As a member, am I a “Legal Representative” under the Civil
Procedure Rules (“CPR”)?
Paragraph 2.3 of Part 2 of the CPR
defines a “legal representative” as a
- Barrister;
- Solicitor;
- Solicitor’s employee;
- Manager of a body recognised
by the SRA; or
- A litigator authorised under
the Legal Services Act 2007.
CILEx members employed in solicitors firms are
therefore legal representatives for the purposes of the CPR.
Non lawyer managers (who may be members of CILEx but not
Fellows or CILEx Conveyancing/probate practitioners) will also fall
within paragraph 2.3 of the CPR. Other members of CILEx who are not
employed by a solicitor are not covered by this definition, and
should not be acting in litigation proceedings in any event.
Since October 2014, CILEx Fellows can apply to
CILEx Regulation to
undertake litigation. Fellows granted the right to
undertake litigation will fall within the definition of legal
representative for CPR purposes.
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