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22 May 2026 / Stephen Nelson
Issue: 8162 / Categories: Opinion , Legal services , Profession
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Litigating in today’s world

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© Getty images
Will the Mazur ruling prompt some much-needed reflection on the conduct of litigation? Stephen Nelson considers the road ahead

In his 2017 paper, ‘The Legal Services Act 2007: ten years on, and mind the gaps’, Professor Stephen Mayson set out ‘a number of ways in which the Act falls short of a modern, fit-for-purpose framework for the regulation of legal services’ including that:

‘…the six reserved legal activities are not the result of any modern, targeted, risk-based and proportionate approach to regulation but are rather historical anachronisms that often emerged from political bartering and expedience in centuries past.’

This is illustrated most clearly when considering the ‘conduct of litigation’, the scope of which has been subject to debate for at least the past two decades with a string of cases bookended, as of today, by Agassi v Robinson [2005] EWCA Civ 1507 and most recently by Mazur and another v Charles Russell Speechlys LLP and another [2026] EWCA Civ 369.

Along with the other reserved legal activities, conduct of litigation

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NEWS
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
Businesses are facing a ‘dramatic rise in prosecution risks’ as sweeping reforms to corporate criminal liability come into force, expanding the net of who can be held responsible for wrongdoing inside organisations
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
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