CILEX supports Civil Justice Council’s call for urgent legislation to reverse PACCAR effects; but urges caution on Access to Justice Fund

5 June 2025

CILEX (the Chartered Institute of Legal Executives) welcomes the Civil Justice Council’s (CJC) final report on litigation funding, which highlights the urgent need for legislative action to reverse the effects of PACCAR. The Supreme Court’s 2023 decision has rendered numerous third-party funding agreements unenforceable, undermining access to justice for many individuals and small businesses.

CILEX agrees that a stronger and more comprehensive regulatory scheme is essential to promote transparency, protect individuals and ensure that ethical standards across the funding sector are being upheld.

However, CILEX expresses reservations regarding the proposed Access to Justice Fund. CILEX is well-versed in the desperate need for funding in civil litigation, but notes that there is a concern that the introduction may inadvertently discourage private litigation funding. CILEX is concerned that this could lead to a reduction in the availability of funders for meritorious claims, ultimately hindering access to justice rather than promoting it.

Furthermore, the CJC’s suggestion in recommendation 18, mandating the exclusive use of King’s Counsel for independent legal advice in funded cases raises additional concerns. CILEX notes that this requirement could impose significant financial burdens on Claimants and their legal representatives, potentially leading to delays in the Court system. To ensure efficiency and maintain access to justice, CILEX advocates for a more flexible approach that allows for the appointment of qualified independent legal advisers, not limited to King’s Counsel.

Overall, whilst CILEX supports the CJC’s recommendations, CILEX believes a balanced approach is essential to safeguard access to justice and the effective functioning of the legal system.

‘While we welcome the Civil Justice Council’s flagship in calling for immediate legislative reform and a stronger regulatory framework, we urge careful consideration of the proposals that may hinder rather than help access to justice’ – Yanthé Richardson, President of CILEX.

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ENDS

For further information, please contact:

Louise Eckersley, Black Letter Communications on 0203 567 1208 or email at [email protected]

Kerry Jack, Black Letter Communications on 07525 756 599 or email at [email protected]

Notes to editors:

CILEX (The Chartered Institute of Legal Executives) is one of the three main professional bodies covering the legal profession in England and Wales. The approximately 18,000 -strong membership is made up of CILEX Lawyers, Chartered Legal Executives, paralegals and other legal professionals.

CILEX pioneered the non-university route into law and recently launched the CILEX Professional Qualification (CPQ), a new approach to on-the-job training that marries legal knowledge with the practical skills, behaviours and commercial awareness needed by lawyers in the 2020s.

The CPQ is a progressive qualification framework that creates a workforce of specialist legal professionals, providing a career ladder from Paralegal through to Advanced Paralegal and ultimately full qualification as a CILEX Lawyer. CILEX Lawyers can become partners in law firms, coroners, judges or advocates in open court.

CILEX members come from more diverse backgrounds than other parts of the legal profession:

• 76% of its lawyers are women
• 16% are from ethnic minority backgrounds
  • 8% are Asian or Asian British
  • 5% are Black or Black British
  • 3% are from a mixed ethnic background
• 77% attended state schools
• 63% come from families where neither parent attended university
• Only 3% of its members have a parent who is a lawyer.

CILEX members are regulated through an independent body, CILEx Regulation. It is the only regulator covering paralegals.