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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
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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