Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
The High Court has ruled that unqualified employees cannot perform ‘conduct of litigation’—even under supervision—because the Legal Services Act 2007 allows only authorised persons to take formal steps such as issuing or serving proceedings. The judgment could prompt objections to work done by unauthorised fee-earners and challenges to costs recovery. Firms must now show clear supervision records proving an authorised lawyer retained control.
The authors urge immediate reviews of delegation practices and careful documentation, predicting further litigation to clarify the limits. Their message: prudence, paperwork and authorised oversight are now essential safeguards.
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