As a member, am I a “Legal Representative” under the Civil Procedure Rules (“CPR”)?

Paragraph 2.3 of Part 2 of the CPR defines a “legal representative” as a

• Barrister;
• Solicitor;
• Solicitor’s employee;
• Manager of a body recognised by the SRA; or
• A litigator authorised under the Legal Services Act 2007.

CILEx members employed in solicitors firms are therefore legal representatives for the purposes of the CPR. Non lawyer managers (who may be members of CILEx but not Fellows or CILEx Conveyancing/probate practitioners) will also fall within paragraph 2.3 of the CPR. Other members of CILEx who are not employed by a solicitor are not covered by this definition, and should not be acting in litigation proceedings in any event.

Since October 2014, CILEx Fellows can apply to CILEx Regulation to undertake litigation. Fellows granted the right to undertake litigation will fall within the definition of legal representative for CPR purposes.

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