the scheme
About 20,000 creditors’ bankruptcy petitions are presented against individuals each year. Many of those individuals cannot afford legal advice or representation and legal aid is rarely available.
The Personal Insolvency Litigation Advice and Representation Scheme (‘PILARS’) was launched in 2006 with the aim of providing free representation for debtors in bankruptcy cases.
PILARS currently offers free representation in the High Court to clients who are not entitled to public funding (legal aid) in creditors’ bankruptcy proceedings, applications to set aside statutory demands and applications to annul bankruptcy orders and appeals of the aforementioned.
In October 2007, the Bar Pro Bono Unit took over the administration of the scheme. The scheme is now operated in partnership with the Royal Courts of Justice Advice Bureau. Cases are referred to the Unit by the RCJ CAB. If a case is deemed suitable for PILARS, the Unit will seek to match the client to an appropriate volunteer barrister. Once a barrister is found who is willing to take on the case, the Unit will act as his or her instructing solicitor.
The scheme has the strong support of the Bankruptcy Registrars and High Court Judges. Sir Andrew Morritt, the Chancellor of the High Court, referred to the scheme in the following terms:
“I strongly support the scheme as filling a long felt need for proper representation and advice for those facing bankruptcy proceedings. I commend the scheme to the Bar”.
In addition, Chief Registrar Baister has said:
“The bankruptcy court deals with a significant number of unrepresented litigants who really need technical legal advice. The court can only go so far in trying to help them put their case. If PILARS can help to fill what is a substantial gap in the system it will be good for the litigants and good for the courts”.