Our dedicated Litigation Fund is specifically focused on public interest litigation. Our NGO and solicitor members can apply for financial support in covering costs associated with taking a strategic public interest case.
The type of costs that PILS can cover include indemnifying applicants involved in cases to protect them from the other side’s costs, fees charged by the court to lodge papers, travel expenses when travelling long distances outside Northern Ireland to major hearings etc.
(Professional legal fees will only be considered and granted support from PILS in exceptional circumstances.)
The PILS Project is a ‘funder of last resort’ so the decision-making process will include an assessment of other financial options available.
PILS also encourage our members to reduce cost risk during court cases by using mechanisms like Protective Costs Agreements or Protective Costs Orders in suitable cases.
- A Protective Costs Agreement is an agreement, made between the parties to legal proceedings, that limits the costs that will be awarded against one or more parties in a legal case.
- Protective Costs Orders are orders made by a court which limit the costs one or more parties will be asked to pay in public interest cases.
PILS ask that members explore the potential for PCAs/PCOs at the earliest stage of legal proceedings and that they first seek an agreement which protects clients of limited financial means from having to pay any costs at all. If the other party will not accept this, members can then consider negotiating an agreement that caps their client’s costs. PILS staff are happy to talk members through these processes.
So, if someone takes a case that ultimately does not go the way they had hoped, they may not have to pay any costs or will have them capped at a certain amount. PILS will recommend that our members seek an Order were the applicant will have no exposure to costs.
(The court will make a PCO if it considers it fair, just and reasonable to do so. For more detail on the criteria that are taken into consideration and on PCOs in judicial review in general, download the PILS guidance note.)
All applications for direct financial support are considered by the PILS Board. Their decision is final, but the PILS Board may review applications if the circumstances change. The Board assess each application against a set of criteria to ensure that the issue falls within PILS remit and that we are the organisation in the best position to support. The criteria assess if:
- The issue is related to human rights and/or equality
- Vulnerable and disadvantaged groups are affected, so pursuing the issue is in the public interest
- Resolving the issue will impact more than just one person
- The case has a reasonable prospect of success
- Funding is available from another source