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26 May 2011 / Andrew Mcintyre
Issue: 7467 / Categories: Features , Legal aid focus , Profession
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Picking up the slack

Should it be compulsory to seek pro bono costs? Andrew McIntyre investigates

When the full force of the government’s £2bn budget cuts to the Ministry of Justice hits, the impact will be severe. Clients on low incomes will suffer a double blow: the contraction of Legal Services Commission funding will restrict their access to state-subsidised legal assistance; and cutbacks on grants made to charities will limit the ability of pro bono organisations to provide them with free support. The government anticipates that the rigours of the cuts can be mitigated by redirecting litigants to alternative forms of dispute resolution and encouraging the use of conditional fee arrangements. However, shifting the burden to the private sector will not compensate entirely for the government’s abdication of responsibility. Creative solutions are required to fill the gap.

Pro bono costs scheme

The pro bono costs scheme could pick up some of this slack. Under s 194 of the Legal Services Act 2007, a court may make a costs order against the opponent of a party who has been represented free of charge. Costs are payable to

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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