Litigation Letter
Pro bono charity
Under s194 of the Legal Services Act 2008, which came into force on 1 October, the Access to Justice Foundation, a new national
charity, will receive the costs ordered to be paid when the successful party is represented wholly or partly
pro bono. The foundation will also be able to receive funds either by donation or through other schemes. It will funnel money to a
new network of regional legal support trusts and thus enable distribution to local advice charities and help to develop local
pro bono communities. London already has such a trust and there are plans to create six more across the country. The trusts will undertake
their own additional fund raising activities, such as the series of walks that have recently taken place around the country.
Michael Napier, who has championed the work and is the Attorney General’s
pro bono envoy said: ‘The foundation and trusts will offer a further strategic dimension to the magnificent contribution of the legal
professions in giving free legal advice to those who cannot pay. In time, better access to justice - less unmet legal need
- will be the result. The foundation will also be there as the natural destination for other charitable donations in the cause
of access to justice. But it must always be remembered that, just like pro bono itself, the foundation will never be a substitute
for legal aid.’