Pro Bono Costs Order & Our Pro Bono Assistance
ARC Costs Pro Bono Assistance
ARC Costs regularly assist vulnerable clients on a Pro Bono basis. For all potential clients, we provide initial advice free of charge making enquiries. If you are a Litigant in Person (have no legal representation) and are having financial difficulties, we will consider assisting with your costs issues on a pro bono basis should you be facing significant costs following a legal matter if you are able to demonstrate financial difficulties, and it is likely that our fees will be unlikely to be recovered.
We can also assist in quantifying costs in a matter in which a Pro Bono costs order has been made, to ensure that funds are raised to pass to charity.
What is a Pro Bono Costs Order?
Whilst Pro Bono work means that a legal representative will not charge you for representation or providing free legal advice, the Court can also make a Pro Bono Costs Order, ordering one party to pay the others costs; usually, the losing party is to pay the costs of the winning party (in line with the costs rules under the Civil Procedure Rules).
A Pro Bono Costs Order is governed by Section 194 of the Legal Services Act 2007.
Subsection 3 of this Act states that the Court may order any person to pay the prescribed charity in respect of the party’s legal representation to the proceedings.
Subsection 4 of this Act states the factors which must be considered before pro bono cost orders can be given by the County Court:
(4)In considering whether to make such an order and the terms of such an order, the court must have regard to—
(a)whether, had R’s representation of P not been provided free of charge, it would have ordered the person to make a payment to P in respect of the costs payable to R by P in respect of that representation, and
(b)if it would, what the terms of the order would have been.
A Pro Bono Costs Order can only be made where the party was represented and can cover any period when free representation was given.
It should be noted that if the civil case is won, then pro bono costs are likely to be ordered by the Court or alternatively can be included in settlements. As per subsection 3 above, the costs must be paid to the Access to Justice Foundation, known as the prescribed charity in the act.
The pro bono costs are then distributed to agencies that deal with pro bono cases to cover legal costs.
How Can ARC Costs Assist?
At ARC Costs, we are a team of specialist Costs Draftsman and Costs Lawyers that deal with a wide array of costs disputes. We assist with all costs related work such as preparing a Bill of Costs, drafting Points of Disputes and Replies, and providing representation at detailed assessment proceedings. We also regularly assist with costs management involving preparation of the Precedent H and Precedent R, as well as providing advocacy services at Costs and Case Management Conferences.
If you wish to discuss your costs query for free, please contact us on 01204 397302 or firstname.lastname@example.org. Alternatively, you can complete our online query form, and we will contact you.
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