CILEX Statement: Litigation practice rights

24 September 2025

We know members have questions about the recent High Court ruling in Mazur v Charles Russell Speechlys , so we want to clarify what it means for you.

The Court ruled that anyone who is not authorised to conduct litigation cannot do so under supervision. You can support and assist an authorised colleague, but you can’t carry out litigation yourself unless you hold practice rights.

This ruling does not change the position for CILEX members working in litigation, it simply reinforces the existing guidance; a Chartered Legal Executive who does not hold separate litigation practice rights is not authorised to conduct litigation. While some reserved areas of practice (conveyancing and probate) allow more scope for supervised work, litigation is different and has stricter rules.

To gain the right to conduct litigation, there are three routes available – by assessment, by portfolio, or by training and assessment. You can find full details in the Practice Rights Hub in your myCILEX account.

We understand that the authorisation system can feel complicated at times, and we’ll keep working with the Regulators and other stakeholders to push for clearer and simpler guidance for the profession.

We will shortly be organising a member webinar focused on practice rights, but if you have any questions in the meantime, please reach out to the CILEX team.

FAQs

More detailed FAQs on practice rights and the application routes can be found in your myCILEX portal here.

I hold a practising certificate as a Chartered Legal Executive, how do I know if I have the right to conduct litigation?

As a Chartered Legal Executive with a practising certificate, you are authorised to carry out the reserved legal activity of administering oaths.

To be authorised for litigation, you must make an independent application to the regulator (CRL) using one of the application processes open to you. The regulator would then authorise you on successful completion of that application and issue your practising certificate in either civil, family, or criminal proceedings.

Does this ruling mean that CILEX Fellows/CILEX Chartered Legal Executives without practice rights can’t have files in their own names for litigation cases?

CILEX has sought guidance from CILEx Regulation (CRL) and will provide an update and any associated guidance on this point as soon as it becomes available. You can view the update from CRL here.

There are Chartered Legal Executive colleagues in my firm, who are doing conveyancing under supervision. Why is litigation different?

The Legal Services Act states you can carry out reserved legal activities if you are authorised or exempt. The exemptions for conveyancing (and probate) include carrying out work under the supervision of an authorised person, but there is no provision for litigation to be carried out under supervision. To conduct litigation you must be independently authorised, and without that authorisation you can only assist an authorised person in the conduct of litigation.

I want to get litigation rights, but I don’t do any advocacy, so wouldn’t be able to be authorised for litigation and advocacy. What can I do?

Currently CRL can only authorise for both litigation and advocacy combined. As this has been a challenge for some members, CILEX has lobbied for a change of approach.

CRL has recently closed its consultation on awarding standalone litigation rights and its intention to offer standalone litigation rights in future, removing the barriers associated with the advocacy requirement. CRL is preparing an application to authorise standalone litigation rights, which it anticipates submitting to the Legal Services Board in October. We will keep you updated on these developments.

I am currently completing a CPQ litigation pathway, will I have the right to conduct litigation when I qualify?

Yes, those studying the CILEX Professional Qualification (CPQ) or CILEX Graduate Qualification (CGQ) on a litigation pathway, or the Level 7 Chartered Legal Executive Litigator and Advocate apprenticeship, will be authorised to conduct litigation on completion of all elements of the qualification.