header-logo header-logo

Conducting litigation: approach with caution

233324
In the wake of Mazur v Charles Russell Speechlys, prudence & clear documentation are key, write Kevin Latham & Fraser Barnstaple

The decision of Mr Justice Sheldon in Mazur and Stuart v Charles Russell Speechlys [2025] EWHC 2341 (KB) has sent ripples through the legal profession. By revisiting who can conduct litigation under the Legal Services Act 2007 (LSA 2007), the judgment challenges long-held assumptions about the role of unauthorised staff in litigation.

But are the impacts of the judgment as widespread and, frankly, catastrophic as first feared by some? We would argue not.

Background facts

The litigation in question was handled almost entirely by Mr Middleton, head of commercial litigation at Goldsmith Bowers Solicitors. Although employed by a regulated firm, he was unqualified. He filed and served proceedings, among 28 other important steps listed in the judgment. The appellants applied for his replacement with a qualified solicitor.

The claim was stayed, and in support of an application to lift the stay the firm filed

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

mfg Solicitors—five promotions

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
back-to-top-scroll