header-logo header-logo

22 May 2026 / Stephen Nelson
Issue: 8162 / Categories: Opinion , Legal services , Profession
printer mail-detail

Litigating in today’s world

250400
© 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

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

Debevoise & Plimpton—Mary Lavelle

Debevoise & Plimpton—Mary Lavelle

Debevoise expands London secondaries team with addition of Mary Lavelle

Excello Law—Hestia Private Client

Excello Law—Hestia Private Client

Excello Law welcomes ex-Irwin Mitchell team to launch Hestia Private Client

Carpmaels & Ransford—Christopher Stothers

Carpmaels & Ransford—Christopher Stothers

Heavyweight patent litigator will bolster Carpmaels Ransford’s rapidly growing Litigation team as firm marks its 250th anniversary

NEWS
Lawyers have welcomed plans to create specialist rape and serious sex offences courtrooms at every Crown Court
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
back-to-top-scroll