The former attorney general has urged pro bono lawyers to use new legislation to apply for costs when they win a case, to support wider access to justice. Lord Goldsmith told City Law School’s pro bono fair that lawyers doing pro bono cases can apply for costs orders under section 194 of the Legal Services Act 2007 if they win against a funded party.
Where a pro bono assisted party wins a case, the section – which came into force on 2 October 2008 – allows the court to make an order that the losing party pay costs.
The money recovered goes to the Access to Justice Foundation, a charity that distributes funds to voluntary, not-for-profit and charitable pro bono organisations.
Previously, the losing party would have escaped liability for costs if the winner had been acting pro bono, but would have been able to seek costs in the event of victory.
Goldsmith said that the possibility of a costs sanction acted as an incentive to settlement. ‘By helping one client the pro bono lawyer assists a second for free,’ he said. ‘You can double your pro bono effort because the section 194 order you will obtain will go to support pro bono services, and another person or maybe many people can be helped in other cases.’
Goldsmith said lawyers in a position to apply for a section 94 order should record their time as they would do for a paying client, ask the judge to make an order and explain how to do it, give the judge a draft costs order and costs schedule and send a copy of the order to the Access to Justice Foundation.
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