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Forum Home  →  Discussion  →  Access to justice and advice sector issues  →  Thread

Acting pro bono in a tribunal?

shawn mach
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rightsnet.org.uk

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Changes introduced from 28 June 2022:

From 28 June 2022, the new s.194A of the Legal Services Act 2007 enables UK tribunals to award pro bono costs. This mirrors the existing s.194 of the 2007 Act, which provides for pro bono costs in the civil courts of England and Wales.

Pro bono costs are like ordinary legal costs, but where a party had free of charge legal representation by a solicitor, barrister or advocate in England, Wales, Scotland or Northern Ireland.

The pro bono representation can be for all or part of the case and can even sit alongside paid representation.

Pro bono costs are now available in proceedings before the First-tier Tribunal, the Upper Tribunal, the Employment Tribunal, the Employment Appeal Tribunal, and the Competition Appeal Tribunal.

The key condition is that the tribunal would have had the power to award ordinary costs, had the representation been provided on a paid basis. For example, for unreasonable conduct

More:
https://atjf.org.uk/wp-content/uploads/2022/06/220616-A4-Quick-Guide-Tribunals-1.pdf
https://atjf.org.uk/pro-bono-costs-orders

Elliot Kent
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This is of course A Good Thing; although we must note that it has no application in the benefit tribunals as there is no jurisdiction on costs.