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).