In Mazur and another v Charles Russell Speechlys LLP and another (Chartered Institute of Legal Executives and others, intervening) [2026] EWCA Civ 369 this week, Sir Geoffrey Vos, Sir Colin Birss and Lady Justice Andrews held the judge was wrong to distinguish between supporting an authorised solicitor in conducting litigation and conducting litigation under the supervision of an authorised solicitor.
Accordingly, an unauthorised person can lawfully conduct litigation if they do so under the supervision of an authorised individual, under the Legal Services Act 2007.
Iain Miller, partner at Kingsley Napley, which advised CILEX pro bono, said: ‘As we argued in court, authorised persons have always been able to delegate tasks to those they work alongside, including CILEX members, paralegals and other members of the legal profession including trainee and foreign lawyers.
‘There will be many individuals and businesses, including those operating in the not-for-profit sector, who will be relieved by this outcome. It will also be a relief for many members of my profession, be they solicitors or their firms, who have had to grapple with the uncertainty and disruption which was caused by last year’s judgment.’
CILEX chief executive Jennifer Coupland said: ‘This is the most consequential judgment for legal services in recent history.
‘It means the profession can now operate effectively, maintaining high standards and consumer confidence while opening up legal services to alternative business models and providers.’
NLJ columnist Professor Dominic Regan, of City Law School, said: ‘I attended the first two days of the hearing.
‘The Master of the Rolls presided and was by far the most active member on the Bench, asking incisive questions at every turn. The excellent judgment was penned by Lord Justice Birss who kept a low profile but obviously grasped and mastered every nuance.
‘Nicholas Bacon KC deserves immense credit for getting this appeal underway out of time and on behalf of an entity CILEX which was not party to the decision. He acted pro bono too.’ Read more from Regan on p7 of this week’s issue.
David Bailey-Vella, chair of the Association of Costs Lawyers, said: ‘This decision should calm the legal market.’
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