NI Department of Justice to begin consultation on pro bono costs orders in civil and family disputes
The plan sets out objectives “to make the system more accessible to citizens” and “to make the system fairer, more proportionate and more responsive.” As part of this, it outlines the Department’s intention to consult on the introduction of pro bono costs orders before producing a resulting report towards the end of 2021. Given that the next Assembly election is due to take place in May 2022 it is hoped that this will establish “a framework for reform in the next mandate”.
Pro bono costs orders are already provided for in England and Wales through the Legal Services Act 2007. Before this was introduced, costs could not be awarded where a winning party was represented for free. Under the Act, where pro bono legal representation is provided the court can order costs be paid to a “prescribed charity”. This charity must be both registered and also provide “financial support to persons who provide or organise or facilitate the provision of, legal advice or assistance (by way of representation or otherwise) which is free of charge.” In practice, costs are paid to the Access to Justice Foundation which then distributes the money to agencies and projects providing free legal assistance.
Other areas of focus in the Delivery Plan include Alternative Dispute Resolution, Digital Delivery (with the installation of audio and video technology in courtrooms) Information (featuring tools for lay litigants as an attempt at “demystifying” the courts) as well as ways in which to provide support and protection for “vulnerable citizens” navigating the court system.
NI Justice Minister Naomi Long said:
“Good progress has already been made with the installation of enhanced video and audio technology in courtrooms, the launch of an online probate portal, the introduction of enhanced protections for victims of domestic abuse in family courts and the introduction of a Bill to ensure parties in personal injury cases receive 100% compensation. The Delivery Plan will continue to build on that...Next steps will include trialing alternative dispute resolution mechanisms and enhancing the information and supports available to litigants in person, vulnerable court users, and children.”