On 15 January 2024, the Legal Services Board (LSB) approved CILEx Regulation’s application to enable us to authorise eligible CILEX Practitioners with litigation and advocacy rights and Chartered Legal Executive Advocates for Higher Rights of Audience.
Provided they work in a regulated law firm or in-house (not offering services to the public or a section of the public) all CILEX Practitioners with litigation and advocacy rights and Chartered Legal Executive Advocates currently have rights of audience in the lower courts in one of the following areas:
a. Civil proceedings
b. Criminal proceedings
c. Family proceedings
Eligible members are now able to undertake additional training and assessment to gain rights of audience in the High Courts in one of the following areas:
a. Civil proceedings
b. Criminal proceedings
As most family proceedings work is dealt with in the lower courts, and the existing advocacy rights course will provide appropriate rights of audience, CRL has not developed a standard for Higher Rights for family work. However, family lawyers seeking Higher Rights would be able to take the civil route if they wish to seek Higher Rights of Audience.
Eligibility
Only those CILEX Practitioners with litigation and advocacy rights and Chartered Legal Executive Advocates who have successfully completed the first renewal of their advocacy certificate will be eligible to apply to undertake the additional training and assessment required for Higher Rights of Audience. If you are unsure if you have successfully completed the first renewal of your advocacy certificate, please check that you are listed as an Advocate on the CILEx Regulation Authorised Practitioners Directory or email info@cilexregulation.org.uk and we will confirm.
CILEX Practitioners with litigation and advocacy rights and Chartered Legal Executive Advocates seeking authorisation for Higher Rights of Audience are only eligible to undertake the additional training and assessment to gain rights of audience in the High Court for the same area as their existing lower courts advocacy authorisation, i.e. civil proceedings or criminal proceedings.
Those CILEX Practitioners with litigation and advocacy rights and Chartered Legal Executive Advocates authorised for family proceedings who wish to seek authorisation for Higher Rights of audience are only eligible to undertake the additional training and assessment to gain rights of audience in the High Court for civil proceedings.
CILEX Practitioners with litigation and advocacy rights and Chartered Legal Executive Advocates authorised for civil or family proceedings (Chambers Rights Only) are not eligible to apply to undertake Higher Rights of Audience training and assessment.
The University of Law (ULaw)
The additional training and assessment will be delivered by The University of Law (ULaw) and it has been developed based on CRL’s two new standards, namely:
- Standards for CILEX higher court advocates for civil proceedings
- Standards for CILEX higher court advocates for criminal proceedings
Candidates undertaking the additional training and assessment with ULaw will be required to demonstrate their knowledge and competence against the appropriate standard to ensure they have the necessary knowledge, skills and behaviours required for a Higher Rights Advocate.
Training
Whether candidates are undertaking the civil or criminal proceedings training and assessment, ULaw offer two-day training sessions as follows:
- Written Advocacy Training – 2 days
- Practical Advocacy Training – 2 days
Assessment
The Higher Rights Advocacy Assessment is run in two parts to make it more manageable for members and therefore, maximise their performance:
Part 1: Written examination
Part 2: Practical assessment
The written examination accounts for 40% of the total mark, and the practical assessment accounts for 60% of the total marks available. Members must achieve a minimum of 60% in each of the two parts to pass the Advocacy Assessment.
Part 1: Written examination
The written exam focuses on evidence, ethics, particular advocacy issues, and equality and diversity. It is tailored to either civil or criminal law dependent on the candidate.
Candidates are not permitted to bring their own materials into the written examination but will be provided with an unannotated ULaw copy of the relevant Blackstone’s text and extracts from the SRA Code of Conduct for reference during the examination.
Please note that training materials and/or notes are not permitted in the examination.
The exam format includes sections in the format of Question and Answer and a Critical Review of Documentation.
A blank specimen written examination paper is provided with the joining information.
Part 2: Practical Assessment
The practical assessment examines generic advocacy skills and particular advocacy issues not examined in part one, tailored to either civil or criminal law dependent on the candidate.
Candidates will be supplied with the assessment materials seven days prior to the assessment.
By close of business four days prior to the assessment, candidates will be required to submit a skeleton argument for an interim application/submission on the law (5 marks).
On the assessment day itself, candidates will be required to:
- argue an interim application/make a submission on the law (15 marks)
- submit a trial strategy plan, which can be prepared in advance (5 marks)
- present an opening speech (7 marks)
- examine in chief a witness (12 marks)
- cross-examine a witness (16 marks)
The witnesses to be examined and cross-examined may be a lay or expert witness.
As much as possible, the practical assessments are conducted in a properly contested scenario, with two candidates being assessed at the same time, each representing one of the parties to the dispute, so as to reflect the realism of court advocacy.
Fees
The fees for Civil or Criminal proceedings is £1665 + VAT. However, these are subject to change and will be confirmed by ULaw at the time of course booking.
Course dates and booking
For details of course dates and information on booking, please visit Higher Rights of Audience | University of Law, select ‘Professional Legal Training’ and follow the links to Higher Rights. This will guide you to an online booking page where you can complete and submit a booking form. Colleagues at ULaw will then contact you direct.
Gaining CILEx Regulation Authorisation
Following successful completion of the Higher Rights of Audience training and assessment, ULaw will issue you with a Record of Learning and Achievement Transcript. You will need to return this to us at advocacy@cilexregulation.org.uk along with a completed application form.
Any questions?
If you require any further information about Higher Rights of Audience, please contact us at info@cilexregulation.org.uk.
