The LSB announced last week it had approved with immediate effect a fast-tracked application from CILEx Regulation Limited (CRL) for the rights. Previously, litigation and advocacy rights had to be obtained concurrently. The LSB’s decision removes an obstacle from the application process for legal executives aiming to conduct litigation but who do not need to practise advocacy in their role.
Jonathan Rees, chair of CILEx Regulation, said: ‘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.
‘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.
‘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.’
In Mazur and another v Charles Russell Speechleys [2025] EWHC 2341 (KB), Mr Justice Sheldon held that a fee-earner who is not a qualified solicitor does not have the right to conduct litigation, even when under the supervision of a qualified solicitor.
The judgment raised concerns about the correct roles of paralegals and CILEX lawyers and the boundaries between supporting and conducting litigation. In a statement aiming to clarify the situation last month, the Solicitors Regulation Authority said the ‘distinction between conducting litigation and supporting litigation... will depend on the facts’.
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