Part 8Miscellaneous provisions about lawyers etc
Pro bono representation
194BF1Payments in respect of pro bono representation: Supreme Court
1
This section applies to proceedings in a relevant civil appeal to the Supreme 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 make an order under this section against a person if the condition in subsection (5) is met in respect of that person (and if subsection (7) does not apply).
4
An order under this section is an order for the 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).
5
The condition is that, had R’s representation of P not been provided free of charge, the Court would have had the power to order the person to make a payment to P in respect of sums payable to R by P in respect of that representation.
6
In considering whether to make an order under this section against a person, 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 made an order against that person as described in subsection (5), and
b
if it would, what the terms of the order would have been.
7
The Court may not make an order under this section against a person represented in the proceedings if the person’s representation was at all times within subsection (8).
8
Representation is within this subsection if it is—
a
provided by a legal representative acting free of charge, or
b
provided by way of legal aid.
9
For the purposes of subsection (8)(b), representation is provided by way of legal aid if it is—
a
provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, or
b
funded under Part 2 of the Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)).
10
Supreme Court Rules may make further provision as to the making of orders under this section, and may in particular—
a
provide that such orders may not be made in 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 (6)) to which the Court must have regard in deciding whether to make such an order, and the terms of any order.
11
In this section—
“free of charge” means otherwise than for or in expectation of fee, gain or reward;
“legal representative”, in relation to a party to proceedings, means—
- a
a person exercising a right of audience, or conducting litigation, on the party’s behalf pursuant to an entitlement under section 13, or
- b
a member of the Bar of Northern Ireland, or a solicitor of the Court of Judicature of Northern Ireland, practising or acting as such on the party’s behalf;
- a
“prescribed charity” means the charity prescribed under section 194C;
“relevant civil appeal” means an appeal—
- a
from the High Court under Part 2 of the Administration of Justice Act 1969,
- b
from the Upper Tribunal under section 14B(4) of the Tribunals, Courts and Enforcement Act 2007,
- c
from the Court of Appeal under section 40(2) of the Constitutional Reform Act 2005 or section 42 of the Judicature (Northern Ireland) Act 1978, or
- d
under section 13 of the Administration of Justice Act 1960 (appeal in cases of contempt of court), other than an appeal from an order or decision made in the exercise of jurisdiction to punish for criminal contempt of court.
- a
12
An order under this section may not be made in respect of representation in proceedings in a relevant civil appeal—
a
from a court in Northern Ireland, or
b
from the Upper Tribunal under section 14B(4) of the Tribunals, Courts and Enforcement Act 2007,
if (or to the extent that) the representation was provided before section 48 of the Judicial Review and Courts Act 2022 came into force.