Magic circle firm Freshfields Bruckhaus Deringer has secured what it says is the largest-ever pro bono costs order following its work on a judicial review over the lack of a policy for trafficking survivors in custody.

The firm represented the Anti Trafficking and Labour Exploitation Unit (ATLEU) in a claim against the Ministry of Justice over the lack of prison policy and procedure, which the charity argued was unlawful.

The claim was settled shortly before trial last month – without any finding of unlawfulness – after the MoJ agreed to ‘commence the development of operational guidance relating to victims and potential victims of modern slavery for staff working in prisons’, according to a High Court order.

The MoJ has been ordered to pay £130,000 in respect of Freshfields’ costs, which the firm said is ‘the largest pro bono costs order granted since this mechanism was introduced by section 194 of the Legal Services Act 2007’ and more than double the previous highest.

All the money will go to the Access to Justice Foundation, which hailed the ‘amazing news’. Its joint CEO Clare Carter said on Twitter: ‘Think of all the people who will get their legal problems resolved as a result of this.’

Craig Montgomery, a partner at Freshfields, said: ‘I am delighted that, following over a year of pre-action correspondence and litigation, the government has agreed to address all of our client’s substantive concerns about the lacuna in guidance that has existed to date.’

Paul Yates, head of pro bono at the firm, said: ‘This case has led to an important step forward in the systems protecting a particularly vulnerable subset of trafficking survivors. From a pro bono perspective, I was also delighted that we were able to secure this significant pro bono costs order, which will itself fund countless individuals to enjoy affective access to their legal rights.’

An MoJ spokesperson said: ‘We recognise many people entering custody are themselves victims of crime, including modern day slavery, and are developing clear guidelines for staff to ensure they get the help and trauma-informed support they need.’

 

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