Pro bono representation meaning

This Practice Note examines the scope to recover costs where a court order is silent on costs. While parties are not entitled to any costs linked to that particular order, it is important to recognise that in certain situations a costs order may be treated as having been made. In those circumstances, costs can be recovered. The general rule—no costs recovery The starting point is that if an order includes no provision about costs, the parties cannot recover their costs associated with that order (CPR 44.10(1)). In such instances, a party also cannot seek an order under section 194(3) of the Legal Services Act 2007 (LSA 2007) for payments relating to pro bono representation. The analysis in Kapoor v Johal (2024) confirms the meaning and effect of CPR 44.10(1)(a)(i), consistent with the pre‑CPR 44.10 decision in Griffiths v Commissioner of Police for the Metropolis (2003). As applications can generate substantial expense, it is crucial to ensure that appropriate submissions are made to the court in relation to costs...

This Practice Note summarises the range of costs orders available in the employment tribunal, including those dealing with representation and with expenses or allowances payable to an assessor or expert. It also reviews preparation time orders, wasted costs orders and pro bono costs orders. It clarifies when an order must or may be made, how a prior deposit order can affect the outcome, the levels that can be awarded, and the significance of a party’s ability to pay. The Practice Note further addresses costs warnings from the employment tribunal and between the parties, cites the Presidential Guidance, and specifies the time limit for complying with a costs order... Types of order relating to costs Employment tribunals may make the following types of order in relation to costs: Costs orders relating to representation: a direction that one party pays another for costs (fees, charges, disbursements or expenses) incurred while that party was represented by a legal or lay representative. Preparation time orders. Wasted costs...

This Practice Note was produced with The Access to Justice Foundation. It explains what pro bono costs are and the legislation and CPR provisions that apply. It then outlines key points for handling pro bono costs through proceedings and, in particular, when addressing costs assessment and costs orders. It also lists example contacts who can provide support with pro bono costs. What are pro bono costs? Pro bono costs arise when a party is represented without charge in proceedings. They are treated as ordinary legal costs. They reflect the monetary value of the free legal help, with the amount based on what a fee-paying client would recover. The costs cover any period of free representation and, even where only one lawyer acted pro bono, normal costs can still be sought for fee-paid work. Accordingly, the County Court, High Court and Court of Appeal (Civil Division) can, broadly, award pro bono costs in civil proceedings in England and Wales in cases in which they would award normal costs. Note...

1 Pro bono vision 1.1 We accept our duties to clients, colleagues, suppliers and other stakeholders, alongside the broader community in which we work. Through our policies and day-to-day practices, we seek to uphold exemplary governance and client service, and to foster a constructive workplace that enables our people to grow while actively supporting our local community... 1.2 We recognise that many in our society face barriers to the justice system when seeking to resolve legal issues. As lawyers, we are uniquely placed to assist. Providing pro bono advice and representation to those in need is a core element of our commitment to the community... 1.3 We will endeavour to contribute [insert the amount of support the organisation will aim to provide for pro bono work, such as a defined number of hours per lawyer, the monetary value of otherwise chargeable time, or a percentage of annual billings] to deliver pro bono support to individuals and community organisations who struggle to obtain legal services...