Furious CILEX dissidents have revealed they are considering legal action if their representative body changes CILEX’s charter and byelaws without the approval of members.

CILEX’s board is meeting today to consider two ‘special resolutions’:

  • Further information received from the Solicitors Regulation Authority on the regulator's proposed approach to regulating CILEX members and agree next steps; and
  • Resolve to adopt revisions to the CILEX charter and bylaws to implement the outcomes of CILEX’s consultation on enhancing public trust and confidence.

However, in a letter sent to board members and the chief executive yesterday afternoon, CILEX Action Group said one of the proposed revisions is to increase the number of fellows required to call a special general meeting, from 50 fellows to 10% of the membership - which would equate to over 700.

‘This is clearly an attempt by CILEX to restrict the ability of members to hold CILEX to account and is something that CILEX should be ashamed of,’ former past president Stephen Gowland said on behalf of the group. Several members signed a notice that was also sent to CILEX chiefs yesterday.

Gowland said the charter and byelaws can be changed only at a general meeting which must allow fellows to attend, speak and vote.

Gowland

Gowland has urged CILEX not to adopt any resolutions today

‘As you have not allowed fellows to speak on the issues which you are to vote on tomorrow, any application to make changes to the charter and byelaws to the Privy Council and the Legal Services Board will be void ab initio, and therefore vehemently resisted. Further, if the Royal Charter is breached, all directors will be both collectively and individually liable for this breach.’ Gowland said.

Gowland urged CILEX not to adopt any resolutions today, warning that to do so would breach requirements laid down by the charter and byelaws.

‘Please be aware that legal action is being contemplated because of a serious breach of the charter and byelaws by CILEX,’ Gowland added. ‘If CILEX does proceed to make changes without complying with the rules governing the Chartered Institute, we will be forced to seek legal advice on taking matters further which we hope to avoid.’

CILEX chiefs were urged to consider mediation that Gowland said had been offered by a senior High Court judge.

In a statement to the Gazette, CILEX said: ‘A small group of CILEX members have contacted CILEX under a misunderstanding as to the status and nature of the CILEX board meeting being held [today]. CILEX has responded to those members to correct that misunderstanding and to reassure them that CILEX remains in compliance with its charter and byelaws.’

Members of the action group have repeatedly requested a special general meeting to consider proposed amendments they have put forward in relation to the charter, byelaws and standing orders. Their proposed changes include publication of full board minutes within a month of the meeting and new clauses in relation to votes of no confidence.

 

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