The Chartered Institute of Legal Executives (CILEX) has applied for permission to appeal to the Court of Appeal against the Mazur judgment, the High Court ruling that legal executives cannot conduct litigation, even under supervision by authorised firms.
In a statement issued yesterday, CILEX said it ‘has held serious concerns’ about the ruling from Mr Justice Sheldon since it was handed down on 16 September and its impact on the legal sector: ‘on the public, on firms and on lawyers, including but not limited to its own members’.
The ruling created widespread confusion amongst legal practitioners involved in regulated activities, prompting the Law Society, the Solicitors Regulation Authority and other industry bodies to issue clarifications on their guidance.
In a statement given to Today’s Media following the ruling, CILEX said it was aware of the concerns and reassured members working in reserved activities, including conveyancing and probate, that schedule 3 of the Legal Services Act 2007 expressly provides exemptions that mean they can handle those reserved activities – rather than just assist with them – under the supervision and direction of authorised lawyers.
Now, CILEX says its monitoring has identified several adverse impacts for the legal sector, including delays in the courts caused by judges querying the status of lawyers, delays in the administration of justice, lawyers losing their jobs, and firms and other organisations having to change their business models at considerable costs – ‘which ultimately will be passed onto clients – and detriment to the competitiveness and speed of their services’.
“In extreme cases, it could even affect the viability of their businesses.”
Although not party to the original proceedings, CILEX said it is relying on the Court of Appeal’s discretion to permit an appeal to be brought by a person adversely affected by the outcome, adding:
“The action is not seeking to affect the outcome of the case in terms of the costs awarded by the court; it is focused on matters of principle.”
CILEX chief executive Jennifer Coupland said:
“CILEX was not invited to be heard as part of the original proceedings but we would like to be heard now. We believe that the issues, uncertainties and real-world impacts triggered by the judgment need to be fully ventilated through this appeal process.”
CILEX is being represented pro bono by Nick Bacon KC, head of 4 New Square and a specialist in costs work and professional disciplinary and regulatory practice, and Kingsley Napley’s Iain Miller, partner, and Stephen Nelson, senior associate and former head of legal at the SRA.
