Message to members – Mazur v Charles Russell Speechlys: FAQs
1. What does the ruling say?
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 conduct litigation yourself unless you hold practice rights.
2. What CILEX members are impacted by the ruling?
CILEX members who are practising in litigation and do not have practice rights are not authorised to conduct litigation; you must ensure your contribution remains strictly in assisting the litigation, not conducting it. Fellows with litigation practice rights are authorised to conduct litigation.
If you are a member with practice rights who is supervising those without, you must ensure they are not conducting litigation. Please refer to the CRL guidance.
CILEX members who are currently studying a litigation route on the CILEX Level 6 qualifications are encouraged to complete their practice rights application on achievement of CILEX Fellow status, in order to be authorised to conduct litigation. You do not need to wait, you can start building up evidence for your application before becoming a Fellow.
CILEX members who have completed, or are currently studying, the CILEX Professional Qualification (CPQ), will qualify with practice rights through the CILEx Regulation (CRL) process and will be authorised to conduct litigation on completion. We would remind members still studying to ensure they are aware of the guidance and are not conducting litigation until authorised to do so.
All members should be aware of their professional and regulatory obligations, and are encouraged to take this opportunity to understand the clarification provided by this ruling. We understand there is a lot of information to digest, so if you’re unsure of your authorisation, please contact us for guidance.
3. I work in litigation, what action should I take now?
Your first step should be to review the guidance and apply it to your circumstances. If your role requires you to conduct litigation, rather than assisting, and you do not have practice rights, you should consider your route to authorisation.
The process for authorisation is determined by our independent regulator, CILEx Regulation (CRL) and approved by the Legal Services Board, so anyone seeking practice rights must apply using one of the approved methods. There are three approved routes to apply for authorisation:
- 1. Assessed Portfolio
- 2. ULAW Assessment
- 3. ULAW Training and Assessment
You can find full details in the Practice Rights Hub in your myCILEX account.
4. Why hasn’t CILEX told me I need practice rights before now?
CILEX’s position on the interpretation of the Legal Services Act has consistently reflected the position of other regulators and has kept pace with advice and guidance on the conduct of litigation.
We have had regular communications with members through a range of channels including a dedicated member portal, newsletters, emails, journal articles, live and recorded webinars, and sessions at in-person events, where members have been strongly encouraged to gain their practice rights since they became available in 2014.
Additionally, we launched the CILEX Lawyer eligibility checker in December 2022. This tool was developed to help members ensure they were operating within their authorisation. It has supported more than 2,300 members who have used the service to understand their responsibilities, with a number of those having gone on to obtain practice rights. The eligibility checker can be reviewed and updated at any time in the CILEX Lawyer and Practice Rights Hub in the myCILEX portal.
5. CILEX has previously said I can conduct litigation under supervision; am I open to challenge from past clients?
CILEX has worked to keep member guidance up to date and in line with any regulatory guidance which has been issued. This includes guidance that the conduct of litigation is reserved for authorised practitioners.
If you’ve been working under supervision and direction, it is the responsibility of the authorised person to have knowledge of the activities carried out on their behalf and at their direction. In this situation the authorised person and your organisation would need to review the CRL guidance and the approach they’ve been taking in the conduct of litigation.
6. Why did a CILEX webpage say members could conduct litigation prior to 2023?
As has been covered in the press, a page on the CILEX website said members employed in solicitors firms could conduct litigation and we are investigating how this happened. As previously mentioned, we have strongly encouraged members to obtain practice rights.
7. I have practised in litigation for years, why can’t CILEX just give me practice rights?
We understand the frustration this must be causing given your professional status, skills and experience. The process for authorisation is determined by our delegated regulatory body, CRL, and approved by the Legal Services Board, so anyone seeking practice rights must apply using one of the approved methods.
Although we have little control over this process, we have taken members concerns to CRL and sought the removal of barriers. We support CRL’s intention to offer standalone litigation rights and will continue to advocate for our members’ best interests where possible within our remit.
You can read the CRL guidance here.
8. How can I gain the litigation experience needed to complete the portfolio requirements?
Please refer to the CRL guidance and FAQs for more detailed information on requirements to obtain practice rights.
9. How is CILEX supporting members and their employers?
We will be communicating with members over the coming days and weeks to ensure you are kept up to date and have your questions answered. Please look out for email updates and invites to webinars. We understand that this extends to your employers, so are exploring how we can help support employers to understand what this ruling means for them.
10. What action is CILEX taking in response to the ruling?
We appreciate the patience of our members while we fully explored the impact and repercussions of this ruling. In the last two weeks, CILEX Chief Executive and senior leadership have met with several key organisations within the legal profession, including the Ministry of Justice, Legal Services Board, CILEx Regulation, and the Solicitors Regulation Authority (SRA). Within these discussions we have championed the voice of CILEX members to ensure the impacts of this ruling are understood.
11. Is my CILEX qualification and professional status diminished by this judgment?
No. The CILEX Fellow status members achieved before the introduction of the CILEX Professional Qualification in 2021 has opened doors to working in the legal profession or progressing within it.
Those affected by this ruling will have been deploying the knowledge and skills acquired through attaining their qualification every day in their workplaces. The qualification attests to that expertise and we are disheartened some CILEX members are feeling this way. We remain committed to working with members, employers, and the wider legal profession to raise the profile of CILEX members and the crucial expertise and knowledge they bring.
12. I am seeing lots of online guidance on how to apply from other CILEX members, is this correct?
We appreciate the CILEX community coming together to provide support to peers, and can see some useful links and advice being shared. We would reiterate that formal guidance can be found in the dedicated Practice Rights Hub and individual enquiries should be directed to our Customer Support team via your myCILEX or on 01234 841000.