Applying for practice rights: portfolio

As the impact of Mazur & Anor v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB)  applied to Fellows without practice rights, in addition to those unqualified fee earners, because the High Court determined that the Legal Services Act 2007 did not grant a right to conduct litigation by way of supervision by someone who is authorised to conduct litigation, which meant that although CILEX Fellows are regulated lawyers, if they don’t have the right to conduct litigation, then they could conduct litigation in the employ of law firm.

I wrote an article on this basis that many CILEX Fellows may not appreciate the impact of Mazur on those without the right to conduct litigation. Not only did I nto expect over 2000 views on the page, I’ve been hit up by many of you who are concerned and want to apply for practice rights ASAP. Rather than try to respond to everyone at once I am write this article to hoepfully give you guidance on what you need to do.

Forgive me, it’s been five years since I made the application. So please do not take everything I say as accurate.

The application form and hand book

You’ll need to download this form, which seems to be the most recent. It’s the document you see at the very top. It is also worth downloading the handbook for your area of law:-

• Civil Litigation
• Criminal Litigation
• Family Litigation

For ease, I am going to use the civil litigation example. You need only look at the criminal/family equivalent in the logbook. Realistically, if in doubt, read the handbook – it quite literally tells you everything about what each part requires.

Part 1 – Personal Injury and Area of Practice

Nice and easy, complete with your details and tick the box relevant to your practice area.

Part 2: Knowledge and understanding

You must be able to demonstrate at least Level 6 in civil litigation and either law of tort or contract law. The minimum qualification is, of course, your CILEX qualifications or your LLB/LPC/BVC. You will need your certificates/transcript, which you can obtain from CILEX (or at least the former if it’s a CILEX qualification).

You must also complete three portolios using Annex 2. You don’t even need to go on to the CILEX Regulation website to find “Annex 2 Experience” logbook, i’ve done it for you by clicking here. I even include the link to an example. They are also at the end of the form after a checklist fo wha tyou need to provide logbook-wise.

Part 3: experience

Even though there may be questions as to whether litigation could have or should have been conducted by virtue of supervision, you are expected to provide details of your work history over the last five years and then submit a portfolio of three cases that you have undertaken.

I would use a separate document rather than trying to fill in that box. Just title it “Part three experience”.

Part 4: Skills

This is the most faffiest part because whilst you most certainly going to have a client care and legal research exemption, the skills section of the handbook may or may not be exempted from other qualifications you may have. It is likely to be easier if you demonstrate with a redacted logbook.

For clarity, it is likely that the only exemption you can demonstrate is the client care and legal research.

This is the logbook. This is an example of it completed. It’s the most time consuming part. The elements you need to cover is in the handbook:-

There are 6 elements:-

• Element 1 – Interviewing, advising and communicating
• Element 2 – Costs and funding
• Element 3 – Conduct and ethics
• Element 4 – Managing litigation work
• Element 5 – Settlement v litigation
• Element 6 – Legal writing and drafting

You will see that each logbook entry hits the learning outcome and the various bullet-points are what you are required to evidence. Essentially, you need only do 18 logbooks (there may be more or less for the family or criminal). Yes, it’s a lot but it’s really not compared with the fellowship portfolio. You can do it!

Part five: Knowledge, understanding, experience and skills (practice managment and accounts).

Are you practising in a CILEX Entity? If the answer is ‘no’ then skip this as it only applies if you intend to practice in a law firm, regulated by CILEX. If you are, I recommend that you contact Giles Probert at CILEX Regulation, as he will assist you in overcoming this element.

Part 6: Membership of professional organisation and conduct statement

If you have a membership to any non-CILEX organisations, then include this. Don’t worry if you don’t.

Prior Conduct

You will know this section by now, for every time you renew your certificate. Just complete it as normal.

Part Seven: Advocacy

You tick the appropriate rights you wish to seek. However, if you are already a CILEX Advocate, then you don’t need to complete this. If you have a BVC you should also be exempt from this (put it in your covering letter).

You then complete an Annexe 4 document talking about your advocacy experience. Then, you must do a three-advocacy portfolio demonstrating experience to date (criminal advocates use a different annexe 6 for police station attendances). The Annex 5 advocacy logbook is here and here is an example one.

Part 8 References and Declarations

Two references. The handbook says the following:-

This part of the application asks you to provide details of two legal professionals who have knowledge of your work and are willing to provide a reference for you. The legal professionals should be authorised persons or members of the judiciary. An authorised person is defined in section 18 of the Legal Services Act 2007 as a solicitor, barrister, CILEx Practitioner, CILEx Fellow, Licensed Conveyancer, Patent Agent, Trade Mark Attorney, Costs Lawyer or Notarial Agent.

That’s it.. the rest is just signing the document.

What happens once CILEX Regulation approve?

You will be told that Altior will be issued with a ‘certificate of eligibility’, which allows you to liaise with Altior to arrange to join the course. Mike Winston is the usual advocacy trainer but he has said on linkedin that it now runs approximately three times a year and they will if needbe increase the number of training sessions available.

I’ve passed the course, now what?

Contact CILEX Regulation at practicerights@cilexregulation.org.uk. They will send you a form to complete.

Remember, after the first year, you will need to do a new form to show that you’ve done three examples of exercising your right of audience. Once you have it, your certification remains indefinitely – no need to renew again (and you become eligible to apply for higher rights if you ever wanted to).

Honestly, just read the handbook; it tells you how to complete each section and looks at the examples. You cannot go wrong.

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.