono Expert Support scheme can connect you with specialist costs lawyers working pro bono to support on your case.
Where the money goes
We are the prescribed charity to receive Pro Bono Costs Orders because we know how to get funding to where it’s needed most.
Funds from pro bono costs orders goes towards funding free legal advice for people who need it most, providing grants for pro bono projects and supporting the infrastructure that makes pro bono work possible.
Your pro bono case today funds someone else’s free legal help tomorrow.
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What we’re funding
Making justice accessible for those who need it
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Our impact
Learn more about the impact we have on the communities most in need
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Why we exist
Justice shouldn’t depend on your postcode or bank balance
Why this levels the playing field
Pro Bono Costs Orders create equal adverse costs risks for all parties, even when one side has pro bono representation. This encourages reasonable litigation conduct and settlement discussions, because everyone faces the same potential costs exposure.
The reality
barristers who did pro bono work in the last 12 months
of barristers doing civil pro bono work who have ever claimed a Pro Bono Costs Orders
barristers who didn’t know they could claim Pro Bono Costs Orders
That’s a lot of missed opportunities to fund future free legal advice.
We’re here to help if you have questions
Mary has an MA in law and has first-hand experience volunteering at a legal drop-in clinic.
What Mary works on: Managing donations and key relationships relating to Pro Bono Costs Orders and Legal Walks.
Get in touch: costs@atjf.org.uk
