Law Society president Mark Evans said the society was aware that some firms are seeking to make applications to the court. However, he warned: ‘Previous case law has made clear that generally the penalty for any breach should be through disciplinary proceedings and should not have any impact on the case before the court.’
In Mazur and Stuart v Charles Russell Speechlys [2025] EWHC 2341 (KB), the High Court held non-authorised persons can support but not conduct litigation under the supervision of an authorised person. The decision has prompted confusion about the correct roles of non-authorised fee earners.
The Law Society issued a practice note this week clarifying non-authorised staff can undertake work prior to the issuing of proceedings. Evans said: ‘They can help draft pleadings, particulars of claim, applications, correspondence, witness statements and can sign a statement of truth.’
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