The Legal Services Board has approved a fast-track application from CILEx Regulation (CRL) to allow legal executives to obtain standalone litigation practice rights. The decision takes effect immediately. 

CRL submitted the application last month following September's seismic ruling in Mazur, with the LSB pledging to respond within 28 days. The change means CILEX members with Fellowship status can now apply to acquire the rights. CRL said it will shortly communicate directly with CILEX members about how to apply.

'CRL is seeking to ensure that standards for authorisation in the conduct of litigation are maintained to protect the public interest and maintain trust in the competence of providers of reserved legal activities,' the regulator said in a statement. 'We expect a significant increase in the number of practice rights applications and have reviewed our processes to ensure that applications are processed as efficiently as possible consistent with the maintenance of standards. CRL has been working with ULaw on their parallel assessment only and training and assessment routes to maximise their capacity. Further announcements will be made as these arrangements are finalised.'

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The Legal Services Board said:  'This decision is an important step towards ensuring that legal professionals impacted by the Mazur judgment can obtain the relevant authorisation practice rights in a timely manner. It will also allow others who wish to qualify in this area a dedicated route to authorisation. It allows CRL to uncouple litigation and advocacy rights, which until now had to be obtained concurrently. The qualification requirements for obtaining authorisation from CRL for the conduct of litigation remain the same, which means there will be no reduction in standards among providers of the reserved legal activity of conducting litigation.'

Jonathan Rees, CRL chair commented: ’I am pleased that the LSB has approved so quickly our application for standalone litigation rights. We began work on this earlier this year, and our application was supported by over 95% of respondents to our consultation who welcomed the option to gain standalone litigation practice rights to enable further career progression.'

He added: ’The timing of this approval is particularly significant in the light of September’s Mazur judgment. We recognise the huge distress and uncertainty caused to many of our regulated community by the judgment. The introduction of standalone litigation practice rights will give all those affected the opportunity to practise litigation independently. This will help to increase diversity in the legal profession and provide consumers with increased choice.

’We recognise that demand for such rights may be high, and we have diverted and increased resources to cope with the expected rate of applications and streamlined and speeded up our assessment processes.’

CILEX commented:  'Members have been able to apply for standalone litigation rights through the CRL process since early October, in anticipation of the LSB’s decision. Our research shows that large numbers of our members will be applying now this announcement has been made and we encourage them to refer to CRL’s latest guidance. There is more to do in response to Mazur but this is a very positive step.'

 

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