CILEX Litigation Practice Rights Application – FAQ from a CILEX Practitioner

I quite often see questions online being asked by CILEX Fellows about practice right application. Whilst some applications are outside my knowledge and applicable experience (such as conveyancing, probate and immigration) I can usually assist in answering questions or those applying for litigation practice rights.

I thought it best to do a post that will answer those commonly asked questions to assist those who are looking to apply for litigation practice rights. This is for ‘legacy’ Fellows who have not qualified via the CPQ (who will obtain practice rights through the CPQ training).

When can I apply for practice rights?

If you are applying for practice rights in your area of specialism (family, civil or criminal) then you can apply for practice rights providing you have:-

• five years qualifying employment in the legal sector (they do not have to be post qualifying – I obtained my practice rights three to four years post qualifying) and
• two years of experience in your intended specialism

This does not matter if you are applying via the portfolio route or the University of Law assessment. You need to be a Fellow by the time you apply.

Wait, there is more than one method of acquiring practice rights?

There are two types of methods of obtaining practice rights; the original portfolio method or the assessment and the University of Law assessment.

The assessment allows a Fellow to obtain practice rights without having to prepare an application with portfolio examples. It’s a three and half hour assessment made up of a multiple choice question and a two part skill assessment. The cost is £499 so it is £49 more expensive than the portfolio assessment.

It says on the CILEX Regulation website that there are three methods?

The third is for people who either do not have two years experience in their desired specialism or want to acquire practice rights in an area of law they do not practice in. So for example, I am a civil practitioner. If I wanted to do family law I could do the family practice course. The end result (after the advocacy course) is that I would have the right to conduct advocacy and litigation in family proceedings.

The course can be down either over 12 weeks (full time) or 24 weeks (part time) and is £1,999 including the assessment, which is exactly the same assessment as the £499 alternative to the portfolio assessment.

Is the advocacy course an additional cost on of the portfolio, assessment or training course?

Unfortunately the CILEX Regulation website does not make this clear. You are required to do the advocacy course provided by Altior on top of what ever method of applying for practice rights (portfolio, assessment or training course). The costs of the courses are found on their website.

You also need to do the course even if you have done a simliar CILEX advocacy course. So if you have done the civil CILEX advocacy course, you will still need to do the family advocacy course. You are likely to have an exception if you have completed the Bar Vocational Course.

I have no advocacy experience because I’m a criminal practitioner. How can I make an application for practice right?

Unlike family and civil practitioners, criminal practitioners will have no rights of audience at all to have any pre-application experience. The application recognises this. What it does is expect you to provide evidence in a different form. For example, any trials you have experienced by observing another advocate or Counsel.

You may have police station certification and can attend police station interviews. This is another example of advocacy skills. What is not publicly communicated is that the advocacy course that applicants go on treat the candidates, as having no advocacy experience whatsoever.

The application wants to see what experience you have, but if you don’t have experience, explain the extent of your experience. For example, if you have been preparing for criminal trials and you’ve had to deal with evidence, preparing witnesses and clients, then this goes to the extent of your experience, and how it has prepared you for the next step, undertaking magistrates court advocacy.

I’m a civil or family practitioner, and I don’t have any court experience, even with the exemptions under the Legal Services Act 2007. I don’t have the same justification as a criminal practitioner?

Not everyone will have the opportunity to undertake some form of advocacy. If you’ve not undertaken any, but you have observed some, then you can rely on this. If you know you’re going to apply for practice rights, you could seek permission from your employer to attend hearing or observe.

The questions in the portfolio logbook annexed to the application ask questions as if you’ve conducted the advocacy. All you have to do is answer the same questions, but what you have learned what you’ve done by either observing or undertaking the preparation for that advocacy, even if you’re not undertaking the advocacy yourself.

There are other ways of obtaining advocacy experience. You could attend your local court and ask the ushers to be able to sit in on a public hearing. Thanks to changes in legislation, hearings before the Court of Appeal and in the Supreme Court are now available to watch online for free. What you need to do is consider the questions in the logbook and apply them to your own knowledge and understanding of the issues being raised in these hearings.

Of course, your own advocacy, or observation of cases that you have firsthand knowledge and will be far better than some of these latter examples. In the event you can’t, and you adapt yourself to be able to meet the criteria in the logbook, such examples are going to demonstrate your skill set as a lawyer and your readiness to take the steps to undergo the irrelevant training to become an advocate yourself.

There’s a section in the application about practice management and accounts. Do I need to do this?

The only reason an applicant would need to complete this section is if they are going to be practising in a CILEX regulated entity. When I qualified, I was working as a CILEX law firm. I therefore had to meet the criteria of the section.

If this applies to you, I would strongly recommend contacting Giles Probert at CILEX regulation as he will be able to assist you with this part of the application like he did with me.

I am a civil or family practitioner, do I have to do the open court advocacy, course or can I do the chamber only advocacy course?

Part of the rules that the Legal Service Board approved required an applicant. seeking practice rights in an area of litigation, to be able to at least appear in Chambers without supervision.

This was because CILEX practitioners could start their own regulated law firms. If you are an employee, consultant or partner of a law firm then you are going to be supervised by an authorised person. In that circumstance, you will mostly undoubtedly be able to exercise a right of audience in chambers under the exemption found in schedule three Legal Services Act 2007.

If you have no intention of appearing an open court, or you cannot justify the additional cost, then the chamber advocacy, course is the one for you. You will still learn a lot at the advocacy course, even for the chamber, which is the first two days that everyone undertakes irrespective of what certificate they are seeking.

However, I would always recommend any practitioner to undertake the five day open court course because of the training at education surrounding evidence and the application of the law at a trial is so beneficial. It’s a shame it’s only become compulsory with the introduction of the CPQ.

Do I have to do the DBS check?

All applicants must undergo the DBS check. It’s something that all regulated practitioners who are being authorised have to do.

If you have any concerns about a potential application, then I would recommend to contact CILEX regulation before you start your application.

So how does the process work overall?

You will complete your application form and include the necessary evidence attached to your logbook examples. Don’t worry, it’s not as extensive as the fellowship application

You will then submit your application to CILEX regulation. Once the fee has been taken, they will arrange for the DBS company to get in touch with you.

If there are any amendments or clarifications with your application, they will return to you.

Once your application has been approved, you will deemed to have had a certificate of eligibility. That entitles you to apply to Altior for the CILEX advocacy course.

Once you have completed the course and you have confirmation that you have passed, they will communicate this to CILEX Regulation, who will then provide you with final form to complete and then you will be awarded your litigation advocacy rights.

I have heard that you need to renew your advocacy certificate every three years?

That was the requirement for advocates who did not have litigation certificates. When you apply for a certificate to be a litigator and advocate, you will have a single annual renewal. You will give explanation about how you’ve used your advocacy certificate and you pay a small fee.

Once that renewal has been approved, your certificate remains valid indefinitely while you continue to pay your annual practising certificate fee.

Information 

AJH Advocacy Limited, a Limited Company which is regulated by the Bar Standards Boards (entity number 190758), ceases trading on the 12th January 2026.

From the 12th January 2026 and onwards, Alec Hancock will practice as a Barrister at Magdalen Chambers in Exeter. For instructions on matters on or after 12th January 2026, please contact Magdalen Chambers via clerks@magdalenchambers.co.uk or by telephone on 01392 285 200.