Pro Bono Costs
If you are acting on a case pro bono, you can apply for pro bono costs. Pro Bono costs are a great way to encourage fair litigation and support future pro bono work.
What are pro bono costs?
Pro bono costs are court orders that require the losing party in a legal case to pay costs to the Access to Justice Foundation when the winning party has received free legal representation.
Pro bono costs are like ordinary civil legal costs, but where a party was represented for free.
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.
Why seek pro bono costs?
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.
Not only that, but the funds provided through pro bono costs go on to help even more people receive the help they need – so your pro bono work has double the impact!
When can you apply for pro bono costs?
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).
How do I apply for pro bono costs?
Please see the guidance notes on the Access to Justice Foundation website to see how to apply for a Pro Bono Costs Order, including the tailored guidance for Advocates.
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 (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]
Legal representatives are responsible for providing the Access to Justice Foundation with a copy of the pro bono costs order within 7 days of receipt and should provide contact details for the payor at this point (CPR rule 46.7(3).
Distribution preferences
Barristers with a successful pro bono costs order can highlight to the Access to Justice Foundation their preference for where the pro bono costs sum goes. We would be delighted if you could suggest Advocate as the recipient, which will help us reach more people directly in need of our help. Please do not include a distribution preference in the costs order itself as this will invalidate the whole order.
You can email your distribution preference to costs@atjf.org.uk. Distributions are at the discretion of the Access to Justice Foundation.
For more information on pro bono costs orders, please visit the Access to Justice Foundation website.
See their FAQs section to find out more information about rules and procedure around pro bono costs orders and much more.
If you have any further questions, please email costs@atjf.org.uk.
Contact Address: The Access to Justice Foundation, 7 Bell Yard, London, WC2A 2JR