CILEX calls the Court of Appeal judgment a major moment for legal services as the Law Society moves to update supervision guidance
The Court of Appeal has today handed down its judgment in the case of The Chartered Institute of Legal Executives (CILEX) -v- Mazur & others.
Following the ruling, CILEX chief executive Jennifer Coupland said: “This is the most consequential judgment for legal services in recent history: It is a victory for CILEX members but also for access to justice, the interests of consumers and the encouragement of a thriving, diverse and competitive legal sector.
CILEX is delighted that this common-sense judgment recognises our solutions, bringing much needed clarity to the conduct of litigation, and the role of authorised and unauthorised professionals. It means the profession can now operate effectively, maintaining high standards and consumer confidence whilst opening up legal services to alternative business models and providers.
CILEX professionals play a critical role in the justice system; they are well qualified, highly skilled, hugely experienced and, given they are more likely to come from groups traditionally underrepresented in the legal profession, bring different perspectives to their work.
Many have been profoundly impacted by the uncertainty created by the Mazur judgment and we hope that they are now able to move forward with their careers.
We also hope that this judgment offers a moment of reset for legal services where we can work collaboratively with the rest of the sector to ensure a consistent and clear response to the judgment that supports ordinary people seeking justice.
CILEX joins the voices of others in the sector, including the Legal Services Consumer Panel, in calling out the regulatory failure the Mazur judgment and its consequences represent. We will now look to lobby the government to address some of the regulatory shortcomings of the Legal Services Act. In the meantime, we await updated guidance from our regulator, CILEx Regulation.
Finally, CILEX is grateful for the support of our outstanding legal team – Nick Bacon KC, Helen Evans KC, Teen Jui Chow and Faye Metcalfe of 4 New Square, Iain Miller, Stephen Nelson and Phoebe Alexander at Kingsley Napley and Greg Cox of Simpson Millar. All have acted pro bono in this important case.”
Law Society vice president Brett Dixon said, in light of the judgment, society are updating its guidance and practice note to ensure it aligns with the ruling.
Dixon said: ‘All the parties to the proceedings before the Court of Appeal were there to seek clarity for practitioners and consumers of legal services with disputes.
‘Whilst the court did not accept all of the Law Society’s points, its judgment provides an outline framework for those involved in litigation to use in assessing whether supervision is adequate and lawful. The judgment confirms the continuing importance of supervision being in place which will require further regulatory guidance.
‘We will also be working with other legal bodies including CILEX, the Solicitors Regulation Authority and the Legal Services Board to continue to support the profession.’