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"If a litigant in person’s claim succeeded, said Etherton, a pro bono costs award could then be sought under the Legal Services Act 2007 to benefit the Access to Justice Foundation."

And if it fails who will pay the winner's costs?

Anyone issuing a claim in person should be required to have insurance to meet any order which may be made for that person to pay costs; no insurance, no seal on the claim form, and no exceptions.