CILEx Regulation has developed a qualification scheme to allow you to gain litigation practice rights in Civil, Criminal or Family proceedings. It is up to you to seek litigation rights in the area in which you practise and you may seek litigation rights in more than one practice area.
The conduct of litigation is closely linked to the exercise of rights of audience and advocacy rights are also a reserved legal activity. Your application for litigation rights will, therefore, include an application for advocacy rights in the Civil Litigation Pathway.
The Civil Litigation Pathway permits Chartered Legal Executives to exercise advocacy in the Judge’s room in the County Court and the High Court.
If you attend, and successfully, pass this 5-day course, you can also opt to obtain advocacy rights in:-
- Open County Court hearings;
- The Magistrates’ Court, in relation to all Civil and Enforcement matters;
- Before a Tribunal, which gives a non-discretionary right to appear; and
- The Coroners’ Court.
Assessment Criteria for the Civil Proceedings Certificate
In order to pass the advocacy skills assessments for the Civil Proceedings Certificate, you must demonstrate competence in the following assessment categories:-
For Chambers Rights of Audience (2 days of tuition, plus oral Advocacy Skills assessment):-
- Case Analysis and Theory or Skeleton Arguments; and
- Interim Applications.
For Open-Court Rights of Audience (5 days of tuition, plus oral Advocacy Skills and online Evidence, Procedure & Ethics assessments):-
- Case Analysis and Theory or Skeleton Arguments;
- Opening Speech or Closing Speech;
- Examination-in-Chief, Cross-examination or Exchanged Witness Statement/Sworn Statement and Re-examination; and
- Interim Application/Legal Submission.
The course is aimed at Graduate members and Fellows, who hold a Certificate of Eligibility from CILEx (see CILEx Rights of Audience Certification Rules for further details).
The key benefits of attending this course are:-
- You will learn to analyse a case and the supporting evidence;
- You will learn how to marshal evidence, in accordance with the Civil Procedure Rules (CPR) and Civil Evidence Act 1995;
- You will be trained in Civil advocacy in both a chambers and trial environment;
- The assessments ensure competence to appear as an advocate in open Court in:-
- The County Court;
- The Magistrates’ Court (Civil matters only);
- The Coroners’ Court; and
- Any Tribunal, under the supervision of the Administrative Justice and Tribunals Council (where the Tribunal provides a non-discretionary right of audience to solicitors and barristers).
TBC: Please contact us for future course dates
The course consists of five days’ intensive, interactive and practical tuition and assessment in the art of Civil Court advocacy. The course consists of brief trainer presentations, some small group-work and a variety of mock advocacy sessions.
The five-day course combines the two-day Chambers course with the three-day Open-Court course (including the oral Advocacy Skills and online Evidence, Procedure & Ethics assessments).
During each practical advocacy-based session, there will be formal and detailed feedback on your performance, both from the trainer and from your peers, based on the competencies that should be demonstrated (see below).
Attendance at the course is compulsory, as is participation. You should attend on time, as otherwise other team members will suffer in their performances. Because of the structure of the course, and the amount of work to be done, the group size is limited.
This course comprises practical training to prepare you for the assessments. The training is based on a Case Study and prepares you for an assessment where you will be required to submit a Skeleton Argument, undertake a Legal Submission/Interim Application, Cross-examine a witness and give a Closing Speech.
Soft copy reading materials (including Course Notes and a Case Study) will be provided to you on an online portal prior to the course and you should read these thoroughly prior to attendance.
You should allocate time on the weekend following the five-day course in order to prepare for the online Evidence, Procedure & Ethics assessment on the following Monday.
In order to obtain a Certificate of Eligibility, you will be required to demonstrate, to CILEx, your knowledge and experience of Civil litigation to the required standard (see CILEx Rights of Audience Certification Rules for further details).
CILEx Advocacy 2-day Practice Rights £975.00 (+vat) per delegate
CILEx Advocacy Proceedings 6-day (complete course) £1725.00 (+vat) per delegate
A1 Act honestly and with integrity, in accordance with legal and regulatory requirements and the SRA Handbook and Code of Conduct;
A4 Draw on a sufficient detailed knowledge and understanding of their field(s) of work and role in order to practise effectively;
A5 Apply understanding, critical thinking and analysis to solve problems;
B1 Obtain relevant facts;
B2 Undertake legal research;
B4 Draft documents which are legally effective and accurately reflect the client’s instructions; and
B5 Undertake effective spoken and written advocacy.