In the recent High Court decision in Mazur v Charles Russell Speechlys, the defendants—acting in person—requested that the individual representing the claimants be replaced by a solicitor with a valid practicing certificate. Although the court initially imposed a stay, it was later lifted, and a costs order was made against the defendants. They appealed, arguing that the person conducting litigation for the claimants was not legally entitled to do so without a practicing certificate.
The High Court reaffirmed that litigation is a reserved legal activity under the Legal Services Act 2007, and that only authorised persons may conduct it—even within regulated entities.
Impact on Legal Executives and Law Firms
The decision has raised concerns among CILEX-qualified legal executives, some of whom had previously understood they could conduct litigation under supervision. Firms are now reassessing roles and responsibilities, which may affect how certain tasks are delegated.
Law Society’s Response
The Law Society has responded by seeking urgent engagement with the Solicitors Regulation Authority (SRA) to understand how it intends to address the judgment.