Mazur – implications and actions

In the light of the Mazur judgment, CILEx Regulation explains the actions it is taking to address the impact on CILEX Fellows, the options open to those looking to gain practice rights and where to seek advice and guidance

The Mazur judgment handed down by Mr Justice Sheldon in September has had a significant impact on Chartered Legal Executives, causing understandable distress and uncertainty. 

We know there has been considerable discussion about possible legislative remedies, but our view is that any such solution, whether it be through primary or secondary legislation, will take significant time and prolong the uncertainty caused by the judgment. Our focus, therefore, has been on providing immediate, practical solutions to the challenges presented.

Chartered Legal Executive Litigators 

CILEX members asked us to offer a pathway that would enable them to gain litigation practice rights without the need to gain advocacy rights. In early November, we welcomed the decision from the Legal Services Board, which granted approval of our application to authorise standalone litigation practice rights.

This has provided existing Chartered Legal Executives with the option to seek authorisation for standalone civil, criminal or family litigation practice rights. We have already approved the first applications for litigation practice rights, granting successful applicants the right to use the title Chartered Legal Executive Litigator.

There are three routes available to those applying for practice rights:

1. Portfolio route. This is intended for experienced professionals, with at least five years’ experience working in the legal sector, with two of these being in a specialist area. Applicants are required to compile a portfolio of evidence to demonstrate their experience and competence. Evidence is then assessed by a competent person against the criteria set out. This route is managed by CRL.
2. Assessment only. This route is also intended for experienced professionals, with at least five years’ experience working in the legal sector, with two of these being in a specialist area. The assessment comprises an online exam and a two-part skills assessment with a competent person. This route is managed by ULaw.
3. Training and assessment. The training and assessment comprises a 24-week online course and assessment. This route is designed for Fellows who require additional training to meet the requirements of the assessment. This is determined as those who have five years’ experience working in the legal profession but do not have two years of experience in a specialist area. This route is managed by ULaw.

We anticipate high numbers of applications for litigation practice rights. For this reason, we have invested heavily in our operational preparedness to ensure we are well placed to process portfolio applications as quickly as possible.

We have re-engineered our processes to reduce applications times, offer earlier feedback and mitigate pinch points. We have hired and trained additional external, competent assessors – a key component in approving portfolio applications – to evaluate applications. This will enable us to ensure we balance the challenges of processing high numbers of applications quickly and proportionately without undermining standards and consumer confidence.

“We have re-engineered our processes to reduce application times, offer earlier feedback and mitigate pinch points” 

ULaw is also responding, working to ensure the organisation is able to welcome increased numbers of Fellows on assessment-only courses by increasing both their capacity and frequency. ULaw has already increased capacity on its January assessment-only course and expects to release new assessment dates for the first half of 2026 soon. 

The numbers are encouraging. They not only demonstrate that many Fellows recognise the challenges posed by Mazur but also that the processes put in place are robust. By late November, 600 Chartered Legal Executives had begun the process of applying for litigation practice rights. Approximately 350 chose the portfolio route, with the rest applying to ULaw to complete the assessment-only route. Of the latter, the majority are scheduled to sit their assessment in January. At current rates, therefore, we can expect a significant proportion of applicants to have practice rights within three months, with many sooner than that.

Addressing uncertainty

We recognise that there is uncertainty and that this will continue to be the case, with the full implications of the judgment taking some time to materialise. As a regulator, we are working hard to provide as much clarity and information as possible. We have moved quickly to provide clarity and support where we can. We have created a dedicated web resource where you can find guidance and support.

This includes:

• Interim guidance, which sets out our view of the effect of the judgment on providing litigation services;
• Guidance on Chartered Legal Executives’ work in the Court of Protection and which litigation pathway to consider;
• FAQs that deal with a range of issues, including enforcement and other areas of reserved activity;
• Standalone litigation practice portfolio application guidance that assists anyone applying under the portfolio route; and
• Webinar slides from our recent update session.

We note that others have also published guidance. The Solicitors Regulation Authority, Law Society and commercial organisations have issued useful guidance that anyone or any firm affected by Mazur should consider when making a rounded judgment about their practice or business model.

Next steps

Our focus now will be on processing the portfolio applications we have received. We continue to work with stakeholders to identify efficiencies in the process and any issues that may arise. We are working very closely with CILEX as the representative body for Chartered Legal Executives and welcome that constructive working relationship. In addition, we recently met and continue to engage with the CILEX Support Group to identify any further opportunities to streamline the authorisation process.

Dealing with distress and uncertainty

Given the ongoing distress and uncertainty that the Mazur judgement has caused to many of those we regulate, we have spoken to Elizabeth Rimmer, CEO of LawCare, for her advice on the support out there for those impacted.

"We understand that the Mazur case has left many people feeling anxious and unsettled,” she said. “If you’re feeling this way, you are not alone. Many others across the profession are experiencing the same uncertainty, frustration and fear about what comes next. LawCare offers a safe space to talk through your worries and help you find further support if needed."

LawCare's volunteers have experience in the legal sector and understand the particular pressures that you may face.

They can be contacted by calling their free and confidential helpline on 0800 279 6888, email support@lawcare.org.uk or via their online chat service which you can find on www.lawcare.org.uk.

Visit the CRL website for more information on applying for standalone litigation practice rights.