Mazur and the Conduct of Litigation
This practice note provides advice on how solicitors, law firms, and legal businesses can ensure that only authorized individuals conduct litigation, following the High Court judgment in Mazur v Charles Russell Speechlys.
Under the Legal Services Act 2007 (LSA 2007), the conduct of litigation is a 'reserved legal activity', meaning that a person must be authorized by the Solicitors Regulation Authority (SRA) or another approved legal regulator to conduct litigation.
- A person who is not authorized cannot conduct litigation, regardless of their employment or managerial status within an authorized firm.
- They must not conduct litigation even if working under the supervision of an authorized person.
The definition of the conduct of litigation is narrow, limited to formal steps in proceedings, such as:
- Issuing applications
- Filing statements of case
- Serving statements of case
No person can conduct litigation without authorization from the SRA or another approved regulator.
Author's summary: Ensuring only authorized individuals conduct litigation.
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