At the end of October 2025, the Legal Services Board (LSB) approved an application from CILEx Regulation Limited (CRL) to allow legal executives to obtain standalone litigation practice rights. The decision follows the landmark High Court judgment in Mazur v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB) in September 2025, which raised questions across the profession about the scope of authorised litigation rights.
What Has Been Approved?
The LSB has amended the regulatory arrangements as follows:
- Removal of the requirement for existing chartered legal executives and new applicants seeking authorisation for the conduct of litigation to also seek authorisation for rights of audience at the same time
- Inclusion of the rules to be followed for authorisation of conduct of litigation, and separately for advocacy practice rights, to deliver the proposed objective of uncoupling these practice rights
- New titles to be issued for chartered legal executives who solely hold authorisation for the conduct of litigation, and
- Inclusion of three new Litigator Specialist Pathways in the Practitioner Authorisation Rules for the New education standards.
Why Were The Changes Needed?
The recent High Court Mazur judgment held that an employee working for an authorised firm could not conduct litigation by virtue of their employment alone, even if they were supervised by an authorised person. It further clarified that anyone who is not authorised for the conduct of litigation can support and assist an authorised individual, but cannot conduct litigation unless they hold the necessary practice rights.
The decision created considerable uncertainty for legal executives who had been practising litigation. As a result, CRL applied for the application to allow standalone litigation rights. The application was fast-tracked by the LSB in recognition of the urgency of the situation.
What The Approval Now Means
Under the new arrangement, CRL-regulated fellows of CILEx can now apply solely for litigation rights without concurrent advocacy rights. Previously, those rights were bundled together, meaning one could only gain the right to conduct litigation if one also obtained advocacy rights. The LSB decision uncouples those two concepts.
CRL emphasises that the qualification requirements for litigation rights remain unchanged. The regulator has stated that this means there will be no reduction in standards among those authorised to conduct reserved litigation activity.
For Fellows of CILEx, the change opens a new route for career advancement. Under the approved regime, they may now apply for litigation practice rights for civil, criminal or family proceedings.
What Has Been The Reaction To The Approval?
Responding to the approval, the Legal Services Board stated:
“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, stated:
“I am pleased that the LSB has approved so quickly our application for standalone litigation rights…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”.
And finally, CILEX stated:
“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”.
Final Words
The decision by the LSB to approve CRL’s application for standalone litigation practice rights marks a significant milestone for the legal-executive profession in England and Wales. It offers CILEx Fellows a more direct route into litigation practice, strengthens career pathways and widens consumer choice.
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