Part 8Miscellaneous provisions about lawyers etc

Pro bono representation

I1194Payments in respect of pro bono representation F2: civil courts in England and Wales

1

This section applies to proceedings in a civil court in which—

a

a party to the proceedings (“P”) is or was represented by a legal representative (“R”), and

b

R's representation of P is or was provided free of charge, in whole or in part.

2

This section applies to such proceedings even if P is or was also represented by a legal representative not acting free of charge.

3

The court may order any person to make a payment to the prescribed charity in respect of R's representation of P (or, if only part of R's representation of P was provided free of charge, in respect of that part).

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.

5

The court may not make an order under subsection (3) against a person represented in the proceedings if the person's representation was at all times within subsection (6).

6

Representation is within this subsection if it is—

a

provided by a legal representative acting free of charge, or

F1b

provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

7

Rules of court may make further provision as to the making of orders under subsection (3), and may in particular—

a

provide that such orders may not be made in civil proceedings of a description specified in the rules;

b

make provision about the procedure to be followed in relation to such orders;

c

specify matters (in addition to those mentioned in subsection (4)) to which the court must have regard in deciding whether to make such an order, and the terms of any order.

8

“The prescribed charity” means the charity prescribed F3under section 194C.

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10

In this section—

  • “legal representative”, in relation to a party to proceedings, means a person exercising a right of audience or conducting litigation on the party's behalf;

  • F8 “civil court” means—

    1. a

      F7...

    2. b

      the civil division of the Court of Appeal,

    3. c

      the High Court,

    4. ca

      F9the family court, or

    5. d

      F6the county court;

  • F4...

  • “free of charge” means otherwise than for or in expectation of fee, gain or reward.

11

The court may not make an order under subsection (3) in respect of representation if (or to the extent that) it is provided before this section comes into force.