Litigation Rights - Application

The Access to Justice Act 1999 recognised ILEX as an authorised body for awarding litigation rights to suitably qualified members of ILEX. A working party was set up to develop the framework for a litigation rights scheme.

Those rights would be to undertake civil litigation or matrimonial proceedings. If the application were successful, suitably experienced Fellows wishing to become litigators would be required to complete a litigation skills course. Those who wished to practice independently would also be required to have undertaken a course covering business and practice management issues.

A qualification scheme and draft rules relating to practice management, professional ethics, accounts and indemnity insurance have been drafted. ILEX will need to show that, if it is to be able to authorise independent litigators, they must offer comparable protections to clients and the justice system as do other authorised litigators, such as solicitors.

The Application has not been placed before the Lord Chancellor, pending the outcome of an application in respect of advocacy rights, as the general structure of the qualification schemes is similar. However, it is hoped to be in a position to lodge an application towards the end of 2005.