Pro bono lawyers have saved a family from eviction and secured a £20,000 donation to the Access to Justice Foundation (AJF) charity.

Shelter solicitors John Gallagher and Marie Burton, and barrister Andrew Walker of Maitland Chambers, acted for a family facing eviction from their home of 20 years following a ‘sale and leaseback’ scam. On winning they obtained a section 194 pro bono costs order providing charitable funds to the AJF, which will use the money to ensure others also get pro bono help.

Section 194, a new costs provision of the Legal Services Act 2007, allows the court in pro bono cases to require the losing party to make a payment to the AJF. In deciding quantum, the court considers the costs that would otherwise have been payable by the losing party had the pro bono lawyers been charging. It then issues an order in lieu of those legal costs. In this case, after months of pro bono advice and representation, the court issued a section 194 order for £20,000.

Previously, where a case had been won with pro bono help, the losing party would have escaped liability for costs.

Lord Goldsmith, chairman of the AJF and former attorney general, said more guidance on section 194 would be published soon.