Nath Solicitors reviews the case of Mazur v Charles Russell Speechlys and highlights what this means for litigators.
On 16 September 2025, the High Court delivered a judgment in Mazur & Anor v Charles Russell Speechlys, clarifying who may “conduct litigation” under the Legal Services Act 2007 (LSA). In summary, non‑qualified staff, even when supervised, cannot carry out litigation; they may only support someone who is “authorised” to do so.
Background
A debt recovery firm was engaged by Charles Russell Speechlys to pursue unpaid fees. The core of the dispute was that the particulars of claim were signed by the “head of commercial litigation” even though they didn’t have a practising certificate. At first instance, the County Court accepted that arrangement, but on appeal, Mr Justice Sheldon rejected it, finding that the SRA’s earlier advice to the firm was “clearly wrong.”
Judgment
The judgment re‑emphasised the statutory framework: under the Legal Services Act, only an “authorised person” may conduct reserved legal activities such as litigation. Support by unauthorised persons is permissible, but the dividing line between “supporting” and “conducting” is a matter of fact and degree.
The Implication for Law Firms
The implications for the legal profession are huge, particularly for litigation practices which have long relied on supervising paralegals, trainees, and legal executives to handle much of the workflow. Some firms may face criminal exposure under sections 14 and 16 of the LSA, challenges to cost recovery, or regulatory sanctions. The case also reinforces principles already embedded in the LSAs 2022 guidance on supervision.
In the interim, law firms must urgently review their litigation practices. This includes identifying who is doing what, tightening supervision, ensuring only authorised persons sign or approve substantive work, and maintaining detailed records of oversight.
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