CILEX granted permission to appeal Mazur ruling

The Chartered Institute of Legal Executives (CILEX) has been granted permission to appeal to the Court of Appeal against the Mazur judgment.

Although not party to the original proceedings, CILEX applied for permission earlier this month, relying on the Court of Appeal’s discretion to permit an appeal brought by a person adversely affected by the outcome.

In granting permission, the court said it did not need to form a view on the appeal’s prospects of success as it “raises an important point of practice and its significance to the legal profession as a whole is a compelling reason for an appeal to be heard”.

Commenting on the decision, CILEX chief executive Jennifer Coupland said:

“It is great news that the Court of Appeal has acted quickly and recognised the need for a detailed examination of the issues raised by the Mazur ruling. We have already seen the significant impact it is having, not only on our members but on law firms more widely. We are also concerned about the longer-term impact on access to justice, diversity in the legal profession and the efficient running of the legal system.

“CILEX will now have the opportunity to present its argument that Mazur was wrongly decided. In addition, the uncertainties that have resulted from this judgment will be fully ventilated and determined through the appeal process.”

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.

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’.